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Eviction Proceedings And Foreclosure
Summary
If a Temporary Restraining Order (TRO) is not granted, eviction proceedings can commence despite a pending Superior Court case. In Massachusetts, you can file a motion to stay eviction in Housing Court, citing title issues under Superior Court jurisdiction. Managing a Superior Court case alongside adversary bankruptcy proceedings can be complex due to federal laws. Consider consulting a local attorney for specific guidance.Full Conversation
Is there a way to stay the eviction proceedings given the title issues and because the Superior court has jurisdiction over title while the housing or district courts do not
In Massachusetts, you may be able to request a stay of eviction proceedings in Housing Court due to the pending title issues in Superior Court. Here are some general steps you can take:
- File a motion to stay the eviction proceedings in Housing Court.
- Present evidence of the pending title issues in Superior Court.
- Argue that the Superior Court's jurisdiction over the title should halt the eviction process.
Would you like assistance in connecting with a local lawyer who can provide more specific guidance on your situation?
- File a motion to stay the eviction proceedings in Housing Court.
- Present evidence of the pending title issues in Superior Court.
- Argue that the Superior Court's jurisdiction over the title should halt the eviction process.
Would you like assistance in connecting with a local lawyer who can provide more specific guidance on your situation?
Which approach may be easier to manage (*) Superior case pending and Summary process/eviction case pending (*)Superior case pending and adversary banktrupcy proceedings
In general, managing a case with a pending Superior Court case and adversary bankruptcy proceedings may be more complex due to the involvement of federal bankruptcy laws and courts. However, the specifics of your situation could make either approach more manageable.
Would you like to be connected with a local lawyer who can provide tailored advice for your case?
Would you like to be connected with a local lawyer who can provide tailored advice for your case?
if there is conflict in recorded mortgage assignments is that call cloud on title
Case Rating: *
Yes, conflicts in recorded mortgage assignments can create a cloud on the title. A cloud on title is any claim, lien, or encumbrance that might invalidate or impair a title to real property.
Would you like more detailed information about dealing with a cloud on title?
Yes, conflicts in recorded mortgage assignments can create a cloud on the title. A cloud on title is any claim, lien, or encumbrance that might invalidate or impair a title to real property.
Would you like more detailed information about dealing with a cloud on title?
if a mortgagee records a judgment assigned to them but 10 months later records affidavit of lost mortgage assignment referenced in the judgment how does that impact title
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A mortgagee recording a judgment assigned to them, followed by an affidavit of lost mortgage assignment 10 months later, can create issues affecting the clarity of the title. Specifically:
- The title may be clouded due to the inconsistency in records.
- Potential buyers or other parties might question the validity of the title or the mortgage assignment.
Would you like more detailed information on resolving clouded titles?
A mortgagee recording a judgment assigned to them, followed by an affidavit of lost mortgage assignment 10 months later, can create issues affecting the clarity of the title. Specifically:
- The title may be clouded due to the inconsistency in records.
- Potential buyers or other parties might question the validity of the title or the mortgage assignment.
Would you like more detailed information on resolving clouded titles?
meaning of "while what, if anything, is determined
to be due before foreclosure can ensue"
Case Rating: *
The phrase "while what, if anything, is determined to be due before foreclosure can ensue" means that before the foreclosure process can proceed, there must be a determination of any amounts owed. This determination decides if there is any outstanding debt or obligations that need to be addressed before moving forward with the foreclosure.
Is there anything specific you would like to know about this process or how it might affect your situation?
The phrase "while what, if anything, is determined to be due before foreclosure can ensue" means that before the foreclosure process can proceed, there must be a determination of any amounts owed. This determination decides if there is any outstanding debt or obligations that need to be addressed before moving forward with the foreclosure.
Is there anything specific you would like to know about this process or how it might affect your situation?
does filing bankruptcy stay other court cases
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Filing for bankruptcy can indeed stay other court cases, including eviction and foreclosure proceedings, due to the automatic stay provision. This provision halts most collection actions, lawsuits, and foreclosures against the debtor the moment a bankruptcy petition is filed.
Are you considering filing for bankruptcy to address your situation?
Filing for bankruptcy can indeed stay other court cases, including eviction and foreclosure proceedings, due to the automatic stay provision. This provision halts most collection actions, lawsuits, and foreclosures against the debtor the moment a bankruptcy petition is filed.
Are you considering filing for bankruptcy to address your situation?
would the lawsuit that I filed against the lender be stayed as well?
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In Massachusetts, when you file for bankruptcy, the automatic stay provision generally halts most legal actions against you, including lawsuits. This means your lawsuit against the lender would typically be stayed as well.
Are you considering filing for bankruptcy?
In Massachusetts, when you file for bankruptcy, the automatic stay provision generally halts most legal actions against you, including lawsuits. This means your lawsuit against the lender would typically be stayed as well.
Are you considering filing for bankruptcy?
if i have a motion due in the appeals court should I still file it or file a suggestion of bankruptcy and ask fro stay
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It's generally advisable to file a suggestion of bankruptcy and ask for a stay, especially if the bankruptcy filing can provide immediate relief from the foreclosure and eviction proceedings. This would invoke the automatic stay provision, halting most legal actions against you.
Would you like more detailed information about this process or have any other questions?
It's generally advisable to file a suggestion of bankruptcy and ask for a stay, especially if the bankruptcy filing can provide immediate relief from the foreclosure and eviction proceedings. This would invoke the automatic stay provision, halting most legal actions against you.
Would you like more detailed information about this process or have any other questions?
when TRO enjoining foreclosure gets denied can I appeal that decision
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Yes, you can appeal the denial of a Temporary Restraining Order (TRO) in Massachusetts. Here are some general steps to consider:
- File a notice of appeal in the trial court.
- Prepare the appellate brief outlining the reasons for the appeal.
- Follow the Massachusetts Rules of Appellate Procedure.
Would you like more guidance on the appeals process?
Yes, you can appeal the denial of a Temporary Restraining Order (TRO) in Massachusetts. Here are some general steps to consider:
- File a notice of appeal in the trial court.
- Prepare the appellate brief outlining the reasons for the appeal.
- Follow the Massachusetts Rules of Appellate Procedure.
Would you like more guidance on the appeals process?
would filing notice of appeal stop the auction
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Filing a notice of appeal does not automatically stop the auction. You would need to request a stay of the auction from the court while the appeal is pending. This can be a complex process.
Would you like more information on how to request a stay from the court?
Filing a notice of appeal does not automatically stop the auction. You would need to request a stay of the auction from the court while the appeal is pending. This can be a complex process.
Would you like more information on how to request a stay from the court?
what is timeline for filing notice of appeal
Case Rating: *
In Massachusetts, you generally have 30 days from the date of the judgment or order to file a notice of appeal. This timeline is critical to ensure your appeal is considered.
Would you like more information on the appeals process or have any other questions?
In Massachusetts, you generally have 30 days from the date of the judgment or order to file a notice of appeal. This timeline is critical to ensure your appeal is considered.
Would you like more information on the appeals process or have any other questions?
would I need to conform to this deadline even when baktrupcy was filesd
Case Rating: *
Yes, you would typically need to conform to the deadline for filing a notice of appeal even if bankruptcy was filed. The automatic stay provision in bankruptcy may halt other proceedings, but appellate deadlines usually remain intact.
Would you like to be connected to local lawyers who can better assist you with your case?
Yes, you would typically need to conform to the deadline for filing a notice of appeal even if bankruptcy was filed. The automatic stay provision in bankruptcy may halt other proceedings, but appellate deadlines usually remain intact.
Would you like to be connected to local lawyers who can better assist you with your case?
so if I file notice of appeal would the appeal count conisder it while the banktrupcy is pending
Case Rating: *
Filing a notice of appeal does not automatically stay the proceedings in the appeals court while the bankruptcy is pending. However, the automatic stay provision in bankruptcy typically halts most collection actions and legal proceedings against you.
Would you like more guidance on how to navigate the appeals process while your bankruptcy is pending?
Filing a notice of appeal does not automatically stay the proceedings in the appeals court while the bankruptcy is pending. However, the automatic stay provision in bankruptcy typically halts most collection actions and legal proceedings against you.
Would you like more guidance on how to navigate the appeals process while your bankruptcy is pending?
if you question secured mortgage debt in bankruptcy for lack of proof of claim does the mortgage payment go into b13 monthly payment calculation
Case Rating: *
In a Chapter * bankruptcy, secured mortgage debt typically needs to be included in the monthly payment calculation:
- If the mortgage lender does not file a proof of claim, you may be able to dispute the debt.
- However, the mortgage payment is usually still included in the Chapter * repayment plan.
Would you like more detailed information on how to handle secured mortgage debt in Chapter * bankruptcy?
In a Chapter * bankruptcy, secured mortgage debt typically needs to be included in the monthly payment calculation:
- If the mortgage lender does not file a proof of claim, you may be able to dispute the debt.
- However, the mortgage payment is usually still included in the Chapter * repayment plan.
Would you like more detailed information on how to handle secured mortgage debt in Chapter * bankruptcy?
what about if you file adversary proceedings
Case Rating: *
Filing adversary proceedings in bankruptcy court can address specific issues related to your secured mortgage debt and other disputes. It might be beneficial to consult with a lawyer to navigate this complex process effectively.
Would you like more detailed information on filing adversary proceedings?
Filing adversary proceedings in bankruptcy court can address specific issues related to your secured mortgage debt and other disputes. It might be beneficial to consult with a lawyer to navigate this complex process effectively.
Would you like more detailed information on filing adversary proceedings?
what is the differenc between challenging proof of claim vs adversary proceedings
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Challenging Proof of Claim vs. Adversary Proceedings:
- Challenging Proof of Claim:
- Focuses on the validity or amount of the creditor's claim.
- Filed within the bankruptcy case.
- Less formal and generally quicker process.
- Adversary Proceedings:
- Separate lawsuit within the bankruptcy case.
- More formal and complex.
- Addresses broader issues like fraud, dischargeability, or lien disputes.
Would you like more detailed guidance on either process?
Challenging Proof of Claim vs. Adversary Proceedings:
- Challenging Proof of Claim:
- Focuses on the validity or amount of the creditor's claim.
- Filed within the bankruptcy case.
- Less formal and generally quicker process.
- Adversary Proceedings:
- Separate lawsuit within the bankruptcy case.
- More formal and complex.
- Addresses broader issues like fraud, dischargeability, or lien disputes.
Would you like more detailed guidance on either process?
does proof of claim include validity of the mortgage itself
Case Rating: *
Yes, a Proof of Claim can include the validity of the mortgage itself, especially if the validity is challenged. Would you like to be connected to local lawyers who can better assist you with your case?
Yes, a Proof of Claim can include the validity of the mortgage itself, especially if the validity is challenged. Would you like to be connected to local lawyers who can better assist you with your case?
I filed a lawsuit in superior court and TRO was denied, later I filed B13 to stop foreclosure. Does B13 filings stay the superior court case
Case Rating: *
Filing for Chapter * bankruptcy can stay most legal actions against you, including foreclosure and eviction proceedings, due to the automatic stay provision. However, it does not automatically stay other court cases like those in Superior Court.
Would you like more detailed information on how the automatic stay works in bankruptcy proceedings?
Filing for Chapter * bankruptcy can stay most legal actions against you, including foreclosure and eviction proceedings, due to the automatic stay provision. However, it does not automatically stay other court cases like those in Superior Court.
Would you like more detailed information on how the automatic stay works in bankruptcy proceedings?
So if the TRO was denied what will be likely next step in court
Case Rating: *
If the TRO (Temporary Restraining Order) was denied, the next steps in court generally include:
- Proceeding with the main case or underlying lawsuit.
- Considering filing a motion for reconsideration or an appeal if you believe the denial was in error.
- Preparing for the next scheduled court hearings or deadlines.
Would you like more detailed information on any of these steps?
If the TRO (Temporary Restraining Order) was denied, the next steps in court generally include:
- Proceeding with the main case or underlying lawsuit.
- Considering filing a motion for reconsideration or an appeal if you believe the denial was in error.
- Preparing for the next scheduled court hearings or deadlines.
Would you like more detailed information on any of these steps?
what is the deadline for filing a motion for reconsideration
Case Rating: *
In Massachusetts, the deadline for filing a motion for reconsideration is generally within 10 days after the court's decision or order.
Would you like more detailed information on how to file a motion for reconsideration?
In Massachusetts, the deadline for filing a motion for reconsideration is generally within 10 days after the court's decision or order.
Would you like more detailed information on how to file a motion for reconsideration?
how about the deadline for notice of appeal
Case Rating: *
In Massachusetts, you generally have 30 days from the date of the judgment or order to file a notice of appeal.
Would you like to be connected to local lawyers who can better assist you with your case?
In Massachusetts, you generally have 30 days from the date of the judgment or order to file a notice of appeal.
Would you like to be connected to local lawyers who can better assist you with your case?
does the order appeal go to the single justice
Case Rating: *
In Massachusetts, an appeal of a single justice's order typically goes to a panel of the Appeals Court.
Would you like more detailed information on the appeals process or have any other specific questions?
In Massachusetts, an appeal of a single justice's order typically goes to a panel of the Appeals Court.
Would you like more detailed information on the appeals process or have any other specific questions?
is the superior court TRO denial order appealed to a single justice of the appeals court
Case Rating: *
In Massachusetts, the denial of a Temporary Restraining Order (TRO) by the Superior Court is usually appealed to a panel of the Appeals Court, not a single justice.
Would you like more detailed information on how to appeal a TRO denial in Massachusetts?
In Massachusetts, the denial of a Temporary Restraining Order (TRO) by the Superior Court is usually appealed to a panel of the Appeals Court, not a single justice.
Would you like more detailed information on how to appeal a TRO denial in Massachusetts?
what is the deadline for appeal to the panel
Case Rating: *
In Massachusetts, you generally have 30 days from the date of the judgment or order to file a notice of appeal to a panel of the Appeals Court.
Would you like more detailed information on how to file an appeal?
In Massachusetts, you generally have 30 days from the date of the judgment or order to file a notice of appeal to a panel of the Appeals Court.
Would you like more detailed information on how to file an appeal?
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