Justices appear likely to side with homeowner in foreclosure dispute
Geraldine Tyler, a 94-year-old grandmother, lost her Minneapolis condo when she failed to pay the property taxes for several years. Tyler does not dispute that Hennepin County could foreclose on the $40,000 property and sell it to obtain the $15,000 in taxes and costs that she owed it. But she argued that the county violated the Constitution when it kept the $25,000 left over after the property was sold. After roughly 100 minutes of debate on Wednesday, a majority of the justices seemed inclined to agree with her.
Representing Tyler, lawyer Christina Martin argued that the county had violated the Constitution’s takings clause, which bars the government from taking private property for public use without adequately compensating the property owners. The county, Martin said, could have followed a more traditional path and taken Tyler’s condo, sold it to pay Tyler’s debts, and then refunded the remainder to Tyler. But instead, she emphasized, the county kept the profits too. And if the county’s actions don’t violate the takings clause, Martin continued, at the very least they violate the Eighth Amendment’s ban on excessive fines, because the county’s seizure of Tyler’s property to punish her for not paying her property taxes on time goes well beyond compensating the government for any loss.
The Biden administration filed a “friend of the court” brief in which it agreed with Tyler that the county’s actions violated the takings clause. The justices pressed both Martin and Assistant to the Solicitor General Erica Ross, representing the Department of Justice, on potentially significant differences in the reasoning on which Tyler and DOJ relied to reach that conclusion – specifically, what is the property interest at stake, and when does the takings claim arise?
Ross contended that the property interest is the title to the condo, which is “taken” when the county seizes the title for failure to pay taxes, rather than when the condo is later sold.
Martin characterized her position – which focused on Tyler’s equity in her condo as the property interest that is seized when the government sells the condo and keeps all of the proceeds – as simply another way of looking at the same question, but Justice Sonia Sotomayor resisted that argument, telling Martin that there are “huge” implications to the different arguments. “These are big questions,” Sotomayor said, asking Martin why the court should address the federal government’s argument at all.
Some justices saw a disconnect between Katyal’s theory and how the government deals with takings and forfeitures in other contexts. When Katyal agreed with Kagan that the government could not seize an entire bank account containing $100,000 to pay a $10,000 income tax debt, he explained that the main difference was “mostly historical,” although he allowed that the difference between real property – that is, land and buildings – and other items of property could also play a role.
That distinction left Kagan befuddled. “If the mind rebels,” she said, at the idea that the government can seize a $100,000 bank account to pay a $10,000 tax debt, why should the government be allowed to rely on 13th- or 18th-century history to do essentially the same thing with real estate?
Justice Brett Kavanaugh agreed. “Why,” he asked Katyal, “would we read the Constitution to disfavor real property? That seems counterintuitive.”
You bitch Ex. Had a long mail to be first. Don’t you sleep in CA?
Left, on mattresses. Assume no foam? I switched 8 years ago and it was game changer. Back problems for years. This has helped a lot. Maybe not for all but Dream foam on Amazon with egg crate topper was my selection. 5 star. I’ve had ecstasy moments after long trips, coming back and laying on it.
Hahaha! This AM seeing my wife off to an early AM flight.
Have a sleep number, like it more than I expected to.
Tufts & Needle foam mattress on top of a box spring.
TY on mattresses. Foam I’m told will be too hot for me….I sweat like hell all night already (yeah, I know TMI).
Ex, seriously, looks like you’ve been up 24 hrs straight lol. And thanks on the recommendations…$3k mattress for me and $3.5k books for chi though, looks like we’re in the wrong businesses lol. I’m fundamentally cheap, the idea of dropping that money on a mattress is just mind bending to me.
chi, good luck to your son. Also appreciate the sleep comment, never thought about it in the context of what I breathe next to my face for eight hours…both insightful and frightening….
Was hoping for a few “Amazon brand X is just as good as the brand names” so I could stroke a few keys and have something good just show up this week…guess I know how I’m spending Saturday afternoon now, flopping on mattresses in stores…ugh, I really hate IADLs.
Big hockey game tonight boys.
Left. Whomever is ripping up all the shanties/slum stock on College Ave below Dryden to 366. Putting up real low rise apartment buildings with concrete floors.
Glass building in the circle across from Arts Center where collegetown bagels used to be.
The place is looking a bit more 21st Century, which is probably a good thing. Most of what was removed were annexes with the beer soaked and moldy couches on the front porches.
Huge Asian / South Asian monied demanding students is evident.
No way they let their kid bunk down in schlock, or even some of the 80’s vintage apartment buildings constructed with sticks, not steel and poured concrete.
I have bought 2 of these mattresses for my kids. Highly rated by Consumer Reports and by my children.
Their top mattress pick for years on end is Avocado Green. Bought one about 5 years ago and love it!
Just pumped my own gas. Feels like I’m communing with my car.
$57 to fill. I guess gas price is creeping up again.
PRI graffiti: Eat s’mores not meth
Eddie’s back in Jersey, got home at 3:00 AM. It’s cold and rainy here! Lol. The Lucid headquarters is close to where I was working so I’d walk through their campus during the day to take a break. It’s obviously large. I like the look of their vehicles, don’t like the price tag. Lol.
Sump pump running hard this morning and there is now a river running down the hill out back…No soccer today, and no yardwork either. Probably none tomorrow either as more rain coming. We are supposed to head to Allentown NJ for a game tomorrow morning but I doubt their grass fields will be dry enough. We were just out there Thursday night for a makeup game against the German American club in Trenton next to I95. We won 3-0 and my son scored his first goal this season.
I was going to open my pool early this weekend too. I opened up the cover a few days ago to take a look and it was green as can be. I already shocked it up to a 20 ppm chlorine level to kill off algae and I am running the filter with the cover on to get the water clear. I still have to vacuum up the algae from the bottom but it will all be dead soon.
Elon and Maher went for the jugular last night on the “woke folks” and the indoctrination in the schools…They also picked on merry old England over censorship but China talk was I gather verboten, even though Twitter is officially blocked in China.
Here is the full interview.
I saw a sign for CARS and thought it odd. It would be the last thing I would expect to see around here. I walked closer and realized it was an acronym.
Cayuga Addiction Recovery Services
9:18 hilarious!! Seriously I got my Stearns mattress from a private seller on FB marketplace. Barely touched! Still in plastic. I paid $450.
They needed a mattress with electric functions to raise back & feet. Picked it up and carried it down three flights of stairs.!wrapped in a car cover. Put it on top of my car. Off to the races!
Left you can get a mattress on Amazon but you cannot return it OPENED if you do not like it, good luck getting it back into the box anyway as it is vacuum packed tighter than a straight man at a 4th of July soiree on Fire Island.
Pick one from a store that you like with a return policy if you do not like it, something like 100 nights or something. Nothing worse than having to sleep on mattress you do not like.
As far as price they are all pretty much a rip off. Good luck bargaining.
I sweat like a hog as well. If you sleep directly on mattress then gets hot. The egg crate topper allows air through, but still get even body support of foam mattress. My take..I have not had issue with that at all.
I said this 10 years ago on this blog.
I was told it was covid. I was told it was remote work. No, it’s demographics. Supply and demand is the most important factor. As I always point out, prob best to sell this decade. Demographics going to chit.
In a recent report from the Indiana University Center for Real Estate Studies and the Indiana Business Research Center, researchers said Millennials — who are between their mid-20s and early-40s, are in the prime-homebuying age — have pushed up home prices in recent years as demand outweighs supply.
But the situation will start to reverse over the next decade, as Baby Boomers begin age out of the housing market. Meanwhile, post-Millennial generations will be smaller as population growth slows.
That could lead to an excess of housing, potentially pushing down prices and sparking a crash in the real estate sector.
“Plainly put – a generational housing bubble is on the horizon. New housing built now to meet strong demand may sit vacant in a decade. Demand reversal will intensify by the mid-2030s, when the annual number of homes that seniors add back to the market is expected to be 40% higher than current levels,” researchers said.
For people who sleep hot, try a natural latex mattress. Also very comfortable. Also isolates movement well. There’s a place that sells them in Scotch Plains I think, where you can test it. Cons- expensive and heavy. But lasts.
I prefer lambskin. It just feels better ;)
Ah, here comes nostradumba$$ again. Blumpy, you are clueless if think these buys are healthy. Millennials getting f-ed because of zirp and free CoVid money that allowed Zillow and Blackrock to buy every house. Baby boomers getting massive house / stock gains then buying second homes. The frenzied competition and rise in rates have now locked millennials into no inventory environment for which there is little solution. It should have been natural multi-year cycle of boomer sell to millennials then retire. Those two years of handout and zirp completely screwed them and created massive bubble
Let’s go, Rangers!!
You can sleep naked if your too hot. Just saying.
Doesn’t work this. Boomers are living much longer (at least the ones with money) and understand that millennials skipped 10 years of buying…they skipped a whole entire decade of buying out 10 years.
General public (like 3b) and experts said that they would not buy, that they would rent for the rest of their life in the city. I called bs. I said wait till 2020…there is going to be a wave of millennial buyers that overwhelm supply and here we are. I was laughed at and mocked for this position on this blog.
I was yelling and screaming that wayne and fairfield were the last great values in north jersey in 2017 to 2019 and was laughed at. Oh well. Not bad for the village idiot.
That 2008 crash distorted the housing market for over a decade. Understand this. You know why ZIRP was there? They were trying to entice the millennials to buy and they still didn’t. Not until they were ready to buy, were they going to buy. Low rates didn’t mean chit to them.
“The frenzied competition and rise in rates have now locked millennials into no inventory environment for which there is little solution. It should have been natural multi-year cycle of boomer sell to millennials then retire. Those two years of handout and zirp completely screwed them and created massive bubble”
Who would have thought that the best on point predictions for the housing market could be found on this blog by a teacher. Beat out all the experts. Not because I am the smartest guy in the room, just because I am dumb enough to see the big picture and not focus on all the noise. 5-10 years from now, you guys will all be amazed with my DNA call. “Holy chit, he was right.”
DNA is a big picture bet. It really is. I am betting that synbio manufacturing will go mainstream and I am putting my money on the best company in this field who has a massive lead on any competition. I think stock market will trade sideways this decade while biotech runs. It’s finally time for biotech to go mainstream. It’s going to drive the economy…it being genetics. Biology is taking massive step forward in our understanding of it this time and now. Jump on the train and pick a company to ride now.
This is just the history teacher in me. Big picture.
Big picture- when any new technology came to the economy, had you invested, you would be rich. If you invested in steel when the new tech came out…killed it. Cars when they started going mainstream…killed it. Planes when they started going mainstream…killed it. Plastics…killed it. Computers…killed it. Internet…killed it. Cell phone…killed it(hello apple investors). Electric cars…killed it. Digital currency (crypto) …killed it.
Biotech-specifically synthetic biology manufacturing….killed it.
AI has taken the leap. It was the key to finally unlocking biotech. That’s why this time is different. It is time…
Biden having a little fun with Dark Brandon.
Interesting Elon just tweeted out about publishing to their platform and “Monetization”
all proceeds go to the content creators Twitter takes nothing off the top.
Read an article in The Hill, a survey conducted by PYMNTS( never heard of it) and Lending Club, and it said almost three quarters of Millenials are living paycheck to pay by, a much higher percentage than previous generations.
Two teens, aged 16 and 18, are killed and four high schoolers are fighting for their lives after 19-year-old opens fire at Mississippi house party
AI has taken the leap. It was the key to finally unlocking biotech. That’s why this time is different. It is time…
Too many buzzwords in one sentence.
It’s time. Find a company and ride it. Let me know what you come up with. There are lots of options.
“Big picture- when any new technology came to the economy, had you invested, you would be rich. If you invested in steel when the new tech came out…”
Point you are missing…first you need to be correct on the dominant new technology (how are those nuclear power investments doing over the decades) AND you then have to pick the correct companies in that technology. For every one company that makes it in the new dominant technology, dozens fail (let me know how your Packard and DeLorean stock is doing. Or the nat gas rotary engines powering your car.)
Not saying that DNA won’t be one of the successful companies, assuming the technology matters more than just becoming a process buried in much larger, established pharma supply and service companies…I am saying be careful, best case if everything works out (technology and DNA specifically) it is a service company to the drug discovery sector, not a pharmaceutical drug discovery itself…ie, the real upside will accrue to Pharma assuming this technology takes off AND that DNA is the right company.
Want a history lesson that is not even an echo but a rerun?
The dominant technology of the 1990s (semiconductors) mated with the emerging biotechnology of the late 90s (DNA sequencing)….
Google microarrays, SNP arrays, ChIP on a chip, MicroRNA….the world of drug discovery was going to be turned upside down 30 years ago or so by the ability to lay down sequences of DNA/RNA on microchips for high throughput screening for gene expression of potential therapeutics. Biotech on a semiconductor chip made possible by genomics and the semi industry. Automate the process and explode throughput. The 1990s.
Over a dozen of these companies went public with great fanfare. Another few dozen of substance were in private equity portfolios. They were going to change the world of drug discovery.
Find one. That isn’t a minor product line of TMO or a similar company.
The public companies ceased to exist, the better ones were takeunder M&A…privates mostly went to zero…..
I’ve seen this show before. Getting the future dominant technology correct is hard enough, picking the winners in that yet unknown sector just takes the odds of success to astronomically small, or nearly entirely random.
Ex, no shit I am buying a Stearns and Foster Estate mattress tomorrow….getting sale perks of $200 of swag free (new sheets, pillows) and a $300 credit for any other stuff I want/need…first vendor offered me an additional $300 off MSRP of $2300 as well, I’ll bid him off against another tomorrow….Gotta get below $2k at least cash out of pocket….
Freaking amazing….cannot believe I’m paying that….the drop off in quality though below $1500 list was just amazing, value v price, on the inner spring stuff I was looking at….
Beauty Rest black is nice. One a king sized currently. Speaking of high rollers, v heck out this foreclosure for sale. Looks like the bank scored a deal. Link: https://www.zillow.com/homedetails/4347-Marina-Dr-Santa-Barbara-CA-93110/15905016_zpid/utm_campaign=iosappmessage&utm_medium=referral&utm_source=txtshare
Bank buys it for $3M, market value is $11M….bank asks $21M ….on the market almost a year. Lawwwwd