SCOTUS agrees to hear Home Equity Theft case

komobu · 2023-01-14T21:14:36.570Z

I apologize to the board. I was typing this whole thing out and hit the wrong key and what was there was inadvertently posted. So I edited the post and was adding more info when my wife called me to dinner. Guess where my priorities were.

Anyways, I hope we can all agree that this is wrong and should be changed.

komobu · 2023-01-14T21:17:20.113Z

Thanks for the assist while I was being detained in the dining room.

Safiel · 2023-01-14T23:05:31.492Z

SCOTUSblog

Tyler v. Hennepin County, Minnesota - SCOTUSblog

Independent News and Analysis on the U.S. Supreme Court

Link to Scotusblog record in this case.

https://www.supremecourt.gov/docket/docketfiles/html/public/22-166.html

Link to Supreme Court docket in 22-166, Tyler v Hennepin County, Minnesota.

Of course, this should be decided in favor of the Petitioner, Geraldine Tyler, all the way. The county should have remitted to her any equity beyond the actual tax amount owed. There is zero justification for the confiscation of her entire equity.

FreeAndClear · 2023-01-14T23:20:22.165Z

komobu:

So imagine you own your home free and clear.

Since the thread was addressed to me and i am a home owner i have to respond - the law must be struck down.

komobu · 2023-01-14T23:55:17.961Z

FreeAndClear:

Since the thread was addressed to me and i am a home owner i have to respond - the law must be struck down.

I had to read it twice before I caught it!

Gaius · 2023-01-15T02:14:30.202Z

GrandWazoo:

What exactly is the case about?

If a bank repossesses your home and it auctions for more than you owe, you get the difference back in cash

Same deal in 38 states if the taxman repossesses your home.

But in 12 states it is not so.

EX
Geraldine owed $14,300 she could not pay.
The state (county probably) auctioned her home, got $40,000 for it, and kept the difference. It is definitely unethical and the way they do it is constitutionally questionable.

zantax · 2023-01-15T02:14:38.620Z

GrandWazoo:

What exactly is the case about?

Government theft, ie mafia government. In many states you can owe 2k in taxes and the state can auction your 250k house and keep the difference, Basically sanctioned theft.

Safiel · 2023-04-28T17:30:15.975Z

The Supreme Court heard oral arguments in this case on Wednesday and in fact this was the final argued case of the term.

It appears that the Petitioner has broad support from both the left and right side of court listening to the argument.

Hope she lives long enough to get her money back in person, she being 94 years of age. If not, it would go to her estate. Would at least be nice for her to hear that she won before she dies.

komobu · 2023-04-28T17:34:26.339Z

Is there a way I can listen to the proceeding?

TheDoctorIsIn · 2023-04-28T17:38:17.797Z

I saw Neal Kaytal on Twitter bragging about arguing his 50th case in front of SCOTUS - and it was this one, arguing for the Respondent.

I couldn’t help but think maybe don’t advertise this one.

komobu · 2023-04-28T17:40:23.615Z

Never mind…I found it

https://www.supremecourt.gov/oral_arguments/audio/2022/22-166

Safiel · 2023-04-28T17:48:32.816Z

komobu:

Never mind…I found it

https://www.supremecourt.gov/oral_arguments/audio/2022/22-166

Ok, I was writing out another OP and didn’t see your post right away.

Steel-W0LF · 2023-04-28T19:32:49.089Z

Maybe we need to stop treating property as a landlord/tenant relationship with the government.

If they can take it and sell it, you never really owned it.

Samson_Corwell · 2023-04-29T01:56:48.828Z

Steel-W0LF:

Maybe we need to stop treating property as a landlord/tenant relationship with the government.

If they can take it and sell it, you never really owned it.

That’s the only kind of ownership that’s ever existed, so you really do own it.

WuWei · 2023-04-29T11:14:15.316Z

Mmmmmm.

Are you sure about that?

Guvnah · 2023-04-29T13:53:32.255Z

Gaius:

Geraldine owed $14,300 she could not pay.
The state (county probably) auctioned her home, got $40,000 for it

I don’t understand why the owner didn’t sell it herself and use the proceeds to pay off the tax bill. Had she sold it, not only would she have been able to keep the remainder of the proceeds, but she would have likely sold it for way more than 40K.

This is not to say I agree with the government keeping the equity. Not at all.

Guvnah · 2023-04-29T13:58:21.637Z

komobu:

Geraldine Tyler owned a modest 1br condo. She was harassed near her home so she moved to an apartment. The apartment strained her budget and she fell behind on her tax bill.

There is so much packed into those 3 sentences. And so much missing.

Did she just leave the condo unoccupied? If she was never going to return, she should have sold it right away. Or at least rented it out to cover the carrying costs.

And $2300 in taxes ballooning into an additional 12K in penalties meant that she let this linger for quite a while. That’s a HUGE amount of penalties. Almost 6x the actual tax bill. Clearly she brought the financial problem on herself.

Again, this does not justify the government keeping the remaining equity. Not in the least.

komobu · 2023-05-25T17:40:57.449Z

She got a big win today!

Fox News

94-year-old grandmother gets big win at Supreme Court

The Supreme Court ruled for a 94-year-old woman who claimed Minnesota violated her constitutional rights by keeping a $25K surplus selling her home.

Safiel · 2023-05-25T18:04:48.765Z

supremecourt.gov

22-166_8n59.pdf

147.61 KB

Link to unanimous Opinion of the Court by the Chief Justice.

Excellent outcome.

komobu · 2023-05-25T18:10:26.237Z

Yes…It is a great Outcome. Hopefully this case goes the same way!

Sovereign Immunity? No Problem, Lets try Eminent Domain Politics

This lady in McKinney Texas had her house destroyed by the police who were trying to get the accused out of the house. They lobbed 30 tear gas canisters into the house, and destroyed her garage. She says she has 70k in damages. City refuses to pay. Police have Qualified Immunity. Her insurance refuses to pay. They have riders that do not pay out due to government damage. She reached out to the Institute of justice and they really came through for her. They sued on Eminent Domain and the 5th Ame…

@Safiel I remember you telling me it should be “Sovereign” so I changed the title!