I think a grin is in order. Let us all laugh at the disgrace Rudy Giuliani has become: disbarred; indicted; broke and fleeing the foreclosure orders of various receivers, on the $148 million judgment (for libeling and defaming a pair of mother/daughter Georgia election workers, from last time around — 2020-21!).
We offer this letter/exhibit below in full, in which it turns out Rudy took all the furnishings out of his NY Co-op — despite an explicit federal court order that all that property belonged now to the plaintiffs… and then was reached by phone, by the judge — in the Mercedes, headed to vote in Florida, yesterday… and yep — that same Mercedes must be turned over in Manhattan federal court tomorrow (along with the Mercedes keys).
Rudy had tried to tell the judge he would miss court, because he had “a radio show” to do with Tangerine, tomorrow. The judge simply (and forcefully) told Rudy he could come to Manhattan tomorrow morning, or the US Marshals would come arrest him in Florida at his radio gig, for failure to appear on a standing order of civil disgorgement (now in default). Hilarious. Now it looks fairly likely that the two fine women in Georgia will get title to both the NY Co-op, and the Florida (Miami) condo (as well as the Mercedes!):
…Notably, despite Mr. Giuliani’s apparent assumptions to the contrary, Mr. Giuliani’s “alternative” New York homestead claim and his Florida homestead claim are not two sides of the same coin: one is not automatically triggered if the other fails. Instead, to establish the factual predicates for a homestead claim as to each apartment, Mr. Giuliani must address different facts and a different relevant time period, and it is possible that both efforts will fail. In the parallel declaratory judgment action, either the undisputed facts or the trial record will demonstrate that Mr. Giuliani did not establish a homestead at the Palm Beach Condo prior to the undisputed date of Plaintiffs’ lien on August 8, 2024. Meanwhile, in this proceeding, to the extent Mr. Giuliani’s waiver will be forgiven and he will be given another chance to carry his burden to demonstrate an entitlement to the New York exemption, the revelation that Mr. Giuliani recently vacated the New York Apartment sometime in late September or early suggests that he may be disqualified from claiming the New York homestead exemption under CPLR § 5206(c).
Stated differently, while an individual cannot simultaneously maintain two homesteads, in this situation, it is possible and even likely that Mr. Giuliani both did not have a homestead claim at the Palm Beach Condo before August 8, 2024, and did not have a homestead claim at the New York Apartment when he sought to claim it here — and that consequently, both of Mr. Giuliani’s homestead claims will fail….
Now you know. These are “only the best people” — according to Tangerine. And, to be clear, the $148 million is ALSO a civil state law determination — so Tangerine cannot let/get Rudy off the hook, even if he wanted to. Onward, grinning — a sardonic grin.
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