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PaperclipPerfector  3d ago (text post)   1553 thread views

Friday Fun Thread for May 30, 2025

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Court opinion:

  • In year 2012, Michael dies. His two sons, Dennis and Roman, don't bother to probate his will, so Michael's house remains titled in Michael's name. Dennis is left in charge of maintaining the house.

  • In year 2017, the property taxes on the house are not paid. In year 2018, a company spends 7 k$ to buy from the municipal government the right to foreclose on the house.

  • In year 2021, the company starts a foreclosure proceeding against Michael, and serves Dennis with the complaint. Nobody responds to the complaint in court, so in year 2022 the judge declares Michael to have defaulted, and the company successfully forecloses on the house by paying off the delinquent taxes of 55 k$. In year 2023, the company sells the house to a third party for 325 k$, yielding profit of 270 k$.

  • Just a few days before the sale, Roman learns that the house has been foreclosed on. Months after the sale, a year after the foreclosure, and 11 years after Michael's death, Roman finally probates Michael's will, is appointed the administrator of Michael's estate, and in that capacity moves to (1) vacate the foreclosure because he had no notice of it and (2) recoup the 270 k$ of profit under the recent federal Supreme Court decision forbidding the "theft" through foreclosure of home equity in excess of the delinquent taxes.

  • The trial judge denies the motion, and in year 2025 the appeals panel affirms. Service of the complaint on Dennis, who resided at the house, was proper. And the Supreme Court decision prohibiting "home-equity theft" is not retroactive.

Man, that really sucks for Dennis.

This case seems like a great metaphor for America these days: Everyone (but Dennis) did everything by the book, and the court seems to have made the right decision based on the facts, but no one had the decency to knock on Dennis's door a couple of times and let him know of his impending legal doom because he didn't check all the right boxes in the right forms.

Life in America sucks for people who can't / won't jump through legal hoops. Basically everyone I know who is on-again-off-again-homeless has a story like this about how the system fucked them over. But the Man oppressing them is just "doing the right thing by the book". I'm sure there were other problems in the 1800s, but at least the downtrodden/not-quite-dregs of society didn't have to deal with paperwork.

The only thing I can think of here is to serve the house with info on the delinquent taxes before foreclosing. If that were done, I would have no sympathy whatsoever for the sons (Dennis certainly).

They got served! They know that taxes are a thing! And they did nothing at all about it. For ten years. Did they think they were just getting away with it?

I get that paperwork sucks. What was the alternative? That people can just avoid paying taxes because they’re too lazy or ignorant to do it? To increase taxes on everyone else to assign a case manager and counsel them very social justicely? To send the landlord’s bailiff around to collect taxes with a bullwhip to handle the delinquent serfs?

The only thing I can think of here is to serve the house with info on the delinquent taxes before foreclosing. If that were done, I would have no sympathy whatsoever for the sons (Dennis certainly).

That's what happened in this case. A "pre-foreclosure notice" was sent by both regular mail and certified mail in July 2021, and then the actual foreclosure complaint was served in person in November 2021.

Sorry, I meant before that. Like, yearly automated mail: you’re not paying taxes. If even that was sent, what else could you do but nanny state or feudal bailiff the guy?

Idk about his jurisdiction, but they generally do that? I get a yearly letter even though mine are paid, with my balance and any proposed changes to the tax regime.

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