Massachusetts Appeals Lawyer
Comprehensive & Informative Legal Counsel
If you are unhappy with the decision of the court regarding your civil case, you can apply for a legal appeal, in which you advocate for your reasons behind requesting this change from the initial decision. With the help of a strong-minded and experienced Massachusetts civil appeals lawyer such as ours at The Law Office of Glenn F. Russell, Jr. you will have a dedicated guide throughout this undoubtedly complicated legal process to ensure your appeal has the best possible chance of going through.
Civil appeals are filed with the appellate court, which is a higher court of law where cases are reviewed. The court decides whether these cases should be left intact or reversed, though not through findings done with a new trial. It simply reviews information and evidence from the original case and settles upon a final decision.
Filing an Appeal
It takes quite a bit to have a decision reversed or changed. The first factor which must be present is whether or not a legal mistake was made during the lower court trial. If so, it must be determined whether the mistake significantly changed the outcome of the final judgement in any way. If the answer to these questions is yes, the appellate court may consider reversing the original decision.
Filing an appeal can be quite complex for someone who is not familiar or well-versed with the inner workings of the law. There are strict deadlines and specific applications to be submitted, and making even the slightest error can result in your appeal being thrown out. Extensions may be granted in certain situations, but there are certain limits and standards in which the court just won't budge.
There also lies the main obstacle of not knowing whether your appeal stands a chance in the appellate court. This is why you will need to enlist in the help of our thorough and results-driven Massachusetts appeals lawyers. We will inform you whether or not your appeal has a reasonable chance of survival.
An appeal is quite difficult to obtain, as it is essentially one judge determining that another judge made a mistake so noteworthy it impacted the entirety of a case. As you can imagine, these are not given out casually and you will need our help in order to increase your chances of success as much as possible.
Contact our Massachusetts Appeals Lawyers today!
At The Law Office of Glenn F. Russell, Jr. we are dedicated to fighting for justice on our client's behalf, and this has been our priority since we began practicing law, over a decade ago. Your success and satisfaction are our number one priorities, and we will work tirelessly to ensure you obtain the outcome you deserve.
Our extensive experience and knowledge of the appellate courts will be your greatest allies during this entire process. To schedule an initial consultation with our team, call us at (888) 400-9318.
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Our FAQ
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Do I really need a foreclosure lawyer?Absolutely. Should you need foreclosure defense counsel, only an experienced attorney can determine which course of action is best for you. Whereas predatory scam artists try to prey on your financial vulnerability, a skilled foreclosure defense attorney genuinely can look out for the best interest of you and your family. Legal advice must be practical and efficient in order to be effective, so if you need strong legal guidance, trust that The Law Office of Glenn F. Russell, Jr. can offer the counsel needed to successfully navigate the complicated legalities of foreclosure or bankruptcy.
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Third parties are offering to help my foreclosure process. How do I know who to trust?
Perhaps one of the greatest obstacles individuals encounter during the foreclosure process is learning who to trust and who to avoid. Due to the nature of the foreclosure process, descriptions of any homes being foreclosed may be published and accessible as public information. It is a sad truth that there are fraudulent companies that prey on public lists of foreclosing homes and attempt to take advantage of a people's financial vulnerability.
You may be contacted by mortgage brokers, mortgage negotiators, or mortgage holders. You may also be contacted by a Massachusetts bankruptcy attorney or a private financier who offers to help you sort out your finances. These parties may be dependable sources of legal and helpful advice during your foreclosure.
Unfortunately, there are frauds and scam artists who will try to take your home or your money without providing any sort of service. A general word of advice we give to clients to follow is: If a deal sounds too good to be true, it probably is. Avoid scams with the help of a qualified attorney from our firm!
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What happens at a foreclosure sale?
It doesn't happen all the time, but if you have exhausted all of your legal alternatives and feel as though a foreclosure or short sale is the last resort, you need to know what to expect.
No foreclosure sale is exactly the same, but for the most part, the foreclosure sale process typically involves the following:
- Lenders must first send a notice of a foreclosure to the homeowner. The notice must be sent at least 14 days prior to the foreclosure sale date.
- A foreclosure sale will take place at the date, time, and place specified in the foreclosure notice.
- The foreclosure sale will be conducted by a licensed auctioneer. The auctioneer will read various legal notices, descriptions, and documents pertaining to the property.
- The auctioneer will take bids on the property, take deposit checks, and accept the highest bid to close the foreclosure property sale.
- Parties - including the mortgagor, the purchaser, and the auctioneer - will draft a foreclosure deed, which must be recorded and filed at the Registry of Deeds.
- A grace period - typically 30 days - will be given to allow the purchaser to line up financing.
- A closing will take place, and the new owner will formally take title to the foreclosed property.
All monies paid by the new purchaser will go toward paying real estate taxes, owed mortgages, and payments to creditors or other debts owed on the property. If no one at the foreclosure sale is able to bid a high enough amount to cover the debt of the property, then the balanced owed - called a deficiency - would then be the liability of the old owner.