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

[Freshtodeath]

If you're an incel who hits the gravy train how do you not pay off your condo to be in clear? Its crazy.

 

[James Smith]

You can not force him to pay anything or sell anything to pay a debt.

Sure they can. If he has enough equity in the condo to exceed the homestead exemption a creditor can ask the court to compel sale. He has way more equity than the $125K homestead exemption, because effectively identical units on his city block have sold in the past six months for in excess of $175K more than what he paid for that condo. That's enough to pay the debt to the WA mortgagee and the CT mortgagee so it's a reasonable request of the court.

IF they garnish his wages they can only take 25% of his 'disposable income'.

They can only take 25% of his wage after mandatory deductions or the amount by which his weekly wages exceed 30 times the minimum wage, whichever is lower. Disposalble income is income minus mandatory deductions which do not include random debt payments. His disposable income, if his income was wages, is probably in excess of $5,000 per month. They can take 100% of his non-wage compensation regardless of his disposable income.

He does his schedule a freakin year in advance. They aren't going to go back months and years to figure out where money went.

First off he does very little of his schedule a year in advance. He reads Twitter and writes down what games are coming out "soon" in advance. That's about it. He has no budget so the idea that he does the kind of financial management you're suggesting is a little unbelievable. Second they will absolutely go back years to figure out where his money went if he has insufficient savings to reasonable satisfy his current needs. If he discloses his current assets and shows $4.50 in savings they're going to ask how he's paying his $17K income taxes each year, and when he says he isn't they're going to ask for proof of that which will begin their journey down the rabbit hole because they'll find out he did pay in 2018.

 

[Mr.PiggyOinkOinkOink]

yeah I don’t know where this idea he does a schedule a year in advance comes from...he marks new game releases on a calendar....what a big brain!

Almost every issue in Phil’s life has been decisions made due to his short sighted mindset....now we’re making theories that he’s 10 steps ahead of the government and banks? I’ll press X to doubt on that

 

[Begathon2020]

Sure they can. If he has enough equity in the condo to exceed the homestead exemption a creditor can ask the court to compel sale. He has way more equity than the $125K homestead exemption, because effectively identical units on his city block have sold in the past six months for in excess of $175K more than what he paid for that condo. That's enough to pay the debt to the WA mortgagor and the CT mortgagor so it's a reasonable request of the court.

If this is true, then I am actually more excited to see this new homelessness arc! How did kiwifarms come to the conclusion on his equity? If he is indeed compelled to sell his WA condo, would he also lose the CT place. Or would he be forced to move back to CT? Him having to live in that condo again would be an absolute dagger in the heart.

 

[James Smith]

How did kiwifarms come to the conclusion on his equity?

Equity is the value of the home minus what you owe to the lender. Even if DSP had made zero payments to the lender in WA he would have nearly $200K in equity. Since he has, I can only assume, made payments on time for the past 5 years he will have a little more still.

 

[Begathon2020]

Equity is the value of the home minus what you owe to the lender. Even if DSP had made zero payments to the lender in WA he would have nearly $200K in equity. Since he has, I can only assume, made payments on time for the past 5 years he will have a little more still.

Ok so his WAKONDO has appreciated around 200k then add the amount he has paid every month on his mortgage?

 

[Julias_Seizure]

Not if the Will was drafted with all parties present and signed upon by each. I don’t believe this is common practice but I can totally see Phil going: “okay dad, when you die I get everything. Just sign here.”

This is all wild speculation based on the notion that his parents are going to drop fat stacks on him to bail him out of his own mutually assured self destruction. Again I believe they draw the line finally tell him no.

That or I believe other family members step in and tell them to cut him off. There is no doubt in my mind his extended family knows what kind of fuck Phil is and how despite being 37 years old, is still money sucking leech attached to his parents. Aunts, uncles, nieces or nephews would no doubt see this and possibly intervene to try and get them to close their wallet.

Good point on the will i didnt know you could even do wills that way. Cant really blame his parents for helping him though even though we all know its a bad idea theyre a bit more emotionally invested than his fans and knowing phil hes gotta be laying on the guilt tripping thick.

Idk anything about his parents but unless they have a fully stocked scrooge vault and wipe their asses with hundred dollar bills i cant see them bailing him out of a fuck up of this magnitude.

Theres nothing he can do about these bugged mortgage/shameless begging mechanics no matter how many buttons he pushes dood.

 

[James Smith]

Ok so his WAKONDO has appreciated around 200k then add the amount he has paid every month on his mortgage?

He paid $265K in May of 2014. Other units in his 31-unit complex have sold for between $385K and $555K in the pas six months. If he made zero down payment and zero monthly payments his equity would be anywhere from $120K ($5K below the homestead exemption) and $290K ($165K above the homestead exemption).

He would have made a down payment of anywhere between $8K and $53K. If he made a down payment on the low extreme of that range he would still owe about $230K on a 30-year mortgage or $177K on a 15-year mortgage. If he made a down payment on the high extreme of that range he would still owe about $190 on a 30-year mortgage or $146K on a 15-year mortgage. If he made a minimal down payment his equity would be between $155K and $325K for a 30-year mortgage and between $208K and $378K on a 15-year mortgage. If he made a standard down payment his equity would be between $195K and $365K for a 30-year mortgage and between $239K and $409K on a 15-year mortage.

Equity range: $155K to $409K

Equity range in excess of homestead exemption: $30K to $284K.

I believe he has a 30-year mortage. That would put his equity between $155K and $365K ($30K to $240K in excess of homestead exemption.)

 

[HavenlyKingdom]

So...... Just to be clear, what's the best case scenario for Phil in this clusterfuck?

 

[tzgnilki]

So...... Just to be clear, what's the best case scenario for Phil in this clusterfuck?

they take his condo, sell it, and don't pursue him for the difference of what he owes, but he would still have to pay tax on that money

 

[PomegranateKing]

So I'd like to point out, if there was any question to the legitimacy of Phil's lack of funds, this pretty much solidifies it. He may or may not be overdrawing, but rolling in cash? No sir. You don't fall into debt like this if you have cash to burn.

But it does make me wonder, just how much crap has this manchild bought in his earning years? He definitely didn't donate, he never lavished his soul maids with diamonds or perfumes. Even his living conditions aren't paid off. He doesn't show any signs of former wealth.

My guess is pay to win games. We already know he was into at least a wrestling themed one ages ago. Maybe the only way he could feel like a winner was to sink thousands of dollars in mobile games? Just a thought. I'd kill for his card statements from the last decade.

 

[James Smith]

So...... Just to be clear, what's the best case scenario for Phil in this clusterfuck?

The best case scenario:

1. He contacts the lender offering to promptly sell his current condo for a huge profit and pay them what he owes in full
2. The lender agrees to suspend further litigation for a period of time reasonably necessary for him to sell
3. He sells and uses the money to pay off both condos
4. He moves into an apartment and waits for the current housing bubble to pop
5. He uses the remaining money to buy a modest home at a low price
6. He moves on with his life

The best case realistic scenario:

1. He ignores the lawsuit and loses
2. The lender obtains a judgement against him in Washington
3. The lender begins attacking his bank accounts and the payments he gets from Twitch, PayPal, YouTube, Patreon, etc
4. He becomes unable to pay his ongoing bills or unsecured (e.g. credit card and personal loan) debt
5. He declares bankruptcy under Chapter 13 to halt the lender's collection efforts
6. The court establishes a monthly payment plan for him that requires him to adhere to an extremely limited budget
7. He bitches and whines but ultimately survives
8. His payment plan ends 5 years later
9. He moves on with his life

But it does make me wonder, just how much crap has this manchild bought in his earning years?

He currently considers going out to eat 2-3 meals per week for two at $20 per person no big deal. He used to almost exclusively go out to eat. I'd guess he was spending in excess of $3K per month going out to each in his heyday.

 

[Dear Leader Pol Pot]

here are the washington laws over garnishment of wages:

EDIT: here is the entirety of garnishment laws for washington

Chapter 6.27 RCW: GARNISHMENT

and here is Connecticut's laws for the same

https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/EnforcingMoneyJudgments.pdf

 

[Forbidden Math]

But it does make me wonder, just how much crap has this manchild bought in his earning years?

Keep in mind that even to today he pretty much constantly buys new release games at full price every month. Back in the day he used to buy the "I'm exceptional" special editions that cost an absurd amount for extra crap you didn't need. It's going to be pretty funny to see him try to claim he's poor when he buys almost every new video game. "I need them for muh business" won't fly in a court of law.

 

[James Smith]

here are the washington laws over garnishment of wages:

25.60 - Garnishments and Wage Assignments

That only applies to the employees, vendors, and contractors doing business with government agencies, not employees, vendors, and contractors doing business with private parties, and

Chapter 6.27 RCW: GARNISHMENT

and here is Connecticut's laws for the same

https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/EnforcingMoneyJudgments.pdf

those do not describe the treatment of non-wage compensation. They would only apply to Kat's income which is negligible.

Non-wage garnishments are simple; "Hand over any money you currently hold on behalf of Mr. Burnell." It would be no different than me getting sued, giving all my money to a friend with the intent for him to give it to me later or when I need it, and expecting the courts to shrug and say "Nothing I could do!" These garnishments apply to everyone including friends, banks, and those who employ independent contractors.

 

[This comment matters]

They will get it wether he tells them about his accounts or not. I've worked with several guys who say "ah crap I'm getting garnished" on payday. They had no idea it was coming and they sure as shit didn't give whoever was coming for their money their account numbers.

 

[James Smith]

They will get it wether he tells them about his accounts or not. I've worked with several guys who say "ah crap I'm getting garnished" on payday. They had no idea it was coming and they sure as shit didn't give whoever was coming for their money their account numbers.

Oh definitely. They'll just subpoena Twitch, PayPal, YouTube, and Patreon to get the account numbers they are depositing into, and they'll subpoena people they know he's paying bills to monthly to get the account numbers they're withdrawing from.

 

[Dear Leader Pol Pot]

That only applies to the employees, vendors, and contractors doing business with government agencies, not employees, vendors, and contractors doing business with private parties, and

those do not describe the treatment of non-wage compensation. They would only apply to Kat's income which is negligible.

Non-wage garnishments are simple; "Hand over any money you currently hold on behalf of Mr. Burnell." It would be no different than me getting sued, giving all my money to a friend with the intent for him to give it to me later or when I need it, and expecting the courts to shrug and say "Nothing I could do!" These garnishments apply to everyone including friends, banks, and those who employ independent contractors.

It confirms everything you said previously though. With consumer debt:

Consumer Debt

Eighty (80) percent of disposable earnings or thirty-five times the state minimum hourly wage, whichever is larger, is the exempt amount. This 80 percent (or thirty-five times) must be paid to the employee. The remaining 20 percent is subject to the writ of garnishment (continuing lien).

This garnishment is based on a judgement or order for consumer debt.

 

[James Smith]

It confirms everything you said previously though. With consumer debt:

Yeah, but that'll only affect Kat's paychecks, not his earnings.

 

[Dear Leader Pol Pot]

Yeah, but that'll only affect Kat's paychecks, not his earnings.

Fair enough. I went back and edited the Washington one to include the entirety of garnishment laws. If for nothing else its a good resource to check on in the future if he tries to lie about it.