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

Will DSP file his bankruptcy before MidFirst Bank gets their hands on his WAkhando?

  • Yes

    Votes: 112 51.9%

  • No

    Votes: 104 48.1%
  • Total voters
    216
Abe Vigoda said:
What are the chances he hires an actual lawyer to fight this?
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He's not going to fight the Connecticut foreclosure suit, he thinks the Chapter 7 discharge means MidFirst has no choice but to pound sand. Knowing him he might just throw out any follow-up letters from the CT court because he thinks they're administrative or unenforceable. If I recall correctly he just flat out ignored all the letters so far because he thought bankruptcy would make it go away.

If (I can't emphasize that word enough) the deficiency isn't protected under the discharge, they will eventually have to sue him in Washington because state court orders don't automatically apply in other states. If things go that way I would say it's a near certainty he gets an attorney-I'm sure he thinks he can't be pursued for the deficiency, but he also seems to understand the consequences of just ignoring a summons or court order. More to the point, even the threat of garnishment or a lien is a threat to his gacha habit so he is going to take those seriously.

EDIT: Before anyone asks, the odds of him losing the WAKhando over this are practically none. Even if MidFirst gets the deficiency and files a lien on the Snort Fort, lienholders will normally just wait for the owner to resell the property and collect their money then.
 
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twattycake said:
I posted about it upthread but Connecticut does allow for deficiency balances. The only cap/reduction on amount owed is if the bank sells it for below market value (and then they have to forgive half the difference between market value and sales price).

Paging our legal eagle Kiwis (@AnOminous @SoapQueen1) is the foreclosure date the date of initial filing or when the judge issues his/her order? This is literally a $40,000 question.
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That's a really good question and I don't know. I'd say the order and possibly even after the order, because there's a redemption period between the order and what is called "law day" in which the debtor can still cancel the foreclosure by paying the outstanding balance and any costs related to the foreclosure.

The case law in Connecticut federal bankruptcy court is also contradictory on whether you can avoid a deficiency judgment in bankruptcy, but those refer to deficiency judgment liens already in existence prior to the bankruptcy. It may be that post-discharge deficiency judgments are considered new. After all, before a sale, they're merely hypothetical. A sale could, in theory, cover the entire amount of the mortgage.

I also don't even know whether Connecticut or Washington law would apply, or whether MidFirst would sue in Connecticut or Washington, or in federal or in state court.

Anyway, this part of the saga might not be over. Depends on whether MidFirst has had it with dealing with pigroaches or still wants their money.
 
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Beetus Knuckles said:
It's fairly common to try collect "zombie" debt after a bankruptcy. Providing a copy of the discharge order to the state court usually takes care of it. If Midfirst persists, Phil could sue them for damages under the FDCPA.
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Based on what we've seen so far, this is exactly what will happen and Paul will either win outright or pocket a nice settlement.
 
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Shick said:
Based on what we've seen so far, this is exactly what will happen and Paul will either win outright or pocket a nice settlement.
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Listen, alright. I took fuckin' Midfirst to court and now they're paying me and my legal fees. Ack ack ack. It's like a free vest streak.

Seriously though, Dave's free of the CONNdo because he didn't reaffirm the mortgage. He is basically surrendering the collateral and walking away. Lifting the stay just allows Midfirst to take possession so they can dispose of it. They could even offer him a deed in lieu of foreclosure to speed things up. The only question I have is the HOA and property taxes owed between the discharge and the legal transfer of ownership actually occurs. In rare cases if a property is a real shithole or is encumbered with large taxes or municipal fees, they'll actually just cancel the lien and give it to the debtor. That would be the ultimate pigroach ending for Dave.
 
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In before Pigroach luck kicks in and Midfirst ends up buying him a new condo.

Just kidding.

Midfirst is in the business of buying debt and getting that money. They have been on top of this shit from the start. "A lawsuit will cost x amount of dollars" they have a corporate lawyer and pay them a salary.

I don't think he will luck out of this, but I am also semi-retarded so I guess we will see.
 
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Honestly, Dave's a moron for reaffirming the WAKhando. He could have kept it and just paid the mortgage as usual without having any obligation unless this is forbidden in his mortgage contract. He could of had his cake with custom frosting and ate it too.
 
Beetus Knuckles said:
Honestly, Dave's a moron for reaffirming the WAKhando. He could have kept it and just paid the mortgage as usual without having any obligation unless this is forbidden in his mortgage contract. He could of had his cake with custom frosting and ate it too.
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The mortgage agreement probably allows them to foreclose immediately if he triggers it by doing something like declaring bankruptcy. I doubt he signed that reaffirmation agreement just as a freebie to the mortgage company because he likes them so much.
 
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Kosher Dill said:
That's what reaffirming is though. He excluded it from the bankruptcy and he will continue to pay as usual.
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Probably not an option on a sleazy mortgage like Dave has, but you can choose not to reaffirm a secured debt and retain it, if the creditor is amenable, by making the payments as usual. They call it a "ride through" referring to auto loans. You can walk and not see a credit hit, but making the payments doesn't show on the credit report either.
 
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actually said:

MidFirst is continuing its case to foreclose on the house. Nothing too surprising or informative here--they've just made a motion for the judge to grant a default judgement since Phil hasn't appeared or made any pleadings.
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Did they send him an email at darksydephil@hotmail.com? Otherwise, there's no way he'd respond.

And, he DID give them permission do take the property, so he's good. Pigroach blessings, and all.
 
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Schmeckel said:
Did they send him an email at darksydephil@hotmail.com? Otherwise, there's no way he'd respond.

And, he DID give them permission do take the property, so he's good. Pigroach blessings, and all.
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His statement in some other case is meaningless. All that matters is he hasn't actually responded.
 
AnOminous said:
His statement in some other case is meaningless. All that matters is he hasn't actually responded.
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Oh, I know. He's doing the spoony thing and just letting it run it's course and not doing anything.

But, again, knowing his luck stat, it's not going to amount to anything other than "I did nothing wrong, I did everything correct!" and it's business as usual for Phil.
 
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Confirmed Phil never picked up the foreclosure summons.

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