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

[Slander Man]

Is that "podcast" today? I saw no mention of it on his Twitter.

Mid january he says here https://www.youtube.com/watch?v=1PGSwvo-A0Q&t=726

Here is where he says he will be talking about stuff that has been going on in his personal life. https://www.youtube.com/watch?v=_RmetJkOnNM&t=1191

 

[James Smith]

To this day he brings up getting swatted, which in his case was more of a police wellness check. He also brings up the DDOSing, and the one time he totally didn't get a cardboard dick sent to him.

Oh no he got swatted.

On 06/24/15 at approximately 14:28 hours Valley Communications Center received a 911 generated call
from a “Black-screen” in which the caller, whom did not identify himself, stated that he had just shot and
killed his father and mother. He further claimed he had his sister tied up and held captive in a closet.
Renton Police were dispatched to the location, 17505 110th LN SE within the city of Renton, County of
King.
Due to the black-screen, which was suspect, consideration was administered that this could be a
“Swatting” call. Further investigation revealed the resident had previously reported to Renton Police that
he had received information from other gamers online that a swatting was being planned against him.
This information was also discovered by Valley Communications.
Contact was made with the residence via a patrol car PA-speaker, and the resident, Phil Burnell and his
girlfriend “Leanna Hangen” exited the residence. Phil claimed that this was a swatting and that he had
previously called to warn police that it may occur.
Phil’s residence was cleared to assure there were no victims inside the residence and to confirm the call
was indeed a swatting.
Phil and Leanna were not detained and stood outside as police cleared their residence.
Phil has no idea who is behind the call. Phil conducts business on YouTube and believes the suspect is
someone that watches his show.

 

[ZehnBoat]

that he had received information from other gamers online that a swatting was being planned against him.

for once his need to say "ALOTOVPEEPOL" is actually the right thing to say

 

[Mr.PiggyOinkOinkOink]

As fucked up as swatting someone is, the only thing I could think of at the end when they asked him who could’ve done it was a quote of dark saying “it’s tevins fault”

 

[DarkSoulsPhil]

Going a bit Theo Theory: It just dawned on me why DSP is silent and feigning ignorance about the foreclosure. He's avoiding the mail.

But furthermore, I went internet lawyer and looked into the final step, if he keeps ignoring and avoiding and not accepting the service. The final step...

He'll be served via local newspaper. What an insane legal system. But hey, one way or another, he's being served and that case is moving forward.View attachment 1075577

(edit: apologies if this was already brought up, explained, or debunked)

You can even EMAIL a summons in some jurisdictions (AUS, the US will be state by state) if you have exhausted a lot of other routes. You need to go to a court to be allowed to do this though.

 

[LyteSydeByll]

IANAL, but I've been doing some research on Google about this to see what the next step might be and I keep seeing that Connecticut is a "non recourse" state, meaning that if they short sell DSP's condo the bank has to take that and can't come after him for any difference in the loan and the sell amount. If DSP has only done cursory Google searches too, he likely believes this to be fact, and that's why he's not worried. He thought the same thing with income taxes when moving to Washington and never sought to educate himself to be correct.

Spoiler: math and foreclosure theorizing

With a little bit more digging (going down a couple of links) another website (nolo.com) states that only occurs if the short sell agreement explicitly states that the lender waives their right for deficiency. However, since DSP didn't submit anything, I don't think he asked them to waive their right for deficiency and the banks could come after the difference, which makes things a little interesting. (Especially since he's a no-show to the court, and didn't hire anyone to be his agent in court, the banks could ask for a default judgement in their favor.)

The deficiency judgement is limited to the difference between total debt minus fair market value of the property as determined by the judge (Connn. Gen. Stat. § 49-14) if the property sells less than its appraised value, the lender must credit the borrower with one-half of the difference between selling price and appraised value (Connn. Gen. Stat. § 49-28 )

This is the example on nolo.com: The borrower owes $200,000 on the mortgage, but the home sold for $150,000 at the foreclosure sale, which leaves a $50,000 deficiency. The appraised value of the property is $180,000. The difference between the appraised value and the foreclosure sale price is $30,000. Because the property sold for less than the appraised value, divide $30,000 in half (which is $15,000) and deduct that amount from $50,000 to come up with the amount that the lender is entitled to receive. In this example, the deficiency judgment would be $35,000.

DSP owes $101k, the house is listed on zillow.com at $61k. We don't know the appraisal and won't know that until it sells, but it's likely to be as high as $72k (that's what other similar units have sold for on Zillow.com) so one-half of the appraisal minus the sale price is subtracted from the $40k difference between the owed amount (101k) and the sale price (61k).

DSP can be forced to pay the costs of advertising the auction, putting a sign up, etc.

TL: DR; Assuming his house sells right at the appraised amount ($61k), and the bank doesn't waive its right to deficiency, he can be on the hook for at most $40,000.

Feel free to correct me on anything here.

 

[Martys_not_smarty]

Here's the other thing about certified mail and summons he's in a gated community wouldn't there be some sort of administration in an office somewhere on that premise that would cooperate in some capacity to ensure that either said documents were delivered?

 

[andr0id psycho sho(ker]

Here's the other thing about certified mail and summons he's in a gated community wouldn't there be some sort of administration in an office somewhere on that premise that would cooperate in some capacity to ensure that either said documents were delivered?

If the community admin tells Phil about the summons, Phil will blow it off, something about detractors making stuff up to get him in trouble

 

[James Smith]

@SoapQueen1 might be able to shed some light on the meaning of the mediation period ending, and what the likelihood is that Phil is somehow skating on this stuff.

I don't know if he can participate in mediation without agreeing to appear for the lawsuit and as someone else already said it looks like he would only qualify for mediation if the judge outright offered it (which would almost certainly require him appearing for the lawsuit as a show of good faith.)

IANAL, but I've been doing some research on Google about this to see what the next step might be and I keep seeing that Connecticut is a "non recourse" state, meaning that if they short sell DSP's condo the bank has to take that and can't come after him for any difference in the loan and the sell amount.

Connecticut isn't a non-recourse state. It just has a non-recourse option. If they had foreclosed non-judicially they couldn't go after him for the deficiency. They went out of their way to foreclose judicially (a more time-consuming and expensive route) which indicates they fully intend to go after him for the deficiency.

 

[actually]

If they had foreclosed non-judicially they couldn't go after him for the deficiency. They went out of their way to foreclose judicially (a more time-consuming and expensive route) which indicates they fully intend to go after him for the deficiency.

oh please oh please oh please

 

[James Smith]

Here's an article discussing deficiency judgments in Connecticut: https://www.nolo.com/legal-encyclopedia/deficiency-judgments-after-foreclosure-connecticut.html

Here's another discussing the strict foreclosure process: https://www.nolo.com/legal-encyclopedia/what-is-strict-foreclosure.html

TL;DR on the second one follows:

1. Take condo from DSP
2. Get a judgement against DSP for the what he owes minus the condo's fair market value plus various other costs like attorney's fees
3. Sit on the condo until it becomes worth more
4. Sell the condo
5. Profit

 

[Sparkletor]

Here's the other thing about certified mail and summons he's in a gated community wouldn't there be some sort of administration in an office somewhere on that premise that would cooperate in some capacity to ensure that either said documents were delivered?

There are gated communities that have a guard shack and an office. Bryan Dunn's pedo dad got busted working in such a place. Phil's neighborhood is not that classy.

11099 SE 173rd St

 

[Kheapathic]

There are gated communities that have a guard shack and an office. Bryan Dunn's pedo dad got busted working in such a place. Phil's neighborhood is not that classy.

11099 SE 173rd St
View attachment 1076426

I've jumped walls taller than that. Does he honestly think "it's illegal" will stop any enterprising detractor? Does he not know that people can and will tailgate and ease in behind someone else when they open the gate; it's a common practice. So let's just assume someone gets in and they get spotted; does he think whoever spots a stranger is gonna call the non-emergency police line and report "an intruder"?

 

[ZehnBoat]

I've jumped walls taller than that. Does he honestly think "it's illegal" will stop any enterprising detractor? Does he not know that people can and will tailgate and ease in behind someone else when they open the gate; it's a common practice. So let's just assume someone gets in and they get spotted; does he think whoever spots a stranger is gonna call the non-emergency police line and report "an intruder"?

phil: MUH DETRACTORS ARE INSANE AND WILL DO ANYTHING TO KILL ME!!!
also phil: this fence will stop them

 

[James Smith]

phil: MUH DETRACTORS ARE INSANE AND WILL DO ANYTHING TO KILL ME!!!
also phil: this fence will stop them

 

[Royalty Free Fish Food]

phil: MUH DETRACTORS ARE INSANE AND WILL DO ANYTHING TO KILL ME!!!
also phil: this fence will stop them

The fence the HoA puts the code for on their website.

 

[BlueArmedDevil]

So who's gonna buy the place once it hits the market?

 

[Kheapathic]

So who's gonna buy the place once it hits the market?

Unless I get a job at WWE (and I have looked), I'm not planning to move to Connecticut (or the East Coast) anytime in the future.

 

[Schmeckel]

So who's gonna buy the place once it hits the market?

I could put in an offer, cover half the value as a down payment, and rent the bitch out and make it all back pretty quick. But it IS in the dogshit ghetto of Connecticut. I wouldn't want my tenant's blood on my hands if they happen to wind up in the middle of a gang war. I hear those Mercedes vs Bimmer fights are brutal.

 

[tzgnilki]

I could put in an offer, cover half the value as a down payment, and rent the bitch out and make it all back pretty quick. But it IS in the dogshit ghetto of Connecticut. I wouldn't want my tenant's blood on my hands if they happen to wind up in the middle of a gang war. I hear those Mercedes vs Bimmer fights are brutal.

buy it then rent it back to dave when he moves back