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PaperclipPerfector  3d ago (text post)   1554 thread views

Friday Fun Thread for May 30, 2025

Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.

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The thing that gets me about all this, is that it took a Supreme Court Case to tell the government "No, you can't steal a half million dollar piece of property from someone to satisfy a debt 1/10th of that." And then the shear fucking balls for the government to turn around and go "Ok, well, now we know that... but it doesn't help you"

And then the sheer fucking balls for the government to turn around and go "Okay, well, now we know that... but it doesn't help you."

To be more specific than my summary at the top of this thread:

  • In general:
    • The federal Supreme Court did not mention retroactivity at all in its opinion.
    • The state supreme court has not yet determined one way or the other whether the federal Supreme Court's prohibition of home-equity theft is retroactive—whether fully or only in lawsuits that were still "in the pipeline" when the federal Supreme Court's decision was issued.
  • In this particular case:
    • Roman admitted that full retroactivity would be unworkable, but argued that pipeline retroactivity still should apply.
    • The trial judge pointed out that pipeline retroactivity is not even available in this case, because the foreclosure process had already ended by the time the federal Supreme Court issued the opinion. The appeals panel agreed with this analysis.

So the question of retroactivity technically still is open, at least in this state (New J*rsey).

I mean, I still just think that's bullshit, even with all the caveats? People were getting away with a literal "free money" glitch by buying liens and then repossessing properties for their full value, as opposed to collecting the debt they may have bought for pennies on the dollar, and then paying out the excess of the sale as should have been legally required all along. I'm indifferent on reversing the lien or foreclosure or any of that. Someone "legally" stole almost half a million dollars in equity from these brothers, regardless of how negligent they were. They should be owed the difference between the value of the home and the debt the estate owed, period, no questions asked.

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