[Dec 15 2019] Foreclosure Saga - http://civilinquiry.jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=FBTCV196091825S

[Balr0g]

The only thing better than that would be if he got convicted of committing bankruptcy fraud and therefore legally documented as being a dickhead who took the money he owed and wasted it on wrestling jpegs.

That is one thing that I am curious about: could a lawsuit (as unrealistic as that sounds at this point because imho Midfirst has already won several times) and possible investigations into Phil's finances (not the kind of Nancy investigation) turn his bankruptcy null and void? If they go deep into his finances and see how he handles his current windfall (make no mistake what he gets right now is a windfall) they might think "huh. This asshole makes so much money but doesn't want to pay his old mortage? And even said 'Fuck you I am not paying?' Let's reopen this case"

As I said this is very very unlikely but could it be possible?

 

[DZoomer]

That is one thing that I am curious about: could a lawsuit (as unrealistic as that sounds at this point because imho Midfirst has already won several times) and possible investigations into Phil's finances (not the kind of Nancy investigation) turn his bankruptcy null and void? If they go deep into his finances and see how he handles his current windfall (make no mistake what he gets right now is a windfall) they might think "huh. This asshole makes so much money but doesn't want to pay his old mortage? And even said 'Fuck you I am not paying?' Let's reopen this case"

As I said this is very very unlikely but could it be possible?

No.

Phil's a nobody and only us autists want to see him get his comeuppance.

No one in Midfirst has a vendetta against Phil. I find it highly unlikely that they'll even pursue a deficiency judgment, and pretty much impossible that they'd look into his bankruptcy.

These are pennies to them.

 

[DiabeticSP]

An easy $30k is an easy $30k.

Its not like they don't have fleets of pencil pushers to handle this stuff.

The real question is $30k enough to flag Phil on a spreadsheet for 'file the extra paperwork' or not. If they don't pursue under, say, $50k they won't bother.

But $30k is a number that gets noticed by companies at the local level for sure.

So its mostly a matter of how much effort it is to strict forclosure vs not deal with the guy who hasn't opposed a single motion so far.

 

[BallBuster]

That is one thing that I am curious about: could a lawsuit (as unrealistic as that sounds at this point because imho Midfirst has already won several times) and possible investigations into Phil's finances (not the kind of Nancy investigation) turn his bankruptcy null and void? If they go deep into his finances and see how he handles his current windfall (make no mistake what he gets right now is a windfall) they might think "huh. This asshole makes so much money but doesn't want to pay his old mortage? And even said 'Fuck you I am not paying?' Let's reopen this case"

As I said this is very very unlikely but could it be possible?

Technically yes. His case could get reopened and if he were to be investigated properly, there is no way he can prove his business expenses, plus all the money going out to Scopely would easily be traced showing that he is essentially gambling 3/4 of his 6 figure salary, therefore making his bankruptcy void, and putting him back on the hook for everything.

He would also be in legal trouble for lying to the court but I can't speak to what that would be punishment wise.

This is all super optimistic, but all it takes is one curious mind to reopen and start looking into things.

 

[TankMelee]

That is one thing that I am curious about: could a lawsuit (as unrealistic as that sounds at this point because imho Midfirst has already won several times) and possible investigations into Phil's finances (not the kind of Nancy investigation) turn his bankruptcy null and void? If they go deep into his finances and see how he handles his current windfall (make no mistake what he gets right now is a windfall) they might think "huh. This asshole makes so much money but doesn't want to pay his old mortage? And even said 'Fuck you I am not paying?' Let's reopen this case"

As I said this is very very unlikely but could it be possible?

IIRC the bankruptcy could be nullified for up to a year after it was granted.

 

[Joshuan Moon]

Dsp has failed to respond at every step of the process for the foreclosure. My question is what happens if Midfirst makes an argument to the court that the defienciecny isn't covered by the bankruptcy and DSP doesn't do anything to oppose it?

If the argument is weak but valid on its face, is the court likely to grant them permission to collect since there was no argument made in opposition?

As far as I know the judge isn't going to do the legal work to dispute a one sided argument and since this involves an out of state bankruptcy he might not want to make assumptions about things that haven't been argued.

Ultimately I think they will just go after any fees they can get. Maybe they can try to collect for damage to the building because we all know it will have significant damage from being abused and then abandoned for years.

 

[Gramh]

Dsp has failed to respond at every step of the process for the foreclosure. My question is what happens if Midfirst makes an argument to the court that the defienciecny isn't covered by the bankruptcy and DSP doesn't do anything to oppose it?

If the argument is weak but valid on its face, is the court likely to grant them permission to collect since there was no argument made in opposition?

As far as I know the judge isn't going to do the legal work to dispute a one sided argument and since this involves an out of state bankruptcy he might not want to make assumptions about things that haven't been argued.

Ultimately I think they will just go after any fees they can get. Maybe they can try to collect for damage to the building because we all know it will have significant damage from being abused and then abandoned for years.

If DSP doesn't defend any of the filings they will just be automatic judgements in favor so long as they have any legal standing to make the claim and that is all the judge would look at. Seeing as how DSP hasn't done anything to impede the progress MidFirst has made so far, and DSP being unlikely to make a court appearance himself or send a lawyer, and institutions like MidFirst have a legal team on retainer at all times precisely to fill out this kind of low effort foreclosure paperwork with the courts you'll see them at least make a lazy attempt to get whatever money they can legally wring out of DSP.

 

[Joshuan Moon]

If DSP doesn't defend any of the filings they will just be automatic judgements in favor so long as they have any legal standing to make the claim and that is all the judge would look at. Seeing as how DSP hasn't done anything to impede the progress MidFirst has made so far, and DSP being unlikely to make a court appearance himself or send a lawyer, and institutions like MidFirst have a legal team on retainer at all times precisely to fill out this kind of low effort foreclosure paperwork with the courts you'll see them at least make a lazy attempt to get whatever money they can legally wring out of DSP.

So the question is if Midfirst does make a low effort motion to collect on the defienciecny will Phil actually hire a lawyer to counter it? Or will he continue to ignore it until the default judgment is made and then hire a lawyer for even more billable hours to try and get the default reversed?

I can totally see him continuing to do nothing and calling everyone trying to warn him, "stupid fucking mohrans" as the court grants default judgment against him and he has to try and reverse the ruling after the fact. Or is that him giving them permission to collect on him and he'll let it be and pay up?

 

[Gramh]

Well the rub on that is the cost of a lawyer to put in the time for DSP over a distance (those billable hours are gonna be intense to get him out of this and DSP isn't the type to do his homework and find a specialist so expect mediocre understanding of CT foreclosure law and the paralegal hours spent digging into the particulars on that) vs. the default judgement cost of ~$15k or so and DSP's life trajectory of rolling over if he's on the hook for a responsibility and you kinda have your answer there.

Also I'm not entirely sure about the details if he can challenge a default ruling after the fact when he is legally given all the notification of what's at stake up front on whether to pursue legal action on his end or not (think going to a restaurant and ordering the steak and then after you're done eating fighting the bill because you didn't think they 'd actually expect you to pay it).

The thing hanging in the air here is how all the language of DSP's granted bankruptcy vs. the foreclosure fine prints on deficiency mesh together and I'm sure MidFirst or the judge will have more to say about that then I would.

 

[TankMelee]

So the question is if Midfirst does make a low effort motion to collect on the defienciecny will Phil actually hire a lawyer to counter it? Or will he continue to ignore it until the default judgment is made and then hire a lawyer for even more billable hours to try and get the default reversed?

Well, the motion for judgment is next week, so he's already out of time unless he can find somebody to take his case the day of.

Midfirst asked the court for a deficiency judgment before the bankruptcy. The CT court has an affidavit that he filed for bankruptcy but not that it was granted, and he has no advocate to argue that this negates the debt. Would Midfirst just drop the claim out of charity, if they even know? Would the judge look up his case to see if it was granted (lol)?

All we can do is wait and watch DSP's meltdown, whether he's on the hook for 3k or 35k.

 

[King of Not Playing Games]

MidFirst needs to both 1) determine that chasing down the debt is worth their time (which they probably deem unlikely due to DSP being bankrupt) and 2) argue, successfully that the deficiency isn't covered by the bankruptcy (no idea if there's any kind of legal precedent for this).

There's too much in the way in order for this to affect DSP negatively.

 

[Joshuan Moon]

MidFirst needs to both 1) determine that chasing down the debt is worth their time (which they probably deem unlikely due to DSP being bankrupt) and 2) argue, successfully that the deficiency isn't covered by the bankruptcy (no idea if there's any kind of legal precedent for this).

There's too much in the way in order for this to affect DSP negatively.

1) would a lien be low effort enough to just do and move on? DSP will never sell by choice but lol if he defaults on that condo payment and gets foreclosed on twice because the whales aren't stepping up enough. A lien against his condo might actually end up paying out.

2) This foreclosure court is running like one of DSP's streams where it's one sided and there's no opportunity to counter anything said. "Successful" could be as simple as lawyering some weak BS argument followed by "sounds good?" and the judge saying "alright. Sounds good to me".

I truly wonder if there really is as much in the way as it might seem? No matter what we either get smug "I told you so" Phil or angry squeeling Piggy Phil. It'll all make good content.

 

[Gramh]

MidFirst needs to both 1) determine that chasing down the debt is worth their time (which they probably deem unlikely due to DSP being bankrupt) and 2) argue, successfully that the deficiency isn't covered by the bankruptcy (no idea if there's any kind of legal precedent for this).

There's too much in the way in order for this to affect DSP negatively.

Well the fun part about at least getting the ruling for the deficiency if it isn't cleared by the bankruptcy is that they will definitely put the debt on DSP's shoulders because they've already put in the court time for the debt in the first place. What stops most small claims debt from being pursued beyond getting sent to a debt collector is that the court costs to get the government involved in putting in the time and effort to make sure you pay your $400 doctor bill exceed the debt being collected and is worth no time and effort. This property is a much higher monetary value and the paltry sum of $3k to go after $20k is a net win for MidFirst. Think of foreclosure like the debt collector taking the person who's debt they owe to small claims court.

Quick Edit for Joshua Moon: Yeah, court gets really streamlined if you don't show up to defend yourself because of how burden of proof works. All a judge needs to see is some or any evidence that you are on the hook for a thing, check that against legal precedent and how the wording of the law acts, and he doesn't have any contrary points to take and is strongarmed to make a ruling on it from what facts he has infront of him.

 

[Prince Lotor]

After reading this it seems like the reason to pursue a 'strict foreclosure' in Connecticut is so that you can go after the borrower for a deficiency before you sell the property.

So in a strict foreclosure the deficiency is the property's fair market value at the time the court transfers ownership instead of whatever the outstanding amount on the loan is at the time of sale. So MidFrst can lock in the deficiency amount and then hold on to the property if they think it will increase in value enough to make it worth waiting.

Strict Foreclosures

In Vermont and Connecticut, a lender sometimes can take title to a home directly rather than going through a judicial or non-judicial foreclosure.

www.justia.com

 

[AnOminous]

IIRC the bankruptcy could be nullified for up to a year after it was granted.

If it's for normal reasons, the date is one year after the discharge is granted, but if it is for fraud, it is one year after the case is closed. In this case, the discharge was granted May 6, 2020. I'm not sure if it only becomes effective when it's sent out, or when it's received by the creditors, but in any event, the order was mailed out May 9, 2020. The case was actually closed July 16, 2020. So the deadline is either May 6, 2021, May 9, 2021, or some date immediately after for normal reasons, and July 16, 2021 for fraud. Unless the fact that 2020 was a leap year somehow affects that.

I'm pretty sure the general rule is if the term is specified in days, then February 29 is counted, but if it is simply "one year," then the leap day is ignored.

 

[King of Not Playing Games]

MidFirst needs to both 1) determine that chasing down the debt is worth their time (which they probably deem unlikely due to DSP being bankrupt) and 2) argue, successfully that the deficiency isn't covered by the bankruptcy (no idea if there's any kind of legal precedent for this).

There's too much in the way in order for this to affect DSP negatively.

I just realized this is wrong. MidFirst already did ask the bankruptcy court for a relief from stay, which was granted (Entry 107.0 on the docket). This permits them to take collection actions against Phil that would otherwise have been prohibited on account of the discharged debt.

EDIT: Which I assume includes asking for their fucking money.

 

[The Clown Dimension]

Looks like there's going to be a remote hearing on 5/26 at 3pm EST. I think Phil's strategy will be the usual; ignore it and hope it goes away.

EDIT: Figured I'd add the time for the short calendar as well

 

[DarkSoulsPhil]

How long until his chat is spamming the date?

 

[tzgnilki]

Looks like there's going to be a remote hearing on 5/26 at 3pm EST. I think Phil's strategy will be the usual; ignore it and hope it goes away.

EDIT: Figured I'd add the time for the short calendar as well

hope we can watch a criminal illegally re-stream it

 

[Martys_not_smarty]

hope we can watch a criminal illegally re-stream it

It'll be fun to speculate what'll go down but I'm highly doubting he'll be attending it's going to be the lawyers for the condo association doing the defense.