And it just keeps coming...
Our ex-landlord, against whom we won a legal judgment, filed for bankruptcy and purposefully didn't list us a creditors. It wasn't until last week, when we found the house we placed a lien on was for sale, that Matt got in touch with the title company was told Batshit was "in talks" with a bankruptcy lawyer. ...Well of course, after a lot of digging, and because bankruptcy documents are open to the general public, we found that she did indeed get discharged from her bankruptcy - last December.
This is where it gets complicated.
We didn't file the lien until January and by law, creditors are not allowed to approach or contact the debtor, let alone put liens on their property, during or after bankruptcy proceedings. Oops. ...But the fact is, we weren't listed as a creditor. We weren't notified... We weren't given our moment in court to convince the judge of why this should not be dismissed like every other creditor had the opportunity to do.
So we stressed and went back and forth about whether we should remove the lien. We were scared that if given any cause, Batshit would file a claim against us. But when Matt arrived at the courthouse to submit the lien removal paperwork, he was informed that if we lift the lien, we are basically exonerating her from any debt owed to us. (Enter the sound of squealing tires).
Come to find out, (but only after more stressing) we are in fact NOT liable for the lien if we weren't informed. Period.
So now we're left with three possibilities:
1) That our judgment stands and we will receive its payment in full by the time escrow closes on her short-sale.
2) That even if we weren't listed as creditors, her debt to us is completely zeroed out and we are responsible for removing the lien.
3) Last, and my favorite second only to actually getting paid, is... That our debt is still zeroed out, but because we weren't aware of the bankruptcy, it is Batshit's responsibility to get the lien removed. ...I'm told it's not cheap.
(I suppose the fourth would be her filing a law suit just because she really is batshit and will take any opportunity to piss us off........)
So in sum, Kids... What have we learned here today?
1) Crazy-ass, legitimately evil people are not just made up in movies.
2) Even if you go through all the trouble to get what's rightfully yours doesn't mean that it will actually become yours again.
3) And last, to check and check again on a party you're considering doing business with. Check their background, check their history, and above all, check their sanity.
Thursday, August 6, 2009
They weren't kidding when they said it's not fair
at 6:39 PM
Labels: Business, Grumbles, Life and All its Glory