Watch it!
Also, her authoritative source for her original accusation of bias was a slimy tabloid citing unverified claims from an anonymous source. I’m surprised Habba didn’t claim bias because Roberta Kaplan was actually Judge Kaplan’s secret illegitimate love child and that’s why she had the same name. I continue to be astonished by how stupid Habba is.
So, has Trump posted the bond in preparation for the appeal? And if not, how long before Carroll and her team can start claiming real estate?
Within 30 days of the judge’s written judgment.
There is often a lag of a few days to a few weeks between the verdict and entry of the final judgment. And then, as dougrb points out, they have 30 days to appeal. In the meantime, they’ll file a motion for a new trial, etc.
If Habba is filing these motions, I can’t wait to read them and the response.
She may well cite the famous case of Rubber v Glue.
The Motions are one thing - its generally the responses that I find the most fun to read.
Alien v Predator
Joe v The Volcano
Scott Pilgrim v The World
Man Utd v Liverpool
You can’t just ignore all the precedent.
I’d love to see Trump do his usual schtick and refuse to put down the bond. And then Carroll taking out a lien on Mar-a-Lago and giving the Trumpster 30 days to clear out. While I’m sure my fantasies won’t come true, I’m also pretty sure that there will be lots of fun ahead.
I thought a lien just meant you can’t sell it with out paying up. Am I wrong?
You can sell it, but the buyer must know they are responsible for paying the debt.
No, you’re not wrong, but still, a lien can indeed be the first step toward repossession:
A property lien can be granted for repossession of a real estate property, car, boat, or equipment. A tax lien can also initiate a legal claim by the government to the property of a taxpayer which may include bank accounts, real estate, and automobiles. A lien is generally the first step a creditor will take to seize property. It provides notification to the debtor that action is being taken.
Property Lien: Definition, How It Works, and Legal Rights
But if Carroll never previously possessed it, how could she re-possess it.
In my limited experience, folk are using the word lien to mean something more than it is. Collection on judgements an be extremely tricky.
IANAL and may be using the wrong terminology, but the bottom line is that Carroll is entitled to seize assets owned by Trump if he fails to properly appeal and put up the required bond equal to the full amount of the judgment, or if he loses the appeal. Although I guess in the latter case the bond money automatically goes to Carroll.
A previous post:
Yes, but he’d just say that big, strong men with guns came up to him with tears in their eyes, apologizing that they had to take away his stuff.
Right - there’s at least one case that became famous where a bank just never paid a judgement to a customer, and it ended with the court sending a deputy(?) into the local branch and literally taking cash from the drawer, snatching computers, etc. As I recall the branch manager quickly got authorization to write check.
The question, however, is whether or not she wants to. Also, would she be ‘forced’ (required vs entitled) to?
What I mean is, that judgement was based on, at least in part, his bullshit property values. If he writes her an $80m check, she gets $80m. However, if he gives her an “$80m” property that’s only worth $20m, she’s leaving $60m on the table and she may not have a lot of recourse.
And, with that, what happens if she has them appraised first? An appraiser would value them considerably lower then Trump’s BS numbers, which would mean his net worth is lower than he claims it is and since the judgement takes that into consideration, it would be wrong as well.
As for my question about her being ‘forced’ to take it, what I mean is, is Trump allowed to give her properties instead of cash or does that only happen if she puts a lien on his property. But even then, the value of his properties will come into question.
And, as I’m thinking about all this, if he isn’t forced to come up with the cash for her (so, sell off his properties and give her the proceeds), he’ll be able to delay paying her for the foreseeable as we watch another round of lawsuits to determine property values. If it actually comes to that, I hope the judge determines that the absolute best, most accurate way to decide, once and for all, what his properties are worth is to put them on the market and see how much someone is willing to pay for them…then sell them and give her the proceeds until she has her money.
ISTM, based on the corner I think he’s backed into, the right move at this point would be to see how much cash he can scrape together and see if she’d accept it as a settlement. While it’s entirely possible she’d rather this judgement be a giant thorn in his side even if it means never seeing a nickel of it. For all I know, she’d be happy to wash her hands of all this for $20m.
I assume the government would use government assessments, which were all significantly lower than Trump’s claims.
Mar a Lago, for example, is valued at less than 40 million by Palm Beach County.
If a person could pay debts using bullshit valuations, debt would be meaningless. I owe you a billion dollars? Here, take my '88 Honda Accord, it’s easily worth that much.
If you say it’s worth more, you could get back the difference!
Hey if it was good enough for the Son of God…