Fraudulent Property Transfer Case

You can say: "There are three people in my household, including one son who is my patient caregiver and another son who works."
Regarding your indigent status, your working son's income may be considered when assessing household income, which could affect your eligibility for certain assistance programs.
Is there anything else you need help with?

Yes, your son's income might affect your eligibility for legal assistance programs. Typically, these programs consider total household income. However, you should still apply and explain your situation, as some programs may have special provisions for seniors and individuals with disabilities.
Would you like more information on how to apply for these programs?

You can apply for legal assistance programs by contacting the following agencies:


Explain your situation, including your household composition and your need for legal assistance due to mortgage fraud and related issues. They can guide you through the application process and assess your eligibility.
Would you like help with drafting any documents or more information on the application process?

You should file the police report now rather than waiting. It's important to have the police involved as soon as possible, especially if you have strong evidence. This can also support your civil cases and potentially expedite the legal process.
Do you need more details on how to present your evidence to the police?

In Massachusetts, you can file a police report online for certain types of incidents. However, for complex cases like yours involving mortgage fraud and conspiracy, it's best to file the report in person. Bring all your evidence and documents to support your claims.
Would you like guidance on how to organize and present your evidence when you go to the police station?

Here's how you can organize and present your evidence:
*. Chronological Order: Arrange documents by date to show a timeline of events.
*. Key Evidence:
- Testimony from the lender acknowledging the invalid foreclosure.
- Accounting records showing the *% interest rate.
- Invoice from your financial advisor.
*. Summary: Write a brief summary of each piece of evidence and its relevance.
*. Copies: Make copies to provide to the police.
Would you like more details on any of these steps?

You don't need to cite specific laws or case law when filing a police report. Focus on presenting the facts clearly and providing evidence. Here's a brief guide:
- Describe the Incident: Clearly explain what happened.
- Provide Evidence: Attach supporting documents.
- Detail Impact: Explain how it affected you.
- Mention Applicable Laws: Mention relevant laws briefly, if you know them.
Would you like a template for your police report?

You should mention that the judge denied your counterclaims due to a misapplication of laws. In your appeal, clearly state the grounds of fraud on the court, focusing on the fabricated deed and other fraudulent activities.
Would you like help drafting your appeal statement?

Yes, the civil docketing statement is typically the next step after filing a notice of appeal, entry form, and indigency form. Once it's filed, the appeals court will review your documentation.
Would you like assistance with completing the civil docketing statement or understanding the approval process?

Sure, we can discuss the motion for reconsideration. Here’s what to consider when preparing your motion:
- New Evidence: Clearly define what new evidence you have that was not previously available.
- Foreclosure Rescue Scam & Mortgage Fraud: Explicitly mention these terms and provide supporting evidence.
- Violation of Usury Laws: Detail the specifics of these violations.
- Dodd-Frank Act: Explain how violations of this act impact your mortgage's validity.
Would you like help drafting specific sections of your motion?

In your motion for reconsideration, new evidence should be any information that wasn't available at the time of the initial hearing and could potentially change the outcome of the case. Here’s how to structure your motion:
- Introduction: Briefly state that you are requesting a reconsideration based on new evidence.
- New Evidence:
- Foreclosure Rescue Scam: Specifically mention evidence that supports this claim.
- Mortgage Fraud: Clearly outline fraudulent activities not previously cited.
- Violation of Usury Laws: Detail how the interest rates violated these laws with supporting documents.
- Dodd-Frank Act: Explain how the violations render your mortgage void.
- Financial Advisor Deception: Mention any evidence or reports of deceptive practices by your financial advisor.
- 93A Letters and Lawsuit: Include details of your 93A letters and their impact, emphasizing any new developments since the initial ruling.
Would you like help drafting any specific sections?

Yes, the statute of limitations for unsecured debt and secured debt in Massachusetts is different:
- Unsecured Debt: Typically 6 years from the date of the last payment or acknowledgment of the debt.
- Secured Debt: Typically 20 years, often related to mortgages and liens.
Would you like more detailed information on how these statutes of limitations apply to your situation?

In Massachusetts, the statute of limitations for unsecured debt is different from secured debt:
- Unsecured Debt: 6 years from the date of the last payment or acknowledgment of debt.
- Secured Debt: Mortgages can be enforced for up to 35 years under G.L.c. *, Section *, unless otherwise specified.
The judge's interpretation of the mortgage’s enforceability is based on this statute, even if there was no date on the mortgage. However, if you believe that the mortgage is fraudulent and should be considered unsecured, your arguments might be valid.
Your line of thinking about the mortgage being fraudulent and thus unsecured could be compelling. To strengthen your case, emphasize how the fraudulent nature of the mortgage invalidates its secured status, aligning it with the shorter statute of limitations for unsecured debt collection.
Would you like help drafting arguments or further guidance on presenting this in court?

Your argument about the mortgage being fraudulent and thus potentially considered unsecured has a strong foundation. Here are some key points regarding Massachusetts debt collection laws:
- Unsecured Debt: 6 years statute of limitations (G.L.c. *, Section *).
- Secured Debt: 35 years for mortgages (G.L.c. *, Section *).
To strengthen your argument, highlight:
- The fraudulent nature of the mortgage.
- Evidence supporting the lack of proper foreclosure and usury violations.
Would you like help drafting a legal argument or more information on specific statutes?

Given the complexity and the potential fraud involved, it might be beneficial to address it on multiple fronts.
- Land Court: You can file a motion under Rule *(b) for fraud upon the court, especially if you have new evidence.
- Appeals Court: Continue your appeal and argue the misapplication of laws and the fraudulent nature of the mortgage.
Would you like help drafting the Rule *(b) motion or any specific arguments for the appeals court?

Yes, this information can assist you in your motion for reconsideration. Here are some points to include:
- Misapplication of Laws: Clearly state how the laws were misapplied in your initial case.
- Fraudulent Nature of the Mortgage: Detail the fraudulent actions by your CPA/financial advisor and broker.
- Dodd-Frank Act Violations: Explain how the lender failed to verify your ability to repay, violating the Dodd-Frank Act.
- New Evidence: Highlight any new evidence supporting your claims.
Would you like help drafting a specific section of your motion?

Yes, in Massachusetts, both mortgage brokers and mortgage lenders are required to be licensed. Here are the relevant points:
- Mortgage brokers and lenders must be licensed by the Massachusetts Division of Banks.
- Licensing ensures that they adhere to state regulations and standards.
Do you need more information on how to verify if a broker or lender is licensed?

In Massachusetts, mortgage brokers and lenders are required to be licensed. Here are some key points:
- Licensing Requirement (M.G.L. c. 255E, § *):
- All mortgage lenders and brokers must have a license issued by the Massachusetts Division of Banks.
A mortgage and note can be void rather than voidable if:
- Fraud: If the mortgage was obtained through fraudulent means.
- Lack of Consideration: If no consideration was provided for the contract.
- Illegality: If the mortgage involves illegal terms or practices.
- Incapacity: If the signer was not of legal capacity (e.g., underage, mentally incapacitated).
Would you like more details on how to proceed with your case based on these points?

Yes, if you can prove that you never received the funds stated in the note and mortgage, it strongly indicates fraudulent intent. Here’s some general information on lack of consideration:
- Lack of Consideration: A contract must involve an exchange of value (consideration). If you didn’t receive any money or benefit in return for signing the note and mortgage, this could indicate lack of consideration, making the contract void.
Would you like help drafting arguments for your motion based on these points?

It sounds like you have a strong case given the evidence of fraudulent activity and lack of consideration. Here are some points to strengthen your motion for reconsideration:
- Fraudulent Intent:
- The $*,* invoice indicating services provided.
- Divorce decree stating you were not responsible for payments.
- Evidence of the pending foreclosure and your substantial equity.
- Lack of Consideration:
- You did not receive the funds stated in the note and mortgage.
- The consideration was given to James Cronan, not you.
- Violation of Dodd-Frank Act:
- The lender failed to verify your ability to repay the loan, which is a requirement under the Dodd-Frank Act.
Would you like a template or further assistance in drafting your motion for reconsideration based on these points?

To determine whether you received consideration, it's important to understand the legal concept:
- Consideration: In contract law, consideration is something of value exchanged between parties. It can be a benefit to one party or a detriment to the other.
Given that the debt paid was James Cronan's and not yours:
- You did not receive direct consideration, as the benefit (debt payment) was for James Cronan.
- If you signed under the impression it was for your benefit but received none, it supports a claim of lack of consideration and potential fraud.
Would you like more details on how to present this in your legal filings?

Certainly! Here's a draft for your motion for reconsideration:
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COMMONWEALTH OF MASSACHUSETTS
[COUNTY]
[NAME OF COURT]
Plaintiff: L&S Realty LLC
Defendant: Karen Merritt
MOTION FOR RECONSIDERATION
Now comes the Defendant, Karen Merritt, and respectfully moves this Honorable Court to reconsider its judgment dated April 30th, *, on the grounds of new evidence, misapplication of laws, and fraudulent actions related to the mortgage and note.
*. Introduction
This motion for reconsideration is based on newly discovered evidence, significant facts that were not presented during the initial trial, and the misapplication of relevant laws. The reconsideration is also grounded in the fraudulent nature of the mortgage and associated transactions.
*. New Evidence
- Foreclosure Rescue Scam and Mortgage Fraud: New evidence demonstrates that the mortgage and note were part of a fraudulent scheme. The lender’s invoice of $*,* for services, despite the divorce decree indicating that I was not responsible for the payments, supports this claim.
- Violation of Usury Laws: The accounting records show an exorbitantinterest rate that far exceeds legal limits, constituting usury and further evidence of fraud.
- Dodd-Frank Act Violations: The lender failed to verify my ability to repay the loan, violating the Dodd-Frank Act. As my CPA and financial advisor, the broker had detailed knowledge of my financial situation, including my lack of income, yet proceeded with the loan.
*. Misapplication of Laws
- Obsolescence of Mortgage (G.L.c. *, Section *): The court applied the statute incorrectly by enforcing the mortgage for 35 years despite the lack of a date. However, precedent indicates that a reference to the note should suffice as the date.
- Debt Collection Laws (G.L.c. *, Section *-*(a)): The statute of limitations for collecting on the purported note had passed, yet this was not properly considered in the initial ruling.
*. Lack of Consideration
- No Direct Benefit: Despite signing the note and mortgage, I did not receive any funds. The payment went towards James Cronan’s debt, not mine, indicating I did not receive any consideration.
- Fraudulent Intent: The note falsely indicated that I borrowed funds,

Sure, here is the revised section from "Fraudulent Intent" onward:
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- Fraudulent Intent: The note falsely indicated that I borrowed funds, which I never received, demonstrating the lender’s intent to deceive and defraud. This lack of consideration and misrepresentation invalidates the mortgage and note.
Would you like any further assistance with this motion or any other part of your legal filings?

Certainly! Here is the revised draft from "Fraudulent Intent" onward:
---
- Fraudulent Intent: The note falsely indicated that I borrowed funds, which I never received. This misrepresentation, combined with the payment being applied to James Cronan’s debt, further substantiates the fraudulent intent of the lender.
*. Conclusion
The evidence presented clearly demonstrates the fraudulent nature of the mortgage and the misapplication of relevant laws. As such, I respectfully request that this Honorable Court reconsider its judgment dated April 30th, *, and grant the relief sought.
Respectfully submitted,
Karen Merritt
[Signature]
[Date]
---
Would you like further assistance with any other sections or additional details?

Certainly! Here’s the continuation from "Fraudulent Intent" onward:
---
Fraudulent Intent: The note falsely indicated that I borrowed funds, which I never received. This misrepresentation highlights the fraudulent intent of the lender and broker.
*. Conclusion
Based on the new evidence, the misapplication of laws, and the clear fraudulent nature of the transactions, I respectfully request that the court reconsider its judgment dated April 30th, *.
Respectfully submitted,
Karen Merritt
[Your Contact Information]
---
Would you like any further assistance with this draft or additional sections?

---
- Fraudulent Intent: The note falsely indicated that I borrowed funds, which I never received. This misrepresentation is a clear indication of the lender's intent to deceive.
*. Conclusion
Given the new evidence, misapplication of laws, and fraudulent nature of the mortgage and associated transactions, I respectfully request that the court reconsider its judgment dated April 30th, *. The reconsideration should address the fraudulent actions, lack of consideration, and violations of relevant laws, including the Dodd-Frank Act.
Respectfully submitted,
Karen Merritt
Date: [Insert Date]
---
Would you like any further assistance with this draft or have additional questions?

Sure! Here is the continuation from "Fraudulent Intent" onward:
---
- Fraudulent Intent: The note falsely indicated that I borrowed funds, which I never received. This misrepresentation reveals the lender's intent to defraud.
*. Conclusion
Based on the newly discovered evidence, the misapplication of laws, and the fraudulent nature of the mortgage and associated transactions, I respectfully request that this Honorable Court reconsider its judgment dated April 30th, *.
Respectfully submitted,
Karen Merritt
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Would you like further assistance with any other sections or additional details for your motion?