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Bookman

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Everything posted by Bookman

  1. If the creditor owns the property, then the creditor purchased it at the auction and there's no more debtor/creditor relationship, at least with respect to that property. It's possible the creditor took control by order of the bankruptcy court but I've never seen that in the Southern District of Texas.
  2. When I got omicron, I had this weird brain fog immediately. That wasn't a first symptom of the other variants. Not everyone gets it of course.
  3. If you do this for your job you should learn how they work.
  4. Why do you think I'm thinking in terms of residential real estate only? After the financial crisis, I spent two years doing nothing but commercial real estate loan workouts, including many multi-million dollar single asset real estate Chapter 11 cases. I put literally dozens of real estate developers into bankruptcy. think I know what I'm talking about.
  5. Why should the creditor get all the excess proceeds? What if there's more than one creditor? And creditors don't "take over the property via foreclosure." You're confusing the creditor with the buyer at the foreclosure sale.
  6. Area has two dimensions, so it should be "square meter."
  7. It's for your own good. It's for the neighborhood.
  8. Wow that seems to me like Putin's really scared.
  9. https://www.dailymail.co.uk/news/article-10554269/Ukraine-DESTROYS-Russian-convoy-Zelenskys-troops-derail-Kremlin-push-Kyiv.html
  10. What is Poland doing with all the Ukrainian refugees? Are they separating kids from parents and putting kids in cages while their President calls it an "invasion"?
  11. And apparently the state took her shit for her mistake. And a similarly situated taxpayer with no equity in her condo doesn't have to pay that penalty. It's a crazy statute. Can't believe it's constitutional.
  12. Say in Texas you had a commercial first-lien debt of $1 million secured by property worth $2 million, and $700,000 of subsequent liens, mechanic's liens, judgment liens, etc. If the foreclosure proceeds are $2 million, who gets that money, and how much do they get? When I did commercial foreclosures, the first lienholder would get $1 million, all the other liens would get paid off, and the owner would get the remaining $300,000. Do you think that's an unfair result? If the owner doesn't get the excess $300,000, who should get it? Do all the other lienholders get to chop it up pro rata? Or does the first lienholder get it all? Maybe the foreclosing attorney should get to put it in his pocket.
  13. It's really the only sensible thing to do, if it's done safely. Therapeutically, there's no danger involved.
  14. Lol yeah, I don't have an HOA either and I'm thankful for it. But they can serve their purposes. I represented an HOA for a rich neighborhood and they did a good job taking care of things.
  15. Pull out the covenants, conditions, and restrictions for your house and you'll see a clause where the HOA subordinates its lien.
  16. Yeah and the buyer at the foreclosure sale takes subject to the bank's lien.
  17. I haven't done foreclosures in 10+ years, but in my experience it was extremely rare for an HOA to have a lien with priority over a purchase money lien. The one time I saw it the HOA subordinated its lien as a condition of making the loan. I can't imagine a bank making a loan on a house and being behind the HOA's lien.
  18. I just skimmed the opinion. That is a terrible statute, in my opinion, because it's an unfair penalty. I'm no constitutional lawyer, but they didn't seem to argue equal protection.
  19. In Texas, if the foreclosure proceeds are more than the debt, then the debtor gets the excess proceeds. I can't imagine any legal theory where the creditor gets to keep more money than what is owed. If the house increases in value after the foreclosure sale and is later sold, then the debtor doesn't get any of that gain.
  20. Couple days for me.
  21. With all their hockey hullabaloo, and that bitch Anne Murray too.
  22. It's hard for him to have a set or two pair on that turn, but I think those would call. That's just a spot I find myself in too often in these multi-way nobody-ever-folds folds pots at 1/2 in San Antonio. If I'm out of position, turn the nuts on a four-flush board, check, and it always checks through.
  23. This isn't true. He could step down and admit he cheated his way to the Presidency. Oh wait, then Kamala would be President. That would make Trumpkin heads explode.
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