Frustrated with our legal system

[LuckyDuck]

The mortgage is a legal construct for a secured loan. The collateral is the property. The lender has a legal lein to that collateral should you not meet the terms of the contract. When you write a mortgage contract, there has to be a legal connection defining ownership back to the mortgagor. If you were not on the deed, there is no such connection. The lender cannot attach a lien to the property since you are not a legal owner, thus making it an unsecured loan. If you walk away, they are left holding the bag. They would never approve of such a scenario.

The deed is a legal construct that provides proof of ownership. The number of owners is irrelevant. In your case, you are joint tenants of the collateral, the property, even though your wife is not listed as such on the deed. Her claim to ownership is that she is your lawfully wedded wife. The lender still has the primary right to foreclose should YOU, the mortgagor, not meet the terms of the obligation. Your wife is second in line.

If you are not married and you add someone to the deed as a co-owner, it is your prerogative. Nothing I would recommend. From the lender's perspective, it doesn't matter. They have the primary lien should something run afoul. They always come first. The other owners stand in line.

Again-

An excellent explanation. Appreciate you filling in the blanks with that one.

-LD

 

[LuckyDuck]

I stopped reading at " he was dating a single mom" and " he put her on the deed". WTF.

Fair enough-

Give me some credit though- I didn't try to alter the story to skew how it came across. I did try to stick with the facts and to your point (and as I mentioned)- yeah he REALLY fucked up there.

That being said- I can't help but wonder if the one component in my story regarding gun rights would have occurred regardless of that particular element.

-LD

 

[TheBigCountry]

 

[Im2bent]

View attachment 8606137

You had to ask.....

 

[diggler1833]

I'm sorry to hear that (sincerely),

I doubt it's of any consolation to you but I'd "bet my hat" plenty here can personally relate to your post. The system isn't right (I know it's plain language but it's easier to say it fucking blows and is but a caricature of what it is supposed to be, a system about justice, real justice not an arm to 'fix' perceived social injustices).

All I can add to your remarks is at least one stranger out there in internet-land at least understands what you've been dealing with and hopes you're able to buy the most bad ass car/gun/whatever blows your skirt up when you finally can recoup that monthly payment. If for no other reason than for spite and give yourself something to smile about.

Hang in there sir.

-LD

Man, I remarried into the best situation I could ever have. Got me back in church, pushed me to get an education, let's me spend whatever I want (can afford) on firearms...etc... etc...

Plus she's a hard-line conservative, Christian, and outdoors lover who can fix me up from my injuries (because those are frequent here on the ranch).

Plus her family is worth a few $mil

 

[TheBigCountry]

Man, I remarried into the best situation I could ever have. Got me back in church, pushed me to get an education, let's me spend whatever I want (can afford) on firearms...etc... etc...

Plus she's a hard-line conservative, Christian, and outdoors lover who can fix me up from my injuries (because those are frequent here on the ranch).

Plus her family is worth a few $mil

So your adopting me now or what?

 

[TheBigCountry]

You had to ask.....

The novellas are awesome. They brighten my day.












Not. Should have stuck to the sex toys.

 

[LuckyDuck]

My brother got married to his first wife in New Hampshire and they lived there. First in Seabrook and then in Exeter.

She turned out to be crazy after they had a child, a daughter. One time, she hauled off and hit him and he could have knocked her out. By that time, he had his black belt in karate for a number of years. But he kept his cool and called the police and she got charges of domestic battery.

Which still did not get her custody rights taken away. When they divorced, he specifically requested the state garnish his wages for the child support. This means they took money from his check and then the government wrote her a check. That way, she could not say that he didn't and then get him thrown in jail.

Later, she was suspected of arson when a fire burned down the house she was living in.

Eventuallly, my brother got full custody and raised his daughter to adulthood and now she is grown and has a kid.

So, in that case, my brother was smart and used the legal system to keep himself out of trouble.

From one newly "self-proclaimed" pit master to a true 1st class brisket smoker- you have a very smart brother. Or at least a brother that got smart quick after making a common mistake.

Joking aside- I'm glad things worked out in this scenario and I'm inclined to believe that the biggest "winner" in this one was the daughter they shared.

Appreciate the input.

-LD

 

[LuckyDuck]

LD

There are many times I do agree with your opinions/perspective, but this isn't one of them.

Your friend made some poor decisions. Perhaps he had a poor attorney who didn't explain the possible consequences of his action to add her to the deed before being married.

This isn't a fault of the system, it is a fault of the individual. Accountability is important.

Sorry if that is hard to hear.

Oh you are 100% correct on that and I completely agree with you.

He made a very dumb decision with the woman with regards to the house he bought for them. No argument from me at all.

The fault is likely of my own doing for not being able to succinctly state an opinion without getting lost in the weeds.

The "umbrage" I take with the system in this particular case (I don't get an opportunity to use that term often enough) isn't with the mortgage mess he's in (that's mainly just a detail that's closely connected to the story I'm sharing). The 'bonkers' part of the story/what's tied to the system (and largely what's relatable for the vast majority of people here) is my buddy got involved with a single mom with a kid (trust me there was ZERO attorney involvement before his "great idea" turning south)

The relationship turning south happens, but the fact that the woman was then able to file a PFI (honestly I'd never even heard of that acronym before this got dropped on me) based off of her accusations alone & then to use the child as a leverage point supporting her reasoning to file AND then have the courts uphold it AND then as a result send the sheriff to his crummy apartment he holed up in while trying to make it work to take his firearms away AND also to block him from purchasing firearms AND also being put on the defense and having to "pony up" the money to fight what essentially is an accusation based off of one person's word against the other is what I find to be a fault of the system.

This is likely where I lost you (and also hopefully explain why I included it in the post/albeit likely not clearly), the reason why he can't afford the legal costs to fight the PFI and restore his 2A rights is because he put all of his available capital into the house and what he's earning now is dedicated to that court battle and he had to file something along the lines (again not a lawyer so I'll avoid using 'official' terms and just use plain language) "I got your PFI, I don't agree with the nonsense used to file it against me but agree to abide by whatever conditions until I can sort my other shit out and go back to this".

I "hope" that clarifies what I had originally intended to highlight as being the topic I was frustrated with most recently in regards to the legal system. My apologies if I got myself wrapped around the axel and as such lost my intended message in my original posts.

No offense taken on my end at all either- if anything I just appreciate you pointing out that I wasn't clear there. Hopefully I was able to shift fire and focus on the specific issue I was expressing frustration with. Thanks for keeping me honest.

-LD

 

[Bullfrog08]

Marrying a woman in 2025.....fucking retarded!

 

[LuckyDuck]

The novellas are awesome. They brighten my day.












Not. Should have stuck to the sex toys.

Of course you can't help yourself but to "swoop in" any chance you get am I right?

There's a few ways I can go about responding to you but I'm going to go with this one-

I wouldn't wish what my buddy (one of your devil dog brethren) is going through on anyone and that even includes you. I clarified it in a recent post but while he did make a colossally dumb choice (of which he's paying handsomely for in legal fees) the issue I initially was bringing up is that the threshold to strip someone of their rights is so incredibly low (and goes into effect based off of one party petitioning for it).

Think of me what you will but one thing I will wish on you is- that you'll always have a battle buddy at your side that you can talk to about these type of issues. And I hope that battle buddy cares enough about you that whatever burden you share with them bothers them enough to keep them up at night worrying about you (and for your own sake alone) that they're willing to share the story on a forum with people just waiting for an opportunity to shit on the posts as they have nothing better to do, but they do it anyway. I hope you will always have that kind of friendship in your life.

-LD

 

[LuckyDuck]

Marrying a woman in 2025.....fucking retarded!

It's certainly entering into a legal agreement that has the cards stacked against you.

But in this particular instance- he didn't even marry the woman, she still was able to use the courts against him (which they did) and she did it for no other reason than her own personal satisfaction of knowing she had him by the balls and wanted him to know it.

Again- they don't even need a marriage license, just a sympathetic judge.

-LD

 

[TheBigCountry]

Of course you can't help yourself but to "swoop in" any chance you get am I right?

There's a few ways I can go about responding to you but I'm going to go with this one-

I wouldn't wish what my buddy (one of your devil dog brethren) is going through on anyone and that even includes you. I clarified it in a recent post but while he did make a colossally dumb choice (of which he's paying handsomely for in legal fees) the issue I initially was bringing up is that the threshold to strip someone of their rights is so incredibly low (and goes into effect based off of one party petitioning for it).

Think of me what you will but one thing I will wish on you is- that you'll always have a battle buddy at your side that you can talk to about these type of issues. And I hope that battle buddy cares enough about you that whatever burden you share with them bothers them enough to keep them up at night worrying about you (and for your own sake alone) that they're willing to share the story on a forum with people just waiting for an opportunity to shit on the posts as they have nothing better to do, but they do it anyway. I hope you will always have that kind of friendship in your life.

-LD