Key legal question
Whether the appellant could rely on new evidence before the Federal Court to prove that a mortgage increase was impossible.
Extracted holding
The later bank confirmation was an inadmissible novum; the appellant should have raised and proved this point already in the cantonal legal-aid proceedings.
Extracted reasoning
In constitutional complaint proceedings, new post-decision evidence is excluded. The applicant had to establish all requirements for legal aid in the cantonal request, including that the property could not be further mortgaged.