Latest / Journey to the Fringe / Fringey Mini: a lawsuit of emOceans
Transcript
- 0:00Okay, Chelsea, you took some scheme from my rich
- 0:04people's emotions theme of fringing minis. Yeah.
- 0:08So I do have to take this back and it is with...
- 0:11You're reclaiming it. I am reclaiming it with
- 0:14this beautiful story. Okay. This comes from Boston
- 0:19.com, written on August 4th, 2026. Article title,
- 0:25Cape Cod Homeowner. Suze says banks should not
- 0:29have given him $5 .5 million mortgage for mansion
- 0:33at risk of collapse. Oh, God. Before he became
- 0:36known as the guy who paid $5 .5 million for a
- 0:39house threatening to tumble into Cape Cod Bay
- 0:41and later as the plaintiff, John G. Bonomi Jr.
- 0:47was just a man who had fallen in love with a
- 0:49piece of real estate. And that, that right there
- 0:52is how you do journalism. Anybody who is studying
- 0:56it, take notes. Yeah, that was beautifully written.
- 1:00As I will now know. The shingled house perched
- 1:02on the edge of a well -fleek cliff was mammoth,
- 1:05with sunset and water views, an Instagram -worthy
- 1:07kitchen, and so many en -suite bathrooms you'd
- 1:10never get rid of house kids. So many. And if
- 1:13grim and widely reported environmental assessments
- 1:15about catastrophic erosion and ongoing legal
- 1:18actions made the price tag a little high, well,
- 1:21who among us hasn't ignored red flags and geotechnical
- 1:24engineers and listened instead to our hearts?
- 1:27Yeah, did you hear how many ensuite's there were?
- 1:32And that, dear reader, is the crux of the John
- 1:35Bonomi v. JPMorgan Chase Bank, a case making
- 1:39its way through the United States District Court
- 1:42of the Southern District of New York. Bonomi.
- 1:45a retired new york attorney is alleging that
- 1:47the bank shouldn't have lent him the money because
- 1:50and this is directly from his own suit quote
- 1:53no rational person would have considered purchasing
- 1:58the property and certainly not at the full asking
- 2:00price end quote it's been said that the definition
- 2:03of chutzpah or chutzpah i think is how you're
- 2:07technically supposed to say it is killing your
- 2:09parents and then pleading for mercy because you're
- 2:11an orphan does applying for a mortgage and then
- 2:13blaming the bank for giving it to you also qualify?
- 2:16Bonomi's claim may sound implausible, like the
- 2:21insanity defense, but for a mortgage. But is
- 2:25it? Bonomi says that he has bipolar disorder,
- 2:28and in New York there is a legal precedent for
- 2:30allowing a mental health condition to be the
- 2:31basis for invalidating a contract. We'll get
- 2:35to the psychiatric and legal expert analysis
- 2:37of that question in a moment, but first, to the
- 2:40suit. in which bonomi seeks to avoid mortgage
- 2:42and note for 3 .85 million dollars plus interest
- 2:47in damages and attorney fees he's seeking a jury
- 2:49trial quote Plaintiff was acting under an uncontrollable
- 2:54manic psychosis at the time he entered into the
- 2:56mortgage. And note, end quote, the suit filed
- 2:58in October of 2025 reads, quote, it is a recognized
- 3:02diagnostic fact that a symptom of bipolar disorder
- 3:05is irrational risk -taking and impulsive behavior,
- 3:07including reckless spending, end quote. The bank,
- 3:11Bonomi alleges, should have known better. Quote,
- 3:13defendant was aware or willfully avoided acknowledging
- 3:16that plaintiff was not at that time competent
- 3:19to enter into the mortgage. end quote. JPMorgan
- 3:23Chase initially sought to have the case dismissed,
- 3:25but in May, it answered Bonomi's complaint, quote,
- 3:28to the extent a response is required, end quote,
- 3:31it read, quote, Chase denies the allegations
- 3:34contained therein and leaves plaintiffs to his
- 3:36proofs, end quote. Justin Page, a spokesman,
- 3:39said JPMorgan Chase had no comment. But wait,
- 3:42it's one thing for a potential buyer to be in
- 3:44the grips of a real estate fantasy, but didn't
- 3:47the bank require an appraisal before signing
- 3:49off on the mortgage? What did it say? In an email,
- 3:52Bonomi's attorney said the bank, quote, claims
- 3:56it showed John the appraisal, but in fact, he
- 3:59never saw them. They must have been pretty high
- 4:01to allow the bank to loan so much money, end
- 4:04quote. in 2021 the same year bonomi made his
- 4:07purchase the town of wellfleet assessed the property
- 4:10value of 4 .3 million In an attempt to show how,
- 4:13quote, seductive, end quote, the house was, Bonomi's
- 4:16legal filing included a link to the real estate
- 4:19agent's marketing video. It's three minutes of
- 4:22airy interiors and drone footage of windswept
- 4:24dunes set to classical music. By the time a bird
- 4:28swoops by in the achingly blue sky, a bald eagle
- 4:31perhaps, Nicole Kidman herself would not seem
- 4:34out of place. the 5 000 square foot plus house
- 4:38oh my god located on a coastal bank within the
- 4:41cape cod national seashore was born in controversy
- 4:44posed by the national park service but ultimately
- 4:47built anyway in 2010 on the narrow strip of beauty
- 4:50between cape cod bay and wellfleet harbor by
- 4:54a couple named mark and barbara blash around
- 4:56the cape the blash house as it is still known
- 5:00has long been the subject of gossip resented
- 5:03for intruding on sacred space quote the whole
- 5:06thing has been preposterous from the start end
- 5:08quote said corinne demas professor emerita of
- 5:12english at mount holyoke college and writer who
- 5:15has lived in the wealth fleet part -time for
- 5:17about half a century quote you take some people
- 5:21with enormous ego and vast amounts of money who
- 5:23say quote, within a quote, I guess, I'm going
- 5:25to build a house where no one thinks a house
- 5:27should be built, end part quote, within a quote,
- 5:30end full quote, she said. Like a celebrity spinning
- 5:34out of control, the Blash house was catnip for
- 5:37the media. It's every stumble covered, a Shakespearean
- 5:40tragedy, if the Bard had been interested in land
- 5:43court. The story never stopped. Quote, Blash
- 5:45wins lawsuit, Wellfleet, Trophy Homes, we'll
- 5:48stay. End quote. A 2009 Wicked local headline
- 5:52read, quote, sacrificial sand won't stop erosion
- 5:55at Blash House. End quote. The Provincetown Independent
- 5:58reported in 2020 and then the next year, quote,
- 6:01giant seawall plan is turned down again. End
- 6:04quote. And so on. Bonomi bought the house in
- 6:07November of 2021 and the headlines continued.
- 6:09They chronicled his unsuccessful attempt to sell
- 6:11the house for a million, less than he paid. His
- 6:15attempt to blame the home's predicament on the
- 6:17town for refusing to let him build a stone reventment.
- 6:20And then perhaps inevitably, as its seemingly
- 6:23imminent tumble into the sea posed an ever more
- 6:26urgent environmental threat, its end. Quote,
- 6:30controversial house on a road in Cape Cod bluff
- 6:32demolished by homeowner. end quote the globe
- 6:35reported on february 26 2025 and that seemed
- 6:38to be that with excavators clawing into the house
- 6:41and tearing it apart piece by painful piece and
- 6:43gawkers gathered to watch the spectacle the demolition
- 6:46of 1440 check -a -set neck road had series finale
- 6:50vibes but no it was just another pivot point
- 6:53with the action simply moved from the cape to
- 6:55a new york courtroom thomas moore bonomi's attorney
- 6:59said he had nothing to add to the legal filing
- 7:02he declined to provide a phone number for his
- 7:03client and said he would not advise bonomi to
- 7:06talk to a reporter he does not know of any case
- 7:09in which a similar argument has been used to
- 7:11avoid a mortgage he said in an email as for bonomi's
- 7:14claim that he shouldn't have been given a mortgage
- 7:16it can sound far -fetched to a lay person experts
- 7:20say there is no question that a person with bipolar
- 7:22disorder experiencing mania could spend an extraordinary
- 7:25amount of money and chelsea i'm just gonna quickly
- 7:28share my screen here because they included a
- 7:31picture of this house which i think is just like
- 7:34you should be able to see it so Yeah. Look at
- 7:37this thing. That's a pretty nice house. I want
- 7:39to buy it. You know what? Because I live in the
- 7:43Okanagan, which has a very large cliff on one
- 7:47side. I'm kind of surprised. It has like a very
- 7:50steep stairs going down to the beach. Yeah. And
- 7:53I'm just wondering, why wouldn't they have one
- 7:55of those like escalators down? Like it's a $5
- 7:58.5 million house. Yeah. I was just going to say
- 8:01it's pretty expensive. So yeah. Why not nicer
- 8:04stairs? I just see, I don't see why that's where
- 8:07you skimp to go down to the beach. Yeah, that's
- 8:09true. I mean, you could just have the beach road
- 8:12and then you're more beachfront. No, but you
- 8:15still have to go down. Well, that's where the
- 8:19sea levels rise and come into play. No, and that
- 8:22becomes a fair point too, Chelsea, that they
- 8:24realize when they're building it that this was
- 8:26a doomed thing, that they just put in shitty
- 8:28money on the stairs because they were going to
- 8:30get eroded away. And they're like three inches
- 8:33from the back of the house. Yep. But yeah, I'm
- 8:37glad you could see the house. Thank you. quote
- 8:40but it's complicated end quote said annie harper
- 8:42an assistant professor of psychiatry at yale
- 8:44university who studies the intersection of finances
- 8:47and mental health quote for me the bigger question
- 8:50is how do we set up a system that can minimize
- 8:52the depths of the finance catastrophe that can
- 8:55be caused by the situation end quote among the
- 8:58potential remedies she and other scholars are
- 9:00studying an advanced directive in which the person
- 9:03themselves would specify when their own spending
- 9:05should be stopped Another is empowering a trusted
- 9:08individual to get an alert when the over -specified
- 9:11amount is about to be spent and options to reverse
- 9:13large payments. Quote, But it's really important
- 9:16to strike a balance, Harper said. You can't assume
- 9:19that because someone has had one manic episode,
- 9:23they're going to have another, or that because
- 9:25they have a particular diagnosis, they are going
- 9:27to behave in a certain way. End quote. Beyond
- 9:31the agency of individual and the financial consequences
- 9:34a single person might face, there are the legal
- 9:37issues. A foundational case on mental capacity
- 9:39and contract laws, or TELERAE, the teacher's
- 9:43RETBD of the city of New York. And I don't, it's
- 9:47RET .BD. And I'm not sure what those stand for.
- 9:51So it sounds awkward. But anyhow, the 1969 case
- 9:55involved a New York City school teacher who elected
- 9:57to change her retirement benefits two months
- 9:59before her death from natural causes and her
- 10:02widower. ultimately successful, allegation that
- 10:05she was not mentally competent to do so. In that
- 10:07case, the appellate court ruled that a contract
- 10:09may be rescinded if the executing party, quote,
- 10:12was laboring under a mental defect that prevented
- 10:14acting in a reasonable manner and the other party
- 10:17knew of the defect, end quote. According to,
- 10:20quote, retrospective assessment of mental state
- 10:23in criminal and civil litigation, a clinical
- 10:25review, end quote, a forensic psychiatry textbook.
- 10:29But when I ran the Wellfleet case by Ethan Libb,
- 10:32a professor of law at Fordham Law School, he
- 10:35said that Bonomi faces a, quote, difficult burden
- 10:38of proof, end quote. For one thing, Libb said,
- 10:41how was JP Morgan supposed to know that Bonomi
- 10:44was in a manic phase? And considering that the
- 10:46town's $4 .38 million reported assessment, he
- 10:50said how extreme was a $5 .5 million sales price
- 10:53in a speculative real estate market? lib said
- 10:57in details in bonomi's suit about bonomi's mortgage
- 11:00payment made him question the use of the alleged
- 11:02manic phase as a claim quote from november 2021
- 11:05until september 2024 plaintiff paid chase 21
- 11:09053 .5 per month the suit reads quote the plaintiff
- 11:15then ceased making any mortgage or tax payments
- 11:17as it was becoming clear the home likely was
- 11:19not going to be salvageable end quote quote the
- 11:23idea that he stopped paying that's a rational
- 11:25person doing calculations and quote lib said
- 11:27quote courts in new york care if people trying
- 11:31to rescind their agreements have lucid phases
- 11:33where they recognize the bindingness of their
- 11:36contracts after they form, end quote, he added.
- 11:38Quote, even if they form under conditions of
- 11:41a mental defect, end quote. The land on which
- 11:44the $5 .5 million mansion once stood, and which
- 11:46is still owned by Bonomi, according to his attorney,
- 11:49was reassessed by the town of Wellfleet and as
- 11:52of January 1, 2025, valued at $385 ,000. Meanwhile,
- 11:57as the humans plot their next step, the marine
- 12:00life in Cape Cod Bay has weighed in. On a recent
- 12:03afternoon, Demis, the longtime summer resident,
- 12:06was wading in the area at low tide from the sea.
- 12:09She heard a pod of seals caterwauling. Quote,
- 12:12it was as if the seals had been watching this
- 12:15human folly. End quote, she said. And that's
- 12:18the end of the article. I wonder if, like, uh...
- 12:22i don't know how to put it like if this wasn't
- 12:24a house that was gonna fall into the ocean like
- 12:27obviously he probably wouldn't still be making
- 12:31this claim or having this lawsuit i'm assuming
- 12:34To be fair, I don't think you'd find yourself
- 12:37in this particular situation had it not been
- 12:40falling into the ocean. Yeah, that's true. So,
- 12:43I mean, whether you're bipolar or not, like,
- 12:46I don't think that you necessarily go and sue
- 12:49the person giving you a mortgage unless it's
- 12:52falling into the ocean. Yeah. No, he's looking
- 12:55for an out, and that's... This article... weirdly
- 12:58enough for how much i just read they did not
- 13:01once really talk about global warming being the
- 13:05cause of what's happening here yeah well it's
- 13:08interesting it's a farcical story but like this
- 13:12is one of those things where we've said from
- 13:15the start with our rich people's emotions yeah
- 13:17theme of stories that they're looking for any
- 13:20out they can possibly get because rich people
- 13:23bear no repercussions in our society And that
- 13:26was my kind of train of thought of I wonder what's
- 13:30going to happen to these people as it starts
- 13:33happening more and more. Do you think there's
- 13:35going to be like a bailout of some sort? Like
- 13:37you have to think that someone eventually is
- 13:40going to do something. Do you think? There will
- 13:43be a bailout of some kind, but... Until that
- 13:46happens and how it's assessed, I do think we're
- 13:50just going to keep getting, and I said this from
- 13:51the start, we're going to keep getting outlandish
- 13:54ways to avoid the loss like this. And I love
- 13:58this. And this, I got to say, Beth, Beth Tietel,
- 14:02you did a great job. Beautifully written story.
- 14:05You needed to talk about the climate change issue.
- 14:08She might be an orca. But no, no, the orcas would
- 14:11have said something about climate change. It's
- 14:13true. And I think we're still a ways off of something
- 14:17actually happening because for something actually
- 14:20happening, they would have to admit climate change.
- 14:22And right now they're just going in the exact
- 14:24opposite direction. Yeah. So I think we still
- 14:27got like a little bit to go with this and just
- 14:31see what else they start coming up with in order
- 14:33to play the game. But I am liking the creative
- 14:36approaches the rich people are taking. I don't
- 14:39know if it's creative, but... I think your house
- 14:43falls into the sea and you say, I was actually
- 14:46under a manic episode when I bought this five
- 14:48years ago. Let's void this mortgage. Yeah. I
- 14:52think that's pretty creative. Yeah. And I'm not
- 14:55saying in a good way. In a good way. This is
- 14:57kind of like how Trump makes really shitty arguments,
- 15:00but they are creative. I don't know that I would
- 15:05call them creative, but... Maybe we have different
- 15:08definitions. Yeah, fair enough, fair enough.
- 15:10Creative might be a very different word in our
- 15:12minds. Yeah. But anyhow, you guys got 48 hours.
- 15:17You call your bank, see if you can get your mortgage
- 15:19voided. We accept no liability for any issues
- 15:22that come from this. As you know. Yes. Anyhow,
- 15:26bye. Bye.