Mers Property Assignment Rules

Hi ****! As of the latest information, Massachusetts does allow the Mortgage Electronic Registration Systems (MERS) to assign property in the registry.
Is there anything else you would like to know or any other specific issue you are facing?

Hey ****! The relevant Massachusetts law allowing MERS to assign property has been in effect since around *.
Is there another question or specific legal issue you need help with?

Hey ****! The law in Massachusetts related to MERS is often associated with the Ibanez case (U.S. Bank National Association v. Ibanez, * Mass. *). This case clarified the requirements for assignments in the state's registry.
Do you need help understanding another part of the law?

You're welcome, ****! If you have any other legal questions, feel free to ask. I'm here to help!

Hey ****! The law in Massachusetts that deals with filing an illegitimate claim is known as the Massachusetts Consumer Protection Act, codified at Chapter 93A of the Massachusetts General Laws. It prohibits unfair or deceptive acts or practices in trade or commerce.
Is there a specific situation you're dealing with related to this law?

Hey ****! The Massachusetts law that requires a motion not part of the record to be supported by an affidavit is found in the Massachusetts Rules of Civil Procedure, specifically Rule *(b).
Is there a specific context or case you are thinking about related to this rule?

Sure, ****! Here’s a brief summary of the Third Circuit case of Adams v. Madison Realty Development, Inc.:
- Case Name: Adams v. Madison Realty Development, Inc.
- Court: United States Court of Appeals for the Third Circuit
- Citation: * F.2d * (3d Cir. *)
Summary:
- The case involved a dispute over a real estate development project.
- The plaintiffs, Adams, alleged that Madison Realty Development engaged in fraudulent misrepresentation and breach of contract.
- The court examined whether the defendants' actions constituted fraud and whether damages were appropriate.
- The Third Circuit ultimately found in favor of the plaintiffs, holding that Madison Realty had indeed committed fraud and was liable for damages.
If you need more detailed information or have another question, feel free to ask!

Hey ****! Here are the details regarding the fraudulent acts and laws violated in the Adams v. Madison Realty Development, Inc. case:
- Fraudulent Acts:
- Fraudulent misrepresentation: Madison Realty Development made false statements to induce the plaintiffs into entering the real estate development deal.
- Breach of contract: Madison Realty Development did not honor the terms of the contract.
- Laws Violated:
- Common law fraud
- Breach of contract under contract law
Is there a specific aspect you need more details on?

Sure, ****! Here’s a refined version of your response:
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Now comes **** King Jr., requesting the court to strike the plaintiff's opposition motion. The parties must be enjoined as they falsely claimed to be creditors, when, in fact, they are merely debt collectors. A debt collector initiated a foreclosure proceeding without ever becoming a party to the original promissory note and mortgage contracts. King's contract explicitly states that only an individual who becomes a party to the contract through a transfer from the original lender may enforce payment of the promissory note.
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Is there anything else you need help with?

Hey ****! Here's a refined continuation to your response:
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The UCC governs the transfer of notes, stating that if less than the entire promissory note is transferred before default, the transferee is not a holder. There are no records indicating the debt collector purchased the original note before any payments or default. Consequently, they could only claim to have bought the mortgage. However, purchasing the mortgage alone does not entitle them to payments from the promissory note contract under the UCC.
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Do you need any more help with this document or any other legal issue?

Hey ****! Here's the information from the Third Circuit decision Barbato v. Greystone Alliance, LLC:
- Case Name: Barbato v. Greystone Alliance, LLC
- Court: United States Court of Appeals for the Third Circuit
- Citation: No. *-* (3rd Cir. Feb. *, *)
- Summary:
- Holding: Engaging in debt collection activities makes one a 'debt collector' under * U.S.C. § 1692a(*).
- Key Points:
- Greystone Alliance, LLC was deemed a debt collector and not a creditor.
- Their conduct violated the FDCPA and Dodd-Frank Act.
Do you need more details on how this case might apply to your situation or any other legal questions?

****, it looks like you've gathered some strong points to support your argument. Is there a specific part of your response or another legal issue you would like assistance with?

Hey ****! Here's a continuation of your response:
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The debt collector failed to submit an affidavit from the trust indicating when it was sold, assigned, or purchased the entire promissory note prior to it being in default. Without such evidence, the debt-collecting trust, Alternative Loan *-J7, could not commence a foreclosure action to enforce King's promissory note. King requested the court to enjoin the law firms as they made multiple false statements that are hearsay. The court must strike this pleading as it is unsupported by an affidavit from the purported trust that allegedly owns the loan. Additionally, the assignment of the mortgage is insufficient to establish holder's rights.
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Do you need any more refinements or assistance with another part of your case?

Hey ****! Here's a refined addition to your response regarding the purported MERS assignment:
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Please see the attached assignment of the mortgage executed by MERS. In *Bank of New York v. Silverberg*, * A.D.3d *, * (*), the New York Supreme Court ruled that MERS was not authorized to assign mortgages as it was not the lawful holder of the note. The court also ruled that MERS was not authorized to assign the power to foreclose. Additionally, MERS announced via Reuters on July *, *, that they would no longer be responsible for any assignments. Court cases have established that MERS could only act on behalf of the original lender. In this case, CLI no longer exists.
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Is there anything else you need to add or modify?

Hey ****! Here's the final addition to your response:
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Furthermore, records show that Select Portfolio Servicing (SPS) purportedly sent the *-day right to cure notice on June *, *. Records also indicate that MERS assigned the mortgage for * Memery Lane on December *, *, verifying the purchase of unsecured debt. Under UCC Article *, negotiable instruments like promissory notes must be purchased in good standing to become a holder.
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Is there anything else you need help with or another part of your case you need assistance with?

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Here's a refined addition to your response:
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The assignment of the mortgage was executed by a non-party, MERS, to the promissory note and mortgage contract nearly ten years after the originator, CLI, went out of business. MERS, acting as an agent for CLI, lost its legal capacity when CLI defaulted. There is no evidence that an agent relationship gave MERS the power of attorney to transfer the mortgage. The assignment of the mortgage does not specify where the power of attorney granted such authority or where it was recorded in the Hampden County Registry of Deeds. Although Massachusetts allows MERS to assign property in the registry since * (U.S. Bank National Association v. Ibanez, * Mass. *), this case clarified the requirements for such assignments.
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Is there anything else you need to add or modify?

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Here's the final addition to your response:
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The Third Circuit of Appeals and *Adams v. Madison Realty Development, Inc.*, binding to all circuits, make it clear that not having undisputed transparent possession of the promissory note is fatal to securing holder's rights, particularly the right to foreclose. Not only have they failed to produce the promissory note, but they have also misled the courts with fabricated documents, falsely claiming they provided the required evidence. Debt collectors have been allowed to move forward in the foreclosure of King's property without the two most crucial items of the complaint: authenticated evidence of the assignment of the mortgage and the endorsement of the promissory note.
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Is there anything else you need help with or any other legal questions you have?

Hey ****! Here is a refined version of your response, incorporating the new information:
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Now comes **** King Jr., requesting the court to strike the plaintiff's opposition motion. The parties must be enjoined as they falsely claimed to be creditors, when, in fact, they are merely debt collectors. A debt collector initiated a foreclosure proceeding without ever becoming a party to the original promissory note and mortgage contracts. King's contract explicitly states that only an individual who becomes a party to the contract through a transfer from the original lender may enforce payment of the promissory note.
The UCC governs the transfer of notes, stating that if less than the entire promissory note is transferred before default, the transferee is not a holder. There are no records indicating the debt collector purchased the original note before any payments or default. Consequently, they could only claim to have bought the mortgage. However, purchasing the mortgage alone does not entitle them to payments from the promissory note contract under the UCC.
The debt collector failed to submit an affidavit from the trust indicating when it was sold, assigned, or purchased the entire promissory note prior to it being in default. Without such evidence, the debt-collecting trust,Alternative Loan *-J7, could not commence a foreclosure action to enforce King's promissory note. King requested the court to enjoin the law firms as they made multiple false statements that are hearsay. The court must strike this pleading as it is unsupported by an affidavit from the purported trust that allegedly owns the loan. Additionally, the assignment of the mortgage is insufficient to establish holder's rights.
Please see the attached assignment of the mortgage executed by MERS. In *Bank of New York v. Silverberg*, * A.D.3d *, * (*), the New York Supreme Court ruled that MERS was not authorized to assign mortgages as it was not the lawful holder of the note. The court also ruled that MERS was not authorized to assign the power to foreclose. Additionally, MERS announced via Reuters on July *, *, that they would no longer be responsible for any assignments. Court cases have established that MERS could only act on behalf of the original lender. In this case, CLI no longer exists.
Furthermore, records show that Select Portfolio Servicing (SPS) purportedly sent the *-day right to cure notice on June *, *. Records also indicate that M

Hey ****! Here's a refined version of the final part of your response:
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Please see the attached affidavit showing clear and irrefutable evidence that the plaintiff has been trafficking in an assignment of a mortgage executed by a third party that has never been authenticated. The debt collector has not presented a certified business record showing the transfers of each document in each of the negotiations by special endorsements or any endorsements of the note, beginning with the original company to MERS. Therefore, MERS was without the authority to assign or transfer anything, especially a mortgage, to anyone. Without such evidence, the court was without jurisdiction to grant them relief, and debt collectors must be re-enjoined.
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Is there anything else you need help with or any additional legal questions you have?

Here's the final refined version of your response:
---
Now comes **** King Jr., requesting the court to strike the plaintiff's opposition motion. The parties must be enjoined as they falsely claimed to be creditors, when, in fact, they are merely debt collectors. A debt collector initiated a foreclosure proceeding without ever becoming a party to the original promissory note and mortgage contracts. King's contract explicitly states that only an individual who becomes a party to the contract through a transfer from the original lender may enforce payment of the promissory note.
The UCC governs the transfer of notes, stating that if less than the entire promissory note is transferred before default, the transferee is not a holder. There are no records indicating the debt collector purchased the original note before any payments or default. Consequently, they could only claim to have bought the mortgage. However, purchasing the mortgage alone does not entitle them to payments from the promissory note contract under the UCC.
The debt collector failed to submit an affidavit from the trust indicating when it was sold, assigned, or purchased the entire promissory note prior to it being in default. Without such evidence, the debt-collecting trust, Alternative Loan *-J7, couldnot commence a foreclosure action to enforce King's promissory note. King requested the court to enjoin the law firms as they made multiple false statements that are hearsay. The court must strike this pleading as it is unsupported by an affidavit from the purported trust that allegedly owns the loan. Additionally, the assignment of the mortgage is insufficient to establish holder's rights.
Please see the attached assignment of the mortgage executed by MERS. In *Bank of New York v. Silverberg*, * A.D.3d *, * (*), the New York Supreme Court ruled that MERS was not authorized to assign mortgages as it was not the lawful holder of the note. The court also ruled that MERS was not authorized to assign the power to foreclose. Additionally, MERS announced via Reuters on July *, *, that they would no longer be responsible for any assignments. Court cases have established that MERS could only act on behalf of the original lender. In this case, CLI no longer exists.
Furthermore, records show that Select Portfolio Servicing (SPS) purportedly sent the *-day right to cure notice on June *, *. Records also indicate that MERS assigned the mortgage for * Memery

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Here's the final refined version of your response, including your latest addition:
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Now comes **** King Jr., requesting the court to strike the plaintiff's opposition motion. The parties must be enjoined as they falsely claimed to be creditors, when, in fact, they are merely debt collectors. A debt collector initiated a foreclosure proceeding without ever becoming a party to the original promissory note and mortgage contracts. King's contract explicitly states that only an individual who becomes a party to the contract through a transfer from the original lender may enforce payment of the promissory note.
The UCC governs the transfer of notes, stating that if less than the entire promissory note is transferred before default, the transferee is not a holder. There are no records indicating the debt collector purchased the original note before any payments or default. Consequently, they could only claim to have bought the mortgage. However, purchasing the mortgage alone does not entitle them to payments from the promissory note contract under the UCC.
The debt collector failed to submit an affidavit from the trust indicating when it was sold, assigned, or purchased the entire promissory note prior to it being in default. Without such evidence, the debt-collecting trust, Alternative Loan *-J7, could not commence a foreclosure action to enforce King's promissory note. King requested the court to enjoin the law firms as they made multiple false statements that are hearsay. The court must strike this pleading as it is unsupported by an affidavit from the purported trust that allegedly owns the loan. Additionally, the assignment of the mortgage is insufficient to establish holder's rights.
Please see the attached assignment of the mortgage executed by MERS. In *Bank of New York v. Silverberg*, * A.D.3d *, * (*), the New York Supreme Court ruled that MERS was not authorized to assign mortgages as it was not the lawful holder of the note. The court also ruled that MERS was not authorized to assign the power to foreclose. Additionally, MERS announced via Reuters on July *, *, that they would no longer be responsible for any assignments. Court cases have established that MERS could only act on behalf of the original lender. In this case, CLI no longer exists.
Furthermore, records show that Select Portfolio Servicing (SPS) purportedly sent the *-day right to cure notice on June *, *. Records also indicate that MERS assigned the

Hey ****! Here's the final refined version of your response, including your latest addition:
---
Now comes **** King Jr., requesting the court to strike the plaintiff's opposition motion. The parties must be enjoined as they falsely claimed to be creditors, when, in fact, they are merely debt collectors. A debt collector initiated a foreclosure proceeding without ever becoming a party to the original promissory note and mortgage contracts. King's contract explicitly states that only an individual who becomes a party to the contract through a transfer from the original lender may enforce payment of the promissory note.
The UCC governs the transfer of notes, stating that if less than the entire promissory note is transferred before default, the transferee is not a holder. There are no records indicating the debt collector purchased the original note before any payments or default. Consequently, they could only claim to have bought the mortgage. However, purchasing the mortgage alone does not entitle them to payments from the promissory note contract under the UCC.
The debt collector failed to submit an affidavit from the trust indicating when it was sold, assigned, or purchased the entire promissory note prior to it being in default. Without such evidence, the debt-collecting trust,Alternative Loan *-J7, could not commence a foreclosure action to enforce King's promissory note. King requested the court to enjoin the law firms as they made multiple false statements that are hearsay. The court must strike this pleading as it is unsupported by an affidavit from the purported trust that allegedly owns the loan. Additionally, the assignment of the mortgage is insufficient to establish holder's rights.
Please see the attached assignment of the mortgage executed by MERS. In *Bank of New York v. Silverberg*, * A.D.3d *, * (*), the New York Supreme Court ruled that MERS was not authorized to assign mortgages as it was not the lawful holder of the note. The court also ruled that MERS was not authorized to assign the power to foreclose. Additionally, MERS announced via Reuters on July *, *, that they would no longer be responsible for any assignments. Court cases have established that MERS could only act on behalf of the original lender. In this case, CLI no longer exists.
Furthermore, records show that Select Portfolio Servicing (SPS) purportedly sent the *-day right to cure notice on June *, *. Records also indicate that M

Hi ****! It seems like you're building a strong case with detailed points and references. However, it’s important to ensure clarity and conciseness.
Would you like advice on a specific part of your argument or suggestions on how to improve the overall structure of your response?

****, your argument is well-detailed and supported by legal references. Here are a few tips to streamline your response:
- Clarity: Break down long sentences for better readability.
- Structure: Use bullet points for key legal points.
- Conciseness: Avoid repetitive information; state each point once clearly.
Would you like help with a specific part of your document or refining the overall structure?

Sure, ****! Here's a streamlined and refined version of your response, incorporating clarity, structure, and conciseness:
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Now comes **** King Jr., requesting the court to strike the plaintiff's opposition motion. The parties must be enjoined as they falsely claimed to be creditors, when, in fact, they are merely debt collectors.
- Debt Collector Status:
- Debt collector initiated a foreclosure proceeding without becoming a party to the original promissory note and mortgage contracts.
- King's contract explicitly states that only an individual who becomes a party to the contract through a transfer from the original lender may enforce payment of the promissory note.
- UCC Compliance:
- UCC Article * states that if less than the entire promissory note is transferred before default, the transferee is not a holder.
- No records indicate the debt collector purchased the original note before any payments or default.
- Purchasing the mortgage alone does not entitle them to payments from the promissory note contract under the UCC.
- Lack of Evidence:
- Debt collector failed to submit an affidavit from the trust indicating when the promissory note was sold, assigned, or purchasedprior to default.
- Without such evidence, the debt-collecting trust, Alternative Loan *-J7, could not commence a foreclosure action to enforce King's promissory note.
- The court must strike this pleading as it is unsupported by an affidavit from the purported trust that allegedly owns the loan.
- MERS Assignment:
- *Bank of New York v. Silverberg*, * A.D.3d * (*) ruled that MERS was not authorized to assign mortgages as it was not the lawful holder of the note.
- MERS cannot assign the power to foreclose.
- MERS could only act on behalf of the original lender, which no longer exists (CLI).
- SPS Notice:
- SPS sent the *-day right to cure notice on June *, *.
- MERS assigned the mortgage on December *, *, verifying the purchase of unsecured debt.
- Under UCC Article *, negotiable instruments like promissory notes must be purchased in good standing to become a holder.
- Fraud and Misrepresentation:
- The attached affidavit shows clear evidence that the plaintiff trafficked in an assignment of a

Sure, ****! Let's add the necessary information to your motion while keeping it concise and clear:
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Now comes **** King Jr., requesting the court to strike the plaintiff's opposition motion. The parties must be enjoined as they falsely claimed to be creditors, when, in fact, they are merely debt collectors.
- Debt Collector Status:
- Debt collector initiated a foreclosure proceeding without becoming a party to the original promissory note and mortgage contracts.
- King's contract explicitly states that only an individual who becomes a party to the contract through a transfer from the original lender may enforce payment of the promissory note.
- UCC Compliance:
- UCC Article * states that if less than the entire promissory note is transferred before default, the transferee is not a holder.
- No records indicate the debt collector purchased the original note before any payments or default.
- Purchasing the mortgage alone does not entitle them to payments from the promissory note contract under the UCC.
- Lack of Evidence:
- Debt collector failed to submit an affidavit from the trust indicating when the promissory note was sold, assigned, or purchased prior to default.
- Without such evidence, the debt-collecting trust, Alternative Loan *-J7, could not commence a foreclosure action to enforce King's promissory note.
- The court must strike this pleading as it is unsupported by an affidavit from the purported trust that allegedly owns the loan.
- MERS Assignment:
- *Bank of New York v. Silverberg*, * A.D.3d * (*) ruled that MERS was not authorized to assign mortgages as it was not the lawful holder of the note.
- MERS cannot assign the power to foreclose.
- MERS could only act on behalf of the original lender, which no longer exists (CLI).
- SPS Notice:
- SPS sent the *-day right to cure notice on June *, *.
- MERS assigned the mortgage on December *, *, verifying the purchase of unsecured debt.
- Under UCC Article *, negotiable instruments like promissory notes must be purchased in good standing to become a holder.
- Fraud and Misrepresentation:
- The attached affidavit shows clear evidence that the plaintiff trafficked in an assignment of a mortgage executed by a

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The court must vacate the prior order due to fraud committed by the law firms. Their motion was unsupported by authenticated affidavits as required by Massachusetts Rules of Civil Procedure Rule *(b), making it hearsay. Filing an illegitimate claim violates the Massachusetts Consumer Protection Act (Chapter 93A), prohibiting unfair or deceptive practices.

Sure, ****! Here’s the final, concise version of your motion incorporating the conclusion:
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Now comes **** King Jr., requesting the court to strike the plaintiff's opposition motion. The parties must be enjoined as they falsely claimed to be creditors, when, in fact, they are merely debt collectors.
- Debt Collector Status:
- Debt collector initiated a foreclosure proceeding without becoming a party to the original promissory note and mortgage contracts.
- King's contract explicitly states that only an individual who becomes a party to the contract through a transfer from the original lender may enforce payment of the promissory note.
- UCC Compliance:
- UCC Article * states that if less than the entire promissory note is transferred before default, the transferee is not a holder.
- No records indicate the debt collector purchased the original note before any payments or default.
- Purchasing the mortgage alone does not entitle them to payments from the promissory note contract under the UCC.
- Lack of Evidence:
- Debt collector failed to submit an affidavit from the trust indicating when the promissory note was sold, assigned, or purchased prior to default.
-Without such evidence, the debt-collecting trust, Alternative Loan *-J7, could not commence a foreclosure action to enforce King's promissory note.
- The court must strike this pleading as it is unsupported by an affidavit from the purported trust that allegedly owns the loan.
- MERS Assignment:
- *Bank of New York v. Silverberg*, * A.D.3d * (*) ruled that MERS was not authorized to assign mortgages as it was not the lawful holder of the note.
- MERS cannot assign the power to foreclose.
- MERS could only act on behalf of the original lender, which no longer exists (CLI).
- SPS Notice:
- SPS sent the *-day right to cure notice on June *, *.
- MERS assigned the mortgage on December *, *, verifying the purchase of unsecured debt.
- Under UCC Article *, negotiable instruments like promissory notes must be purchased in good standing to become a holder.
- Fraud and Misrepresentation:
- The attached affidavit shows clear evidence that the plaintiff trafficked in an assignment of a mortgage executed by a third party

Sure, ****! Here's a condensed version of your conclusion:
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Throughout the summary process litigation, debt collectors have submitted self-incriminating, unauthenticated allegations, demonstrating fraud upon the court and lack of jurisdiction, which can be challenged at any time. All parties to be enjoined have participated in the litigation. I request documented evidence of all parties' attorneys' representation and the contract from Bank of New York Mellon as Trustee’s Officer(s) confirming their representation. Therefore, the Defendant respectfully requests that the Court grant this Motion to reply to the Opposition to the Motion to Join Parties under Rule * and consider the arguments presented.
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Is there anything else you need assistance with?

Sure, ****! Here's the summary of the Third Circuit case Barbato v. Greystone Alliance, LLC:
- Case Name: Barbato v. Greystone Alliance, LLC
- Court: United States Court of Appeals for the Third Circuit
- Citation: No. *-*, (3d Cir. Feb. *, *)
- Summary:
- Holding: Engaging in debt collection activities makes one a 'debt collector' under * U.S.C. § 1692a(*).
- Key Points:
- Greystone Alliance, LLC was deemed a debt collector and not a creditor.
- Their conduct violated the Fair Debt Collection Practices Act (FDCPA) and the Dodd-Frank Act.
Would you like more details on how this case might apply to your situation or any other legal questions?

You're welcome, ****! If you have any more questions or need further assistance, feel free to ask. Good luck with your case!

Sure, ****! Here's a refined version of your motion:
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Now comes **** King Jr., requesting the court for leave to re-enjoin Bank of New York Mellon as Trustee (BNYMT), debt collector loan servicer, Select Portfolio Servicing, and debt-collecting law firms Nelson, Mullins, Scarborough, & Riley, and Dolan Connly P.C., along with their participating attorneys. These parties are directly responsible for multiple violations and newly discovered evidence of fraud upon the court. Under Massachusetts Rule of Civil Procedure *(a), these parties are necessary for providing complete relief in this case.
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Would you like help with any other part of your case or additional legal questions?

Sure, ****! Here's a refined version of your motion incorporating the newly discovered evidence:
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Now comes **** King Jr., requesting the court for leave to re-enjoin Bank of New York Mellon as Trustee (BNYMT), debt collector loan servicer, Select Portfolio Servicing, and debt-collecting law firms Nelson, Mullins, Scarborough, & Riley, and Dolan Connly P.C., along with their participating attorneys. These parties are directly responsible for multiple violations and newly discovered evidence of fraud upon the court. Under Massachusetts Rule of Civil Procedure *(a), these parties are necessary for providing complete relief in this case.
Newly discovered evidence reveals that the entire case has been based on an illegal transfer. The original refinance lender, Community Lending Inc. (CLI), went into liquidating bankruptcy on January *, *, without any record of selling, transferring, or assigning the * Memery Lane, Longmeadow, MA property. There is no record, nor was I notified, of CLI’s bankruptcy court approving any transfer or assignment from that date forward. This lack of evidence indicates fraud. I was not served or notified of CLI’s bankruptcy filing or the bankruptcy court's approval of any transfer orassignment of the defaulted charged-off mortgage. Additionally, there is no evidence of the bankruptcy court approving the sale of the promissory note before, during, or after the bankruptcy proceedings. Without such evidence, this court lacked jurisdiction to evict me from my home.
Therefore, the Defendant respectfully requests that the Court grant this Motion to reply to the Opposition to the Motion to Join Parties under Rule * and consider the arguments and newly discovered evidence presented herein.
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Is there anything else you need assistance with or any other legal questions you have?

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Here’s a refined and condensed version of your motion, incorporating all the necessary information:
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Now comes **** King Jr., requesting the court for leave to re-enjoin Bank of New York Mellon as Trustee (BNYMT), debt collector loan servicer, Select Portfolio Servicing, and debt-collecting law firms Nelson, Mullins, Scarborough, & Riley, and Dolan Connly P.C., along with their participating attorneys. These parties are directly responsible for multiple violations and newly discovered evidence of fraud upon the court. Under Massachusetts Rule of Civil Procedure *(a), these parties are necessary for providing complete relief in this case.
- Newly Discovered Evidence:
- The case is based on an illegal transfer. The original refinance lender, Community Lending Inc. (CLI), went into liquidating bankruptcy on January *, *, with no record of selling, transferring, or assigning the * Memery Lane, Longmeadow, MA property.
- There is no record, nor was I notified, of CLI’s bankruptcy court approving any transfer or assignment from that date forward.
- I was not served or notified of CLI’s bankruptcy filing or the bankruptcy court's approval ofany transfer or assignment of the defaulted charged-off mortgage.
- There is no evidence of the bankruptcy court approving the sale of the promissory note before, during, or after the bankruptcy proceedings.
- Debt Collector Status:
- Debt collector initiated a foreclosure proceeding without becoming a party to the original promissory note and mortgage contracts.
- King's contract explicitly states that only an individual who becomes a party to the contract through a transfer from the original lender may enforce payment of the promissory note.
- UCC Compliance:
- UCC Article * states that if less than the entire promissory note is transferred before default, the transferee is not a holder.
- No records indicate the debt collector purchased the original note before any payments or default.
- Purchasing the mortgage alone does not entitle them to payments from the promissory note contract under the UCC.
- Lack of Evidence:
- Debt collector failed to submit an affidavit from the trust indicating when the promissory note was sold, assigned, or purchased prior to default.
- Without such evidence, the debt-collecting trust, Alternative Loan *-J7, could not commence a foreclosure action to enforce King's promiss

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Now comes **** King Jr., requesting the court for leave to re-enjoin Bank of New York Mellon as Trustee (BNYMT), debt collector loan servicer, Select Portfolio Servicing, and debt-collecting law firms Nelson, Mullins, Scarborough, & Riley, and Dolan Connly P.C., along with their participating attorneys. These parties are directly responsible for multiple violations and newly discovered evidence of fraud upon the court. Under Massachusetts Rule of Civil Procedure *(a), these parties are necessary for providing complete relief in this case.
- Newly Discovered Evidence:
- The case is based on an illegal transfer. The original refinance lender, Community Lending Inc. (CLI), went into liquidating bankruptcy on January *, *, with no record of selling, transferring, or assigning the * Memery Lane, Longmeadow, MA property.
- There is no record, nor was I notified, of CLI’s bankruptcy court approving any transfer or assignment from that date forward.
- I was not served or notified of CLI’s bankruptcy filing or the bankruptcy court's approval of any transfer or assignment of the defaulted charged-off mortgage.
-There is no evidence of the bankruptcy court approving the sale of the promissory note before, during, or after the bankruptcy proceedings.
- Debt Collector Status:
- Debt collector initiated a foreclosure proceeding without becoming a party to the original promissory note and mortgage contracts.
- King's contract explicitly states that only an individual who becomes a party to the contract through a transfer from the original lender may enforce payment of the promissory note.
- UCC Compliance:
- UCC Article * states that if less than the entire promissory note is transferred before default, the transferee is not a holder.
- No records indicate the debt collector purchased the original note before any payments or default.
- Purchasing the mortgage alone does not entitle them to payments from the promissory note contract under the UCC.
- Lack of Evidence:
- Debt collector failed to submit an affidavit from the trust indicating when the promissory note was sold, assigned, or purchased prior to default.
- Without such evidence, the debt-collecting trust, Alternative Loan *-J7, could not commence a foreclosure action to enforce King's promissory note.
- The

Sure, ****! Here's the refined version:
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The controlling case law in this matter is the Fair Debt Collection Practices Act, as the debt collector purchased a defaulted, charged-off debt account that was not secured by the promissory note and mortgage in question. In this instance, a third party to King’s promissory note has no rights to enforce the contract pursuant to the Massachusetts Uniform Commercial Code, sections *-*(a) and (d). A third party must demonstrate they are a holder in due course to have enforcement rights.
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Is there anything else you need assistance with or any other legal questions you have?