Illegal Foreclosure Petition Guide

Summary

You have a significant case involving illegal foreclosure and usury violations in Massachusetts. Fraudulent signing and excessive interest rates are key issues. Massachusetts law prohibits interest rates over 20%, and misrepresentation during signing can invalidate contracts. Consider filing a complaint with regulatory authorities or seeking a second legal opinion. You can sue attorneys for fraud on the court if you have evidence. For securities fraud claims, establish misrepresentation, material fact, intent, reliance, and damages. Attorneys often work on a contingency fee basis. Prepare a detailed cover letter for potential legal representation. You can pursue damages instead of property return, but overlapping claims may affect recovery. Consider keeping the appeal for leverage or request a stay to manage case timing.

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- Plaintiff was coerced by her advisor, who claimed she was in a heated emergency and would lose the property to foreclosure if she did not sign the documents, despite Plaintiff having $*,* in equity in the property. She could have paid the original creditor $*,*, the amount owed by James. - Usury Violations: - The loan, a hard money loan due in 18months, had an *% interest rate that increased to *% after including the $*,* broker fee, violating Massachusetts usury laws. - Truth in Lending and RESPA violations further underscore the contract's invalidity. - Foreclosure:
It sounds like you have a significant case involving multiple legal issues. Here are some relevant points under Massachusetts law:
- Fraudulent Signing: Misrepresentation during signing can invalidate a contract.
- Usury Violations: Massachusetts law limits interest rates to *%, making your loan's *% rate potentially illegal.
- Foreclosure: If procedural errors occurred, the foreclosure may be illegal.
- Truth in Lending and RESPA: Violations here can also invalidate the loan.
Would you like details on filing the petition or need help finding legal representation?
- Plaintiff's property was wrongfully foreclosed based on fraudulent claims and excessive interest rates, causing significant financial harm and loss of over one million dollars in equity. Legal Grounds: - Massachusetts Usury Laws: - Cite relevant statutes that prohibit excessive interest rates, such as Mass. Gen. Laws ch. *, § * (Usury Law). - Massachusetts Uniform Fraudulent Transfer Act (MUFTA): - Reference MUFTA if applicable, to address the fraudulent transfer of property title.
You seem to have a strong case with multiple legal violations. Here are some relevant statutes:
- Massachusetts Usury Laws: Mass. Gen. Laws ch. *, § * prohibits interest rates exceeding *%.
- Massachusetts Uniform Fraudulent Transfer Act (MUFTA): Addresses fraudulent transfer of property titles.
Would you like detailed steps on how to file the petition, or assistance in locating legal representation?
Yes i want to understand more thoroughly. Questions. i currently have two court case one in state for breach of fiduciary duty by my advisor and one in federal court against the private lender for illegal foreclsoure, usury and * a. So if i void the foreclsoure than that significantly reduces the damages . Right?
Yes, voiding the foreclosure could significantly reduce your damages, as it would restore your property and potentially negate some financial losses.
Would you like detailed steps on how to proceed with voiding the foreclosure in Massachusetts?
Lets explore more options. My attorney did not want to sue for secuirty fraud against pensoc trust company and the attorneys who conspired as well. Wgat then are my options?
You might want to consider the following options:
- File a Complaint with Regulatory Authorities: You can file a complaint with the Massachusetts Securities Division if you believe there was securities fraud.
- Seek a Second Legal Opinion: Consult another attorney who specializes in securities fraud for a second opinion.
- Alternative Dispute Resolution: Explore mediation or arbitration to resolve the issue outside of court.
Would you like more details on any of these options?
what about sueing the attorneys for fraud on the court knowingly filing a fraudlent deed into southeast housing court which leadto my eviction?
To sue attorneys for fraud on the court in Massachusetts, consider the following:
- Fraud on the Court: This involves proving that the attorneys intentionally misled the court, impacting the outcome.
- Massachusetts Rules of Professional Conduct: Attorneys are bound by these rules, and violations can lead to discipline.
- SJC Rule *:*: Outlines ethical obligations for lawyers.
Would you like more details on how to file a complaint or proceed with a lawsuit?
I would like a strategy to sue only the attorneys and pensoctrust company . could I do that in this case?
Yes, you can consider suing the attorneys and Pensco Trust Company. Here are some steps:
- Fraud on the Court: Gather evidence proving the attorneys knowingly filed fraudulent documents.
- Massachusetts Securities Division: File a complaint regarding securities fraud by Pensco Trust Company.
- Legal Representation: Seek an attorney specializing in legal malpractice and securities fraud.
Would you like more details on any of these steps?
I have concrete proof that the attorneys committed fruad on the court . Can a person sue under this fruad on the court or would it be ading and abetting ?
Yes, you can sue for fraud on the court. Here’s what you need to know:
- Fraud on the Court: This involves proving the attorneys intentionally misled the court, impacting the case outcome.
- Massachusetts Rules of Professional Conduct: Violations can lead to attorney discipline.
- Legal Representation: Consult an attorney specializing in legal malpractice for guidance.
Would you like help finding legal representation or more details on filing a lawsuit?
its not legal mapractice though because im the third party.
Alright, here’s what you need to know:
- Fraud on the Court: You can still pursue a case if you have concrete proof of attorneys knowingly filing fraudulent documents. This can be a strong basis for legal action.
- Aiding and Abetting: You can also consider this if the attorneys helped in the fraudulent activities.
Would you like more information on filing these specific types of lawsuits?
have you revied my securites fruad claim do I meet the elements do file a claim against pensco trust company ?
To assess whether you meet the elements to file a securities fraud claim against Pensco Trust Company, here are the key elements you need to establish:
- Misrepresentation or Omission: Prove that Pensco Trust Company made false statements or omitted crucial information.
- Material Fact: The misrepresentation or omission must be about a material fact.
- Intent: Show that Pensco acted with intent to deceive.
- Reliance: Demonstrate that you relied on the false information.
- Damages: Provide evidence of financial loss due to the fraud.
Do you have evidence that Pensco Trust Company intentionally misled you regarding your securities?
Its not my securities. I notified them that one of their IRAs was self dealing involving a prohibitve transaction and they denied all liabilty. Here follows: Elements of Conspiracy: - Agreement: - Correspondences notifying Pensco Trust Company of the fraudulent activities. - Pensco’s failure to act and their active participation in the foreclosure process. - Intent: - Pensco’s denial of fraud despite being informed. - Continued facilitation of the foreclosure process, indicating intent to further the conspiracy. -
Based on your situation, it seems you have a strong case involving conspiracy and potential securities fraud. Here are some steps you can consider:
- Document Everything: Gather all correspondence and evidence of Pensco’s knowledge and inaction.
- File a Complaint: Consider filing a complaint with the Massachusetts Securities Division.
- Seek Legal Counsel: Find an attorney specializing in securities fraud and conspiracy cases.
Would you like more information on any of these steps?
Overt Act: - On June *, *, Attorney Luke Travis, representing Pensco Trust Company, filed the pre-foreclosure 35B and 35C affidavits into the registry of deeds. - On November *, *, Travis signed under power of attorney for Pensco, claiming compliance with foreclosure laws. - Pensco sold the property at public auction to L & S Realty LLC. - Supporting Facts: - Pensco Trust Company knowingly participated in the conspiracy by filing false affidavits and facilitating theillegal foreclosure. - An affidavit signed by Pensco falsely affirmed compliance with legal requirements, enabling the fraudulent transfer and foreclosure. - The foreclosure deed recorded on May *, *, further facilitated the illegal foreclosure.
You seem to have a strong case involving conspiracy, fraud on the court, and potentially securities fraud. Here are some steps you can consider:
- Document Everything: Collect all correspondence and evidence of Pensco's knowledge and fraudulent actions.
- File a Complaint: You can file a complaint with the Massachusetts Securities Division.
- Seek Legal Counsel: Find an attorney specializing in fraud and conspiracy cases to guide you.
Would you like more detailed information on any of these steps or assistance in finding legal representation?
does their inaction and signing the deed and afiddavit meet the element of securities frad?
It seems like your situation could potentially meet the elements of securities fraud, especially if you can prove intent and reliance. Here are the key elements to consider:
- Misrepresentation or Omission: Pensco's failure to act upon being notified of the fraudulent activities.
- Material Fact: The fraudulent activities and wrongful foreclosure process.
- Intent: Pensco's denial of liability and continued participation.
- Reliance: Your action based on their denial and facilitation.
- Damages: Financial loss due to the foreclosure.
Would you like help finding an attorney specializing in this area?
Reliance: Your action based on their denial and facilitation. I havent done anything until now because i believed them when they said , its not their problem. Is that what yiu mean by reliance?
Yes, reliance in this context means that you took or refrained from action based on Pensco Trust Company's assurances that it wasn't their problem. Your belief in their statements and subsequent inaction could demonstrate reliance.
Would you like more information on gathering evidence to support this or assistance in finding legal representation?
do Securities fruad attorney work on a not on a flat fee, whats it called??
Securities fraud attorneys often work on a contingency fee basis. This means they only get paid if you win the case and receive a settlement or judgment. Their fee is a percentage of the amount you recover.
Would you like more information on finding a securities fraud attorney who works on a contingency fee basis?
I need to preapre a detailed cover letter citing the evidence that I have an upon request I can send it to them? Does this sound reasonable?
Yes, preparing a detailed cover letter citing the evidence you have sounds like a reasonable step. Here are some tips:
- Introduction: Briefly introduce yourself and the purpose of the letter.
- Evidence Summary: Summarize the key evidence you have.
- Request for Action: Clearly state what you are requesting (e.g., a meeting, a review of your evidence).
- Contact Information: Provide your contact details for follow-up.
Would you like help with drafting specific sections of the cover letter?
I requesting to hair an attorney that is aggressive and after rveiweing my case knows its strengths and weaknesses and if interested will take the next step. Does this sound reasonable. I want an attorney who wants to take my case.
Yes, that sounds reasonable. You can mention that in your cover letter. Here are some points you can include:
- Introduction: Briefly introduce yourself and your situation.
- Case Summary: Outline the key points of your case, highlighting strengths and weaknesses.
- Request: Clearly state that you are seeking an aggressive attorney who will review your case and take necessary steps.
- Contact Information: Provide your contact details for follow-up.
Would you like help drafting any specific part of the cover letter?
to clarify I can sue pensoc without sueing the IRAS or do i include the IRAs as i am not sueing them currently for securities fraud?
You can sue Pensco Trust Company without including the IRAs if your claims are specifically against Pensco's actions and not the IRAs directly. However, if the IRAs are involved in the fraudulent activities, you might want to consider including them to strengthen your case.
Would you like more information on how to proceed with the lawsuit against Pensco Trust Company?
Would the judge say that you are already sueing the iRAs for an illegal foreclsoure usuary and 93a. Does this overlapp create a problem?
Hi there! Overlapping claims can indeed create complications, but it depends on whether the claims against the IRAs and Pensco Trust Company are distinct enough to avoid double recovery or conflicting judgments. Here are a few points to consider:
- Distinct Claims: Ensure your claims against each party are clearly defined and separate.
- Judicial Efficiency: Courts may consolidate related cases to streamline proceedings.
- Legal Strategy: Consult with your attorney to determine if pursuing separate or combined actions is more beneficial.
Would you like more guidance on how to address potential overlap in your legal strategy?
so I could just let my attorney handle the two cases and just not fight , not appeal and sue for damages. Right?
Yes, you could focus on suing for damages and let your attorney manage the two cases. Here are a few things to keep in mind:
- Legal Strategy: Discuss with your attorney the best approach to handle the cases and pursue damages.
- Documentation: Ensure all evidence is well-documented for both cases.
- Settlement: Consider potential settlement options to avoid prolonged litigation.
Would you like more details on strategies for suing for damages?
To clarify i can sue for damages rather than return of my property. Isa this right?
Yes, you can sue for damages instead of seeking the return of your property. In Massachusetts, you have the option to pursue monetary compensation for your financial losses due to wrongful foreclosure, fraud, or other legal violations.
Would you like more information on how to quantify your damages or proceed with the lawsuit?
Next question with the petition and or notice of claim can I seek against the city or state for a wrongful asset forfeture?
You can file a notice of claim or petition against the city or state for wrongful asset forfeiture. Here are some steps to consider:
- Notice of Claim: File a notice of claim with the relevant government entity, typically required within a specific timeframe (usually *-90 days).
- Claims under Massachusetts Law: Massachusetts General Laws Chapter * (Massachusetts Tort Claims Act) may apply.
- Legal Representation: Consult with an attorney specializing in asset forfeiture for guidance.
Would you like more details on filing the notice of claim or assistance in finding legal representation?
Thats not might question. Can I seek damages instaed of the retuen of the property fron the state and or sity only, and not the other defendants?
Yes, you can seek damages instead of the return of the property from the state or city only, and not the other defendants. In Massachusetts, you have the option to pursue monetary compensation for wrongful asset forfeiture.
Would you like more information on how to quantify your damages or proceed with filing the claim?
if i didi this an was awrded damages could that impact my recovery damages from the defendant private lender?
Yes, being awarded damages from the state or city could impact your recovery from the private lender. Courts typically aim to prevent double recovery for the same loss. You may need to disclose any awarded damages in your case against the private lender.
Would you like more guidance on how to handle potential overlapping recoveries?
Ok. Next question would being awarded damages against the attorney who aided and abetted impact my recovery from the private lenders? I think so.
Yes, being awarded damages against the attorney who aided and abetted could impact your recovery from the private lenders. Courts aim to avoid double recovery for the same loss, so any compensation received from one party may affect the amount you can recover from another.
Would you like more details on handling overlapping recoveries or strategies for your case?
what are the advantages to keeping the appeal? Just to keep the pressure on or maybe i need to drop the appeal?
Keeping the appeal has several advantages:
- Leverage: It can provide leverage in settlement negotiations with the defendants.
- Legal Precedent: An appellate decision in your favor could set a helpful legal precedent.
- Case Strengthening: It may uncover additional evidence or legal arguments to strengthen your case.
Would you like more information on the potential benefits or drawbacks of continuing the appeal?
so i dont ask them to undue the foreclsoure instead i sk them to remand the case as this would allow time for my other cases in higher courts to ajudicate the cases or can i ask the appeals court to "move" the case. Its not called transfer because state courts can not transfer to federal courts,
To seek a remand, you can request the appeals court to send the case back to the lower court for reconsideration, particularly if you need time for other cases in higher courts to be adjudicated. Here’s a brief outline:
- Remand Request: Ask the appeals court to remand the case to the lower court to allow for adjudication of related cases.
- Stay Request: Alternatively, request a stay to pause proceedings until the higher courts resolve the related cases.
Would you like more details on how to request a remand or stay?
I like the stay request. That is what we will do. Right now i am waiting for the appeal court to answere my motion for clarification.
It's great that you're considering a stay request. It can help manage the timing and coordination of your multiple legal battles. While you're waiting for the appeal court's response, make sure to:
- Gather all necessary documentation for your stay request.
- Communicate clearly with your attorney about your strategy and goals.
Would you like more information on preparing for the stay request?