He can't take Aaron's house. ... Maybe put a lien on it, but even MN has protections for homeowners who have creditors. It's the same reason the Goldman's got jackshit from OJ in the civil case.
I know Nick is probably full of bluster but the mere idea that he is even considering putting putting a lien on Aaron's home is repugnant.
Just so everyone's absolutely clear on this,
not only does Minnesota's more than adequate exemption of up to
$510,000 of equity in the homestead protect it from
Kayla Nick taking it away by
"seizure or sale," but just as importantly Minnesota is
not one of the states where
Kayla Nick might at least encumber the property with an otherwise dormant judgment lien that might need to be paid off at some later date, and instead Minnesota is one of the states where the mere fact of persistent homestead status
prevents any judgment lien from even attaching to the property at all:
Oxborough v. St. Martin, 170 N.W. 707, 708 (Minn. 1919)
Eustice v. Jewison, 413 N.W.2d 114, 120 (Minn. 1987)
NationsBanc Mortgage Corp. v. Sec. Bank & Trust, 600 N.W.2d 481, 483 (Minn. App. 1999), review denied (Minn. Dec. 14, 1999)
At a minimum this means that Aaron would be free to stay at the home indefinitely until the day he dies and leave its equity in his heirs' hands completely unaffected by the judgment if he so chooses, and between now and then he would also be free to refinance at his leisure or even utilize available equity with junior mortgages, HELOCs, or even
statutory liens for attorney fees to use as a war chest for further defense in civil litigation, all of which would be senior to any inchoate possibility of a future judgment lien that cannot attach while he continues to live there. Even in the unlikely event that he couldn't find a title insurer willing to base a lender's policy on that conclusion due to some vague perceived "cloud" on title, a simple declaratory action as to the timeframe of his homestead status would be more than enough to clear that up and keep that avenue to liquidity open, free and clear of whatever worthless judgment
Kayla Nick obtains at
Pyrrhic Celeste's expense. Assuming Aaron hasn't already refinanced since the
$148K mortgage origination in June 2019 according to the public eCRV, assuming an interest rate in the rough ballpark of the
3.82% average at the time, and assuming that ample appreciation since that purchase doesn't get eviscerated by a 2008-tier market crash, the war chest that could be brought to bear is not insignificant:
[L]
[L]
For the first time ever I'd even give Crackets some benefit of the doubt and assume that he already
knows the homestead can be neither taken nor even encumbered, in part because even any drunken retard with even a remarkably short-lived small-town general practice should have at least tangentially encountered these issues at one point or another, but moreover because it has only been dabbleniggers ever seriously talking about the house being in real jeopardy, whereas Nick has (IIRC) only been playing his usual Janus-word games along the lines of "well he does have a house[, teehee]" or the like. That way he can have it both ways by throwing chum in the water for the dabbleniggers he is so desperate to impress in an attempt to
stay feel relevant, while also preserving the chance to back into another trademark "I never said
that" moment and admit that he wasn't
technically referring to the judgment itself taking or encumbering the homestead. Instead, surely what he
really meant is a different plan: use the judgment to go after other non-exempt assets (of which there presumably are none) and more importantly go after exposed sources of
income aggressively enough that Aaron would become hard-pressed to stay current on his mortgage(s), leading to a mortgage foreclosure that Nick could take credit for having caused in a roundabout way.
If that's the idea, he's in for another rude awakening since Aaron has more than enough equity to sell the house before the foreclosure reaches any irreversible final stage and then use all of the net proceeds to go buy something more austere anytime within the following year, with
both the sale proceeds in his bank account and the replacement homestead completely untouched by the judgment:
[L]
Neumaier v. Vincent, 43 N.W. 376 (Minn. 1889)
Surely Nick, as an
experienced Minnesota attorney unlicensed tweeter and YouTube comment poster, would know all of the above, and would never succumb to the pressure to deceptively feed dabbleniggers' insane fantasies about Aaron living in a cardboard box any time now, because he dare not risk their pack-trolling gunsights turning to him when they realize that he's been making promises he can't keep. Nor would his sales pitch begging Celeste to fund all this lawfare ever have been anything less than scrupulously honest about what an unenforceable dead letter it would ultimately obtain. Lying to Internet people is one thing, but to
her?
"I NEVER SAID THAT!"
