How Much Shit Has To Hit The Fan....

[Sharkey]

This just gets better all the time! I swear, I'm not making this shit up!

After posting the above, I wrote an email to my attorney, advising him of the same three points outlined in the post. I asked him if there was a reason to respond to the complaint or attend the court action.

Today, I got a message back:

I do not see a need to appear in the action except that they may be awarded their costs and disbursements if you default. However since they would almost certainly win anyway, I do not see that as a reason to spend the money to make an appearance. They will probably seek the costs of filing and serving the suit and may be awarded a prevailing party fee.

SAY WHAT???!!!!!!

Back in August, I sent a message to the lawyer asking him if there were any financial consequences to not cooperating with the bank in the foreclosure of my old property. His response was that I did not have to cooperate with the bank, and that there would be no financial penalties to allowing the complaint to go to trial.

So, now looks like Perry Mason and I are in this together. I just sent him an acerbic email demanding an explanation and quoting both my August email and his response. If I do get hit with court costs, etc, you can be sure I will go after the lawyer for repayment.

What a rotten day I've had.

[stuartcnz]

That sounds like a rough ride indeed!

I was talking to a very experienced lawyer, not so long ago and he made what I considered to be a surprising statement: "Justice is not considered to be a particularly important part in the legal system."

In other words, while we are all led to believe that the western legal systems are set up to provide justice; in fact justice is only an accidental side benefit, on the odd occasion in legal outcomes, with exceptions provided in certain areas of law.

A friend of mine, told me while he was attending law school, that in the middle ages French was the only accepted language in English courts. The reasoning was that the aristocracy all spoke French as their first language, while the peasants didn't speak it at all, therefore depriving the peasants of protection from the law and at the same time giving it to the aristocracy, to use as a weapon against the peasantry.

More recently Latin was used in British and British Commonwealth courts for the same reasons.

[Sharkey]

It's coming in hot and heavy now.

Today's mail brought notice of Jerk #2's filing for Chapter 11 bankruptcy. This is actually good news in disguise, as he obviously is going to try and salvage as much of his credit rating and reputation as possible. It might actually mean that I get some small amount of money out of him before it's over. Chapter 11 is "reorganization", so he will try to negotiate his debts and placate his creditors so that they will back off and give him time or forgiveness in repayment of the debt. Last time I talked to Jerk #2 (New Year's Day 2007) he slammed the phone down on me and wouldn't answer when I called back. Now I have been invited to apply to be on a "Creditor's Committee" to oversee his reorganization. It might be worth the trouble to see the look on his face when he sees who is going to be passing judgement on him in "civilian court".

I just sent off a fullside salvo to my lawyer after receiving an email full of weak excuses for his oversight in the foreclosure by the bank. I told him in unvarnished language that I considered him guilty of unprofessional conduct and that I hold him liable for any prevailing fees levied against me in the judgement, and that I would turn to him to compensate me for those expenses. I still owe this joker a bunch of money, none of which he will get if I end up getting victimized in the foreclosure suit against my old property. Ball's in his court, I did not release him from service and in fact admonished him that I expect and require him to defend my legal rights and be a solid and reliable advocate of my interests in the future. I guess we'll see what kind of a man he is.

[dburt]

You know what a crying shame is?

A bus full of lawyers going over a cliff with one empty seat!!

[Sharkey]

Why wreck a perfectly good bus to get rid of some of the least desirable members of our population?

[Sharkey]

In Saturday's mail, I received a check from the Oregon Department of Revenue amounting to 5% of the sum that the Jerks owe me. It is the refund of the capital gains taxes I sent the state in 2007 for the deferred income on the installment sale of my property in 2006.

Of course, I paid late fees and penalties, as well as interest in 2007 because the return was not filed on time, but I didn't get those back. The state did include $2,400 in interest that my money earned while in their possession, but then they turned around and billed me for $2,800 for the "Kicker" refund that I was sent in early 2007, a refund paid when the state revenues exceeded projected goals. That was nice to get, but because my amended return lowered my tax due for 2006, the "kicker" wasn't calculated correctly, and I was hit with interest for receiving it.

They always have an angle. I'm just glad to have the majority of my money back from the greedy legislators in Salem.

Still to come, the IRS check refunding my federal capital gains, another 8% of the Jerks default come back home to roost.

Now I have a bit of spending cash to invest on completing the remodel of the house I bought here. New roof and gutters, dry rot repair, sheetrock, additional insulation in the attic, new floors, interior doors and trim, and kitchen cabinets. I'll be broke afterwards, but the asset will be in condition to be marketed in case I have to bail out of this place after the real estate market recovers.

[Dennis The Bus Dweller]

Holy crap, Good for you

[dburt]

I have a friend who is sure we are headed to a collapse of the USA and world government as we know it today. He figures it will come thru terrorist attacks, or many big natural disasters like earthquakes, or asteroid impacts setting of tsunamis, or some such thing.

Regardless of how it happens, he figures after the dust settles, the first thing we have to do is put a bounty on lawyers and career politicians and round em up for extermination. Then we can start fresh from scratch rebuiliding our country.

But even Jefferson realized that the best men get easily corrupted when in power, and said we would probably have to have a revolution every 20 years or so to throw the bums out. So even if you did away with all known lawyers and politicians, it would not take long for a fresh batch to hatch and ruin everything all over again.

Still, it is good to hear that you at least recovered a fraction of something to make it possible to survive for a while longer!

[Granny]

Sharkey, I am just now reading this for the first time. I wasn't here to go through this all with you. Banks and mortgage companies don't like people with poor credit scores, bankruptcies and the likes, working for them. Jerk #2 very well may lose his wonderful new job over this .

My Landlord sounds like he matches your jerks. He bought up a bunch of property putting little or no money into them, and is being foreclosed on now that the economy crashed. However, now his "partner" is stepping in, buying the foreclosed properties back from the bank at about half what the bank originally loaned on them. Let me see, my landlord and his partner are both realtors. Doesn't hardly seem right . Mine is the next to be foreclosed on, and I am getting evicted by the bank.

I am sure sorry to hear what you have had to go through. It sounds like things might finally be starting to come to an end on this for you, I hope. Hang in there.

[William Biffwinkle]

Granny, you might call the sherriffs dept. and explain that you have been making your rent payments and see if they really will evict. Some counties have not been enforcing the evictions if the renter was paying regularly.

Sharkey,

I really feel almost nauseous after reading what you're up against.

I've been in a bit of a financial pickle the last few years. The 600,000 shares of stock options (the nest egg) that I slaved for over the last 10 yrs, that were supposed to monetize 3 yrs ago are looking to become vapor very soon. That coupled with some health challenges have left me with an empty bag and not much energy to fill it.....so while empathy doesn't help the bottom line I sure do feel for you.

The one thing I do know is that creative, resilient people always seem to land on their feet...even if it wasn't where they were hoping to land.

I still have a small shop and the ability to make things and have been busy so no complaints here. But life is sure different then where I thought I'd be now....

hang in there....

[Dusty]

This is a stunning tale Sharkey , I do hope you are able to get it to work out ok in the end.

I was surfing the net and discovered this author, I don't know if anything she has written is real or just fantasy (I don't know your legal system).

However , it is a hugely entertaining read .

I hope it helps........

http://www.google.co.nz/search?q=Mary+E ... =firefox-a

[graydawg]

,I thought this type of stuff only happened to me. In Feb of 94 I was shot in a robbery, lost 8 1/2 inches of right femur and all the bs that goes with it ie blood clots, not able to walk, etc. then almost lost a payed for mobil home over $200 in lot rent from not being able to work, but sold it for a loss actually
but finished recovering in a dodge MH, my van my only transpotation was totaled while parked next to the MH after he went through a fence and across a field by a drunk , who of coarse had no ins. liscense, from 7 previous DWI's, the next am I see the bailbonds man bring him home from jail with a beer in hand at 8 am then he wanted to fight cause I put him in jail, I layed him out with a pair of forearm type crutches that i was using to walk with, my only satisfaction, I still have the judgement for my van that cost me $60 to file that i did not have at the time to spend, I sold the now totaled van for $800 that was worth over 10x that when purchased the year previous. he was still driving his 2 year old pickup with major dents that someone actually stole the liscense plate off of, wait it gets better ford motor finance repossed the truck 2 months later when someone tipped them to it's whereabouts . I never recieved anything out of the lein but was able to use the MH as transportation as well as a home, sure made me it tough but I survived stealth camping until I returned to work 2 years later, the saga continues

[graydawg]

I finally got back to work and things start looking good (job,finances,even a girl friend) jan 2001 working in the oilfield, try to keep approx 650# from falling on 3 coworkers,messed up 3 disc, fusion L4-5 herniated above+below that i decide to live with, got over that and was back to work hotshotting until dec 2004 was hit from behind with a load of steel, crushed C5-6 vertebra in neck had to get fusion to eliminate migraines, being self employed is not as good as it sounds (ie.insurance, income) the only thing that saved me was being able to live in a RV cost wise, did I mention applied for disability never was able to get it there is a job somewhere that you should be able to do, me and the ssi office do not see eye to eye still to this day. The only thing I ever heard that made sense of this is WHAT DON'T KILL YOU ONLY MAKES YOU STRONGER. SORRY this was so long but I feel a little better now. People ask why would you want to live in a bus, hell I learned to love it, and was so happy when I got the bus I am in now, July 1, I will be 50 and will continue to live in my bus and customize it to fit me and my lifestyle
JAMES GRAYDAWG's driver

[Dennis The Bus Dweller]

Lifes a trip aint it, Life is what happens while your makin plans to do other shit

[Sharkey]

It only took the Federal gov't 352 days to process my amended return and (finally) refund the taxes I paid on the sale of my home in 2006. The amount of the check was 7.8% of the default amount from the failed installment sale.

Jerk #2's Chapter 11 bankruptcy seems to be in an eternal stasis. His latest "plan" is that he proposes disbursing 3% of the default amounts due the unsecured creditors (that's me) in exchange for approving the plan. Of course, "The Plan" also calls for him to retain ownership of six or seven income properties. I would gladly forfeit the pittance 3% by voting "no" on the plan just to see him lose everything. Oh, everything except a $400,000 "primary residence", his Mercedes Benz, etc.

These guys are running a total scam on the court system and apparently succeeding wonderfully. Too bad a Federal Prosecutor couldn't be bothered to take an interest and dig into this farce a bit deeper. I wouldn't see anything from it, but it would be very satisfying to see these criminals behind bars for a few years.