Robert 'Crab Bait' White consents to losing his houses

[mufc1959]

Any chance of uploading the .pdf somewhere (e.g. DocDroid) and posting the link? I'm banned from Crabby's page and the document isn't available to people who aren't members of his Facebook group.

[AndyPandy]

https://lookaside.fbsbx.com/file/Robert ... nkYzszVImW

Hope this works, enjoy !

[AnOwlCalledSage]

Paragraph 16. Crabbie was a slumlord. No smoke alarms or gas safety certificates at his rental properties. Colour me not shocked!

Of course, the irony is that if he had co-operated with the trustee, he would have been automatically released from his bankruptcy and would therefore have inherited, in its entirety, his wife's share of the property. That he chose not to ensured that he remains an undischarged bankrupt which entitles the trustee to continue his efforts to secure more assets and therefore losing all of what little he had left !!!SUCCESS1!!

And that without going into the dumb stupidity of posting his activities in public forums, where it will be later used in evidence against him.

[Wakeman52]

Skimmed over the pdf.

This could be viewed as a sad situation, but I have no sympathy. It has been totally self-inflicted.

I'm also inclined to think that the valuation of Casa Crab at GBP330k is more than a little optimistic, especially given that no visit was made to the property by the surveyor. They seem to have gone mainly on the details from the sale to the Whites in 2010 and without realising that he's been boarded up in there for over a year.

[hucknallred]

Any chance of uploading the .pdf somewhere (e.g. DocDroid) and posting the link? I'm banned from Crabby's page and the document isn't available to people who aren't members of his Facebook group.

I'm blocked by him too, but just log out of Facebook & go to his Council Tax is a bit of an issue group, it's open for all to see.

[AnOwlCalledSage]

I'm also inclined to think that the valuation of Casa Crab at GBP330k is more than a little optimistic, especially given that no visit was made to the property by the surveyor. They seem to have gone mainly on the details from the sale to the Whites in 2010 and without realising that he's been boarded up in there for over a year.

Zoopla currently estimates £340k-376k. It is apparently 4 bedrooms. If you reverse engineer the figures, it would seem he still owes creditors £92,500 even after the sales of the rental properties, so I suspect they would be more than happy to receive anything.

[Wakeman52]

Zoopla currently estimates £340k-376k. It is apparently 4 bedrooms. If you reverse engineer the figures, it would seem he still owes creditors £92,500 even after the sales of the rental properties, so I suspect they would be more than happy to receive anything.

I was thinking more of the probable damage to the house, such as that caused by his break-in, attempts at security, bypassing meters etc, and the cost of any remedial works, as depressing both the valuation and any likely offers, once he's finally evicted. Zoopla figures are often over-optimistic and haven't so far taken much account of the coronavirus related slump in the market.

It does look as if he bought into 'buy-to-let' at peak price points, with rents just covering mortgage costs, leaving little or nothing for maintenance. The trustee has used the GBP330k figure to estimate a 90p+ in the pound return for his creditors.

[mufc1959]

https://lookaside.fbsbx.com/file/Robert ... nkYzszVImW

Hope this works, enjoy !

Smashing, thanks AndyPandy.

[mufc1959]

Well that was an interesting read. There's an obvious error in the drafting where he confuses the 1st and 2nd Respondents and says that the 1st Respondent (Crabby) has died. But nothing that can't be cured and it won't affect the outcome.

It'll be interesting to see if the judge makes any comments or findings about the CLC. It'd be a slap in the face for John Smith if an actual real court trashes his invented play court in a published judgement.

[exiledscouser]

Well that was an interesting read. There's an obvious error in the drafting where he confuses the 1st and 2nd Respondents and says that the 1st Respondent (Crabby) has died. But nothing that can't be cured and it won't affect the outcome.

It'll be interesting to see if the judge makes any comments or findings about the CLC. It'd be a slap in the face for John Smith if an actual real court trashes his invented play court in a published judgement.

Mufc I’m guessing this is all familiar territory to you and so I have to ask, how do you see this playing out?

I mean the trustee has laid out his plans, no one should be in any doubt of his intentions but will he see them through? Is the language of the docs such that Crabbie will have few cards left to play?

Given the 100+ pages Crabbie has published for us, is this the end of the road?

[TBL]

Well that was an interesting read. There's an obvious error in the drafting where he confuses the 1st and 2nd Respondents and says that the 1st Respondent (Crabby) has died. But nothing that can't be cured and it won't affect the outcome.

It'll be interesting to see if the judge makes any comments or findings about the CLC. It'd be a slap in the face for John Smith if an actual real court trashes his invented play court in a published judgement.

I'd love to see a CLC thrashing as much as the next sane person, but somehow I doubt the judge would want to spend that kind of time other than just to say something about seeing no legal basis for the CLC here.

[mufc1959]

Mufc I’m guessing this is all familiar territory to you and so I have to ask, how do you see this playing out?

I mean the trustee has laid out his plans, no one should be in any doubt of his intentions but will he see them through? Is the language of the docs such that Crabbie will have few cards left to play?

Given the 100+ pages Crabbie has published for us, is this the end of the road?

NatWest put the eviction on hold - and all mortgage lenders have suspended possession action at the moment because of coronavirus. I wouldn't be surprised if, a long time before the current eviction haitus, NatWest had lost its appetite for incurring further costs in this case after the failed eviction and decided to leave it to the Trustee to take action. It seems there's plenty of equity in the property so the bank isn't at risk of negative equity. The delay isn't prejudicing the bank's position, as it'll still get paid in full. But the longer it goes on with another unpaid mortgage instalment plus compound interest being added to the debt owed to NatWest every month, the more this eats into the available equity which the Trustee in Bankruptcy can take.

The Trustee was probably hoping 18 months ago when NatWest took possession that the house would be sold quickly and the equity - after the mortgage to NatWest had been repaid, would go to the Trustee. But as we all know, Crabbie broke back in and an eviction by the bank now isn't likely to in the foreseeable future. So the Trustee has probably realised that if this goes on for another year, then there's likely to be nothing left for the Trustee, and so he's now taking action to try to recover the equity in the property to go towards Crabbie's debts.

I think the case was stated very clearly and I can't see any defence Crabbie might have. I would expect NatWest's solicitors to say they don't object to the application. Swale Borough Council is likely to be sh*t out of luck in recovering a penny, and, as the Trustee said, their interests rank behind his in any event. So even if the Council objects to the application, it's not going to make a whole lot of difference to the outcome.

[ArthurWankspittle]

The council won't bother doing anything is my guess. No point spending money making an application to get nothing back. Might as well leave it and hope they get something from the sale eventually.

[AnOwlCalledSage]

The council won't bother doing anything is my guess. No point spending money making an application to get nothing back. Might as well leave it and hope they get something from the sale eventually.

It seems that reading between the lines, the council has been a little naughty anyway. Council tax debts are handled in bankruptcy and it would appear that Swales applied for interim orders after already knowing about the bankruptcy.

[AndyPandy]

The problem they’re going to have is:

1. Booting him out,
2. Keeping him out

I just can’t see the Trustee forking out 24 hour dog security until the property’s sold.

Does NatWest‘s costs so far get added to the mortgage amount and take priority as Part of the 1st charge or does that fall below the amount the Trustee is looking for in respect to the bankruptcy amount and his fee if he’s awarded control over the property?

[longdog]

The bank applied for a warrant / writ of restitution which means if he re-enters the property he can be jailed for contempt and the bank don't need any further warrants.

[ArthurWankspittle]

Does NatWest‘s costs so far get added to the mortgage amount and take priority as Part of the 1st charge or does that fall below the amount the Trustee is looking for in respect to the bankruptcy amount and his fee if he’s awarded control over the property?

I'm guessing the fees are part of the mortgage as that will be how it is written. Plus the lender can add it to the mortgage and roll it up into the capital so there is no argument that all of the "costs" aren't part of the mortgage. It would not make sense from a lender's point of view if only the capital or capital and interest was priority debt but all the costs were just other debts.
IIRC "writ of restitution" means we had possession but someone else now has it and we want it back to the situation when we had possession.

[mufc1959]

Yes, the costs form part of the mortgage debt, so NatWest will recover all its costs incurred so far. I doubt the Trustee would be able to argue any of those costs haven't been reasonably incurred given the history.

[mufc1959]

The bank applied for a warrant / writ of restitution which means if he re-enters the property he can be jailed for contempt and the bank don't need any further warrants.

That would only be the case if he's evicted under the bank's warrant of restitution, rather than a new warrant issued in favour of the Trustee in Bankruptcy.

[notorial dissent]

So it still boils down to who is legally first in line with their hand(s) out, So even though the bank got Casa Crab in foreclosure the trustee was really there first with a claim in time, it will probably be up to the courts who gets what. Around here, taxes almost always come before anything/one else.

What will probably happen is that the bank will get to finish the heavy lifting since they already have the Restitution Order and get their money back, if they can, and then the residue, assuming there is any, will all go to the trustee, leaving Crabbert with a big fat bupkis. Really really sucks to be him.