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

[Nigel of Ukip]

Wild theory.

He as of "late" keeps saying how his parents pay for near enough everything. We all made fun of his mum being retarded for even buying him halloween decorations. Some time ago he showed his background and he had some file named something like hardship letter or whatever. He's also fully ignoring this situation and outright banning people that bring it up.

So what are the odds he's doing all of this to somehow prove to the people that are after him he has "no money", and he's not addressing it so he can act dumb and lie about being notified?

I mean he is dumb and all, yet he has to be aware people are sending clips and posts of Phil doing god knows what to these people just to dunk on him, which is actually a good idea.

 

[tzgnilki]

I actually don't think this. I went back and forth for a long time, but you have to keep in mind he now has a loan that is six months delinquent. He has trashed his credit score into oblivion already. In a simulation mine went from 787 to 677.

In addition if he's so tight that he's letting overdrafts happen he doesn't even have enough credit limit to pay credit cards with credit cards anymore. I'm talking he doesn't even have like $500 credit limit left. Increasing my credit utilization to 90% dropped me from 787 to 591.

It's neither linear nor universal but his credit score is probably in the low 500s. As in absolute garbage.

Finally the WA condo's value is likely inflated and subject to tank any moment without warning. That means more risk to the lender than usual, even if they don't extend more debt against it as collateral.

All of this works against him in a cash-out refinance or home equity loan.

this makes me think he's manipulating khet into digging herself into (more?) debt just to help him

 

[DarkSoulsPhil]

Wild theory.

He as of "late" keeps saying how his parents pay for near enough everything. We all made fun of his mum being exceptional for even buying him halloween decorations. Some time ago he showed his background and he had some file named something like hardship letter or whatever. He's also fully ignoring this situation and outright banning people that bring it up.

So what are the odds he's doing all of this to somehow prove to the people that are after him he has "no money", and he's not addressing it so he can act dumb and lie about being notified?

I mean he is dumb and all, yet he has to be aware people are sending clips and posts of Phil doing god knows what to these people just to dunk on him, which is actually a good idea.

The hardship letter is bugging me too. Whats his game with the letter exactly?

 

[James Smith]

The way I see it he has the following two strategic options at this stage:

Take Control - Deal with it like a man and accept that sometimes work pays

1. He contacts the creditor, explains he has a highly valuable asset with a large amount of equity
2. He offers to allow creditor to attach a lien to it in exchange for delaying foreclosure for a short, set period of time
3. He sells the condo, pays off the WA lender mortgage, pays off the CT lender mortgage, and walks away with at least $125K in his pocket because if he declares bankruptcy he will get that much so he can negotiate to get that much or more to quickly pay the creditor with no fuss and reduced legal expenses
4. He pays off all his credit card debt and still has like $25-50K in the bank
5. He gets to continue making $9,000 per month
   1. He is no longer spending $1500 on a CT condo he doesn't live in
   2. He is no longer spending a couple thousand dollars on old credit card debt
   3. He saves up money and puts it into retirement savings and future home purchase savings
6. He moves into some one or two bedroom apartment
7. He buys a modest home with his home purchase savings once the local housing market calms down

His credit score goes through the roof as he has extensive credit history, now no debt, and no foreclosure on his record.

No Strategy - Hope it goes away on its own like everything else in his life

1. Creditor wins lawsuit, gets like $105K as mortgage principal and interest and like $15K attorney's and other fees
2. Creditor converts judgement to Washington and begins attaching it to his stuff (lien on the condo, emptying bank accounts, redirecting payments, etc)
3. He talks to a lawyer because he's unable to pay his bills, condo, car, or old debt
4. Lawyer advises him that he now has the following two options that he should utilize in tandem
   • Negotiate lower monthly garnishments
   • Incorporate and employ himself to benefit from wage garnishment protection
   • Declare bankruptcy to give himself enough money each month to pay his bills, some housing, and some transportation

The time for negotiation has probably passed at this point in No Strategy.

If he incorporates his business the creditor is likely to take control of his stock and become a shareholder, but if Kat legitimately invested money into the company she could remain a majority shareholder to DSP and therefore the creditor. I think that would be an acceptable method of maintaining control. If the creditor does gain majority control, it will be unlikely to dissolve or sell the company because it has no real cash value; it's value is in its ongoing operation. The creditor will be more likely to replace him as a member of the board of directors and as President. If they do this they can vote to begin compensating him with dividends instead of wages to bypass wage garnishment protection. If they don't replace him as President and take away his authority to spend the company's money he could just spend the company's money until there's nothing left to distribute in a dividend.

If his business continues to pay him only in wages the creditor will only be able to garnish the income his newly formed separate business entity gives to him as wages and not the income the business itself is being given by others; it's his own debt, not the business'. The creditor would be limited to garnishing 25% of his wages after some mandatory deductions. If he declares bankruptcy the trustee can only take and redistribute money being given to him by the business and not money being given to the business itself.

Bankruptcy will have obvious benefits to both parties. It will stop all efforts by creditors (plural) to get money from DSP's accounts, payers, etc. It will also require DSP to begin adhering to a strict budget and give the rest of his income to the trustee to distribute among his credits according to the law and any court instructions. It looks like he has equity that very much exceeds the exemptions, so it will require DSP to sell his condo and his car and find alternative housing and transportation. He will get the first $125K after the original WA lender is paid the mortgage balance and his creditors will get the rest. He can use that money to make initial payments on a home and a car that is below the exemption; if he doesn't spend it he will lose it to the same bankruptcy trustee a while later, I don't know how much of a grace period he has.

His credit score is tanked and he has to adhere to this payment plan for at least 3-5 years, possibly more if he files under Chapter 11 instead of 13 and his creditors all vote to extend it. I don't think filing under Chapter 11 is a good move for him for that reason alone.

---

I'd like feedback on what people think of these two strategies.

---

By request another option follows:

Do Nothing - Stick your head in the sand

1. Creditor wins lawsuit, gets like $105K as mortgage principal and interest and like $15K attorney's and other fees
2. Creditor converts judgement to Washington and begins attaching it to his stuff (lien on the condo, emptying bank accounts, redirecting payments, etc)
3. He's unable to pay his bills, condo, car, or old debt
4. He gets foreclosed on a second time, this time in WA
5. He moves into some one or two bedroom apartment
6. The WA second condo is sold and he gets a bunch of money after the sale and part of it gets seized to pay off the CT debt
7. He gets to continue making $9,000 per month
   1. He is no longer spending $1500 on a CT condo he doesn't live in
   2. He is still spending a couple thousand dollars on old credit card debt
   3. He starts spending money like a stupid person again
8. He never buys a home again out of shame, confusion, and fear

His credit score is tanked and he has nothing to show for it.

 

[Pargon]

The way I see it he has the following two strategic options at this stage:

Take Control - Deal with it like a man and accept that sometimes work pays

1. He contacts the creditor, explains he has a highly valuable asset with a large amount of equity
2. He offers to allow creditor to attach a lien to it in exchange for delaying foreclosure for a short, set period of time
3. He sells the condo, pays off the WA lender mortgage, pays off the CT lender mortgage, and walks away with at least $125K in his pocket because if he declares bankruptcy he will get that much so he can negotiate to get that much or more to quickly pay the creditor with no fuss and reduced legal expenses
4. He pays off all his credit card debt and still has like $25-50K in the bank
5. He gets to continue making $9,000 per month
   1. He is no longer spending $1500 on a CT condo he doesn't live in
   2. He is no longer spending a couple thousand dollars on old credit card debt
   3. He saves up money and puts it into retirement savings and future home purchase savings
6. He moves into some one or two bedroom apartment
7. He buys a modest home with his home purchase savings once the local housing market calms down

His credit score goes through the roof as he has extensive credit history, now no debt, and no foreclosure on his record.

No Strategy - Hope it goes away on its own like everything else in his life

1. Creditor wins lawsuit, gets like $105K as mortgage principal and interest and like $15K attorney's and other fees
2. Creditor converts judgement to Washington and begins attaching it to his stuff (lien on the condo, emptying bank accounts, redirecting payments, etc)
3. He talks to a lawyer because he's unable to pay his bills, condo, car, or old debt
4. Lawyer advises him that he now has the following two options that he should utilize in tandem
   • Negotiate lower monthly garnishments
   • Incorporate and employ himself to benefit from wage garnishment protection
   • Declare bankruptcy to give himself enough money each month to pay his bills, some housing, and some transportation

The time for negotiation has probably passed at this point in No Strategy.

If he incorporates his business the creditor is likely to take control of his stock and become a shareholder, but if Kat legitimately invested money into the company she could remain a majority shareholder to DSP and therefore the creditor. I think that would be an acceptable method of maintaining control. If the creditor does gain majority control, it will be unlikely to dissolve or sell the company because it has no real cash value; it's value is in its ongoing operation. The creditor will be more likely to replace him as a member of the board of directors and as President. If they do this they can vote to begin compensating him with dividends instead of wages to bypass wage garnishment protection. If they don't replace him as President and take away his authority to spend the company's money he could just spend the company's money until there's nothing left to distribute in a dividend.

If his business continues to pay him only in wages the creditor will only be able to garnish the income his newly formed separate business entity gives to him as wages and not the income the business itself is being given by others; it's his own debt, not the business'. The creditor would be limited to garnishing 25% of his wages after some mandatory deductions. If he declares bankruptcy the trustee can only take and redistribute money being given to him by the business and not money being given to the business itself.

Bankruptcy will have obvious benefits to both parties. It will stop all efforts by creditors (plural) to get money from DSP's accounts, payers, etc. It will also require DSP to begin adhering to a strict budget and give the rest of his income to the trustee to distribute among his credits according to the law and any court instructions. It looks like he has equity that very much exceeds the exemptions, so it will require DSP to sell his condo and his car and find alternative housing and transportation. He will get the first $125K after the original WA lender is paid the mortgage balance and his creditors will get the rest. He can use that money to make initial payments on a home and a car that is below the exemption; if he doesn't spend it he will lose it to the same bankruptcy trustee a while later, I don't know how much of a grace period he has.

His credit score is tanked and he has to adhere to this payment plan for at least 3-5 years, possibly more if he files under Chapter 11 instead of 13 and his creditors all vote to extend it. I don't think filing under Chapter 11 is a good move for him for that reason alone.

---

I'd like feedback on what people think of these two strategies.

This is an awesome breakdown of his realistic options written by someone clearly knowledgeable about both the process and DSP.

That said, though there's been a smattering of talk about it, I'd really like to see the consequences of the fabled Third Option, constructed similarly (though by no means is this to be a demand for more work on @SoapQueen1 or anyone else's part):

3. Do Absolutely Nothing

I really can see him going down this road. He's as jocular and spicy as ever on his streams from what I've seen (Sausage Mode aside) but something tells me that when The Camera Is Off The Whole Time, Huh that he's just a deer in the headlights with no idea how to proceed. True, he may have already turned things over to a more experienced party but let's not neglect that fact that doing so would involved a number of phone calls and disclosure of personal information to people he doesn't know, two things we can reasonably accept he can't stand, and doing so would result in someone giving him very bad news and some very difficult decisions to make, and that someone would be a person he can't call a braindead morahn and ban.

I'm saying that either of the two options discussed above involve him relinquishing control and for as many times as we've jokingly likened him to a dictator or cult leader, I think it's a very real possibility that he's unwilling or even unable to do that.

 

[Salubrious]

I'm saying that either of the two options discussed above involve him relinquishing control and for as many times as we've jokingly likened him to a dictator or cult leader, I think it's a very real possibility that he's unwilling or even unable to do that.

The same guy that refused to rent out the CT condo because he wouldn't be able to micromanage the property management company? Shirley you jest?

 

[James Smith]

That said, though there's been a smattering of talk about it, I'd really like to see the consequences of the fabled Third Option, constructed similarly (though by no means is this to be a demand for more work on @SoapQueen1 or anyone else's part):

3. Do Absolutely Nothing

I can do that.

Do Nothing - Stick your head in the sand

1. Creditor wins lawsuit, gets like $105K as mortgage principal and interest and like $15K attorney's and other fees
2. Creditor converts judgement to Washington and begins attaching it to his stuff (lien on the condo, emptying bank accounts, redirecting payments, etc)
3. He's unable to pay his bills, condo, car, or old debt
4. He gets foreclosed on a second time, this time in WA
5. He moves into some one or two bedroom apartment
6. The WA second condo is sold and he gets a bunch of money after the sale and part of it gets seized to pay off the CT debt
7. He gets to continue making $9,000 per month
   1. He is no longer spending $1500 on a CT condo he doesn't live in
   2. He is still spending a couple thousand dollars on old credit card debt
   3. He starts spending money like a stupid person again
8. He never buys a home again out of shame, confusion, and fear

His credit score is tanked and he has nothing to show for it.

 

[Pargon]

The same guy that refused to rent out the CT condo because he wouldn't be able to micromanage the property management company? Shirley you jest?

Don't call me Definitely.

But yeah, it's a joy to think about Phil having to haul himself out bed at the ungodly hour of 8:00 AM PST because his parent-paid attorney or bankruptcy handler needs to go over things with him but boy if there isn't a huge part of me that's convinced he's already told himself that he's just not going to deal with all of that.

 

[UncleTusky]

Doing some late night reading and have an admittingly ridiculous theory for why Phil seems so lax about this. In Washington state most foreclosures do not go through the court so the bank cannot get a deficiency judgement (garnishing wages etc). Now, let's say Phil actually has a tax guy, already who the hell knows, and Phil asked about the foreclosure process. The guy gives Phil the answer for Washington but all Phil hears is "they can't go after your money." Pretty much the tax problem only reverse the states.

I'm pretty sure you are jumping 3 or 4 steps ahead here. Phil is being sued in Connecticut, not Washington, and the mortgage almost certainly includes a clause saying that legal objections must be filed in Connecticut. He could be living in Timbuktu for all the bank cares, they still have the right to sue in Connecticut state court and he does not have the right to have it delayed or moved for his convenience.

How foreclosures work in WA is a moot point because it looks like the mortgage lender is going through the courts in CT and will most likely get a judge's ruling (well, default judgment but it's functionally the same). Other legal eagle Kiwis (paging @AnOminous) might know better but I'm pretty sure the bank just has to show Phil owes them some amount & that he has assets in WA that can be garnished, not that the foreclosure would have gone identically if it had been filed in WA state court.

 

[LiquidCancer]

Now that he never responded to the foreclosure mediation isn't it pretty much a done deal that he's screwed with the CT place? Since he is in Washington what will the process be like for the bank to go after him there?

 

[BallBuster]

He’s choosing not to address it on stream and I have my own theory why:

All his tax nonsense is still hidden in the shadows. We don’t have any concrete evidence of it so he can spin his tax tales of woe any way he sees fit because again, we have no way to counter him.

This however is in the open and cannot be hidden, so rather than even acknowledge it he will ignore it and the wheelchairs will be none the wiser. If he admits it it makes him look bad. It really is some autistic 4D chess but let’s face it, he knows how to wrangle his gaggle of deep pocketed nitwits better than anyone.

 

[AnOminous]

Other legal eagle Kiwis (paging @AnOminous) might know better but I'm pretty sure the bank just has to show Phil owes them some amount & that he has assets in WA that can be garnished, not that the foreclosure would have gone identically if it had been filed in WA state court.

Unlike a judgment from some other countries, they're not going to have to demonstrate the judgment was fair. That's presumed, as is the fact that if he doesn't agree, he could challenge it there. They just have to show they have an out of state judgment and register it in the state by this process: https://app.leg.wa.gov/RCW/default.aspx?cite=6.36&full=true#6.36.025

Then it's treated identically to as if they'd obtained the same judgment in Washington. They can execute on it, file liens against his property, garnish wages or bank accounts, have his movable property physically seized and sold at auction, or anything any other judgment creditor could do.

As @SoapQueen1 noted, Connecticut has a cheaper, less complicated nonjudicial foreclosure procedure and if they weren't going for a deficiency judgment, they'd probably have done that, so the fact they've gone judicial indicates they do in fact intend to go after him in Washington after getting one.

 

[Freshtodeath]

Can the bank come after him in washington? what if he never goes to CT again? is he untouchable? Kind like when you have a warrant in another state so you just dont go there.

Another theory: what if he transferred all his money and assets to Kat's account?

 

[actually]

I'd like feedback on what people think of these two strategies.

Type it slower. I'm almost there.

I think he's going with #2 because it's the lower effort one. He's still talking as though he has some grand plan--given that the refi is almost certainly not happening, it makes me wonder if he's already discussing bankruptcy.

As @SoapQueen1 noted, Connecticut has a cheaper, less complicated nonjudicial foreclosure procedure and if they weren't going for a deficiency judgment, they'd probably have done that, so the fact they've gone judicial indicates they do in fact intend to go after him in Washington after getting one.

Man, I hope this is the case.

Can the bank come after him in washington? what if he never goes to CT again? is he untouchable? Kind like when you have a warrant in another state so you just dont go there.

Another theory: what if he transferred all his money and assets to Kat's account?

Read back through the thread. Both have been discussed extensively. Short answer to the asset transfer question is that the court wouldn't buy it and they could still get after it.

 

[BrokeACKMountain]

I'm not going to say that he's not got some master plan to get out of all of this, but keep in mind that this is the guy who:

• Spent 5 minutes running around the first level of Portal because he didn't realize that he could pick up the portal gun
• Tried to chase 'The End' (the sniper boss) with a shotgun in MGS3, eventually resorting to the sniper rifle (until he realized he had no idea how to use the scope)
• Thought a rainy day fund was for when you wanted to go to the zoo (or something similar) when it was raining, so you at least had money to go to the arcade instead
• Has, on more occsaions than I care to count, complained about the unfair AI driving into him in GTA with no regard to the fact that he's driving on the wrong side of the road
  • Bonus point on this one because he has a real life valid driving licence
• Couldn't work out how to enter his own name in Persona 4
• Couldn't accept blame for saving himself into a death loop in AM Alice
• Can't seem to comprehend that different weapons do different damage in FPS games, and body shots don't do as much damage as headshots etc. - how often does he complain that he shot first and still died?

Remember - not a childrens entertainer. Whole video is worth a watch, but start at 40sec if you're pressed for time/close to your daily recommended DSP exposure limit.

 

[Pargon]

I'm not going to say that he's not got some master plan to get out of all of this, but keep in mind that this is the guy who:

• Spent 5 minutes running around the first level of Portal because he didn't realize that he could pick up the portal gun
• Tried to chase 'The End' (the sniper boss) with a shotgun in MGS3, eventually resorting to the sniper rifle (until he realized he had no idea how to use the scope)
• Thought a rainy day fund was for when you wanted to go to the zoo (or something similar) when it was raining, so you at least had money to go to the arcade instead
• Has, on more occsaions than I care to count, complained about the unfair AI driving into him in GTA with no regard to the fact that he's driving on the wrong side of the road
  • Bonus point on this one because he has a real life valid driving licence
• Couldn't work out how to enter his own name in Persona 4
• Couldn't accept blame for saving himself into a death loop in AM Alice
• Can't seem to comprehend that different weapons do different damage in FPS games, and body shots don't do as much damage as headshots etc. - how often does he complain that he shot first and still died?

Remember - not a childrens entertainer. Whole video is worth a watch, but start at 40sec if you're pressed for time/close to your daily recommended DSP exposure limit.

He's been attracting children, literal and mental, his entire career.

Pedos everywhere hate him and want to know his One Weird Trick.

 

[BrokeACKMountain]

He's been attracting children, literal and mental, his entire career.

Pedos everywhere hate him and want to know his One Weird Trick.

Despite the video being over 10 years old, I seriously dont think the folk that left him voice messages are old enough to enlist (unless they're anywhere near Joseph Kony)

 

[thebonesauce]

Mayo Clinic Q and A: Herniated disk symptoms often effectively treated without surgery

DEAR MAYO CLINIC: What is the typical treatment and recovery time for a herniated disk? At what point should surgery [...]

newsnetwork.mayoclinic.org

Doing some quick research, according to the Mayo Clinic, with proper exercise and treatment, a herniated disc can heal itself in 6-8 weeks. If it persists for more than 8 weeks you need to seek serious medical treatment. Phil has been jerking off this for over a decade.

The back injury is a lie. He might have hurt his back a long time ago, but he is fine now. He is perfectly able to drive, he can lift more than 20lbs, and he doesn't need to sit down in the shower. He rocks back and forth because he has something wrong with his brain, not his back.

Like so many other things, the back injury is an excuse to play the victim and give explain why he can't do something.

Why did Phil stop paying his mortgage? It's the helicopter plant's fault for firing him. It's the condo association's fault for letting it turn into the ghetto. It's the government's fault for the housing bubble burst. It's YouTube's fault for the apocalypse. It's the trolls fault. It's Machinima's fault. It's the tax guy's fault. It's the credit card company's fault. It's the bank's fault. It's everyone's fault except for Phil. He did nothing wrong. He did everything correct.

I have said this before, and I could absolutely be powerleveling here a bit, but I am fairly close to someone with a spinal cord injury. A herniated disc isn’t something that just goes away on its own, and likely it’s something Phil never even experienced. This person I know has had two separate herniated discs, and while PT and other forms of exercise CAN help, often back injuries are permanent. They never get any better. That being said, if Phil DID have a spinal cord injury, trust me, you would know. He would have trouble keeping still, even when seated, and you could easily see pain and discomfort all over his face. Just like everything else that Phil talks about, he’s lying about having a back injury.

 

[Schmeckel]

He would have trouble keeping still

What, like the patent pending Burnell Wobble?

If Phil ever had some sort of injury (be it from the car accident that was totally someone else's fault, or his super-buff powerlifting days...), it was more than likely low back sprain that he never rehabbed properly, if at all, that he has since taken to calling a herniated whatever. His shitty sedentary lifestyle has caused those muscles (as well as all other muscle) to atrophy to the point where he can't handle a gallon of milk without struggling.

Which reminds me of a little comedy bit that Nick Swardson did some years ago. Phil is the grandma, Nicholas is Khet.

Spoiler

Should start at 3:53. the bit goes on for a minute with a bonus appropriate snort at 5:00.

 

[King Daddy Telomerase]

I don't see Take Control as an option because if he has to move to some apartment, Kathy finds her next cuck and he loses everything that suggests he's a man. We saw how broken he was when Leanna left, times that 100 in this scenario because he's truly fucked and dying alone at that point. Phil will exhaust every possible solution before being dragged out of the Renton khando.

No Strategy bankruptcy plans look like a horrible option for Phil. First, because he obviously has no financial responsibility, but his income source is extremely tenuous with zero fallback plans. Unless it's profitable for creditors to send dummies like Phil to bankruptcy court repeatedly.

Do Nothing is the heavy favorite, unless Daddy bails him out.