- Joined
- Oct 25, 2024
A similar possibility to consider is that the foreclosure is a desired means of sweeping the title clear of any present or potential future threats from myriad creditors, which is not to give credit to Nick for any 4D chess and is instead looking at it from the perspective of any actually practicing lawyers that Bob and Celeste might consult with to try and get a handle on this mess.
For example in the context of elderly homeowners' estate planning looking for an end-run around the state's upcoming attachment of gigantic liens on the homestead to secure repayment of any medicare/medicaid funds about to be spent on nursing home care, it's a common tactic for attorneys to recommend a strategic default on the first mortgage to induce a foreclosure on purpose, arrange for a friend or relative to place the highest bid at the sheriff's sale, and arrange for the homeowners to forbear from redemption in exchange for being able to remain in the home after title vests in the bidder. Because this arrangement acquires title directly from the bank's position without any actual conveyance from the homeowners, it doesn't run the risk of being undone as a "sham" transaction using uniform fraudulent transfer statutes or medicare/medicaid look-back periods or the like.
Similarly, in the case of a younger homeowner like Nick who has nothing to fear as far as medicare/medicaid liens but who very well may have reason to worry about as-yet-nonpublic IRS/MNDOR delinquencies that could be the subject of lien imposition in the near future, or worry about Monty's eventual trial giving rise to judgment collections in 2026, or worry about any past-due Randazza bills being liquidated to judgment as early as 2025, or worry about getting divorce-raped by Kayla, or worry about any incurable defects in the structuring of the Robert Lord trust leaving it exposed to all of the above and/or an eventual bankruptcy trustee, for any or all of those reasons it would be a sound strategy to provoke a foreclosure on purpose and ensure that "TotallyNotCeleste Property Holdings VIII, LLC" shows up in February to place the highest bid and keep the property in the family free and clear of Nick's fuckups once and for all.
The one and only wildcard would be Kayla, because if she is one of the targets being fucked over (or perhaps the sole target being fucked over) by such a plan, then as a co-trustee of the trust, and/or as the mother of five of the trust's beneficiaries, she would be in a position to have her attorney petition the court to compel immediate listing and sale of the property during the six-month redemption period, as it would be in the best interests of the trust beneficiaries to extract as much net proceeds as possible from the remaining equity in the property as any reasonable fiduciary is supposed to do, irrespective of whether the high bidder happened to be an ostensibly "friendly" relative. But that would suppose that Kayla would not be the easily gaslit benzo'd-out doormat we've all come to know, so don't hold your breath.
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