In More Evidence That Judges Have Had it With Banks, Yves Smith points to Phillips v US Bank, N.a., Sup Ct Carroll Cty Ga.20111102, which (assuming it is real), can only be called a epic dismissal of a complaint.
Recent Bluessky Posts- Israel may notch some tactical successes with its aggressive policies against West Bank settlers, Gaza, Southern Lebanon, and of course maybe maybe Iran, but I foresee a major strategic defeat in the expansion & entrenchment of international pariah status plus loss of support (and $) from the US. March 25, 2026 Michael Froomkin
- So I know the USAO say that the error was not due to “lack of diligence and care” by the signing attorneys. If they’re underbussing the ICE attorneys I fully expect them to waive privilege between ICE counsel and the USAO on this, and for ICE counsel to testify about whether this was intentional. March 25, 2026 Will Li
- All talk. Great talk, but that's not enough for this moment. March 25, 2026 Michael Froomkin
- Jotwell Crim: Ji Seon Song, The Ideology of Community Supervision, JOTWELL (March 26, 2026) (reviewing Renagh O’Leary, Supervising Sentencing, 57 U.C. Davis L. Rev. 1931 (2024); Renagh O’Leary, Ideological Testing, 103 N.C. L. Rev. 909 (2025)), crim.jotwell.com/the-ideology.... March 25, 2026 Jotwell
- Ex-congressman David Rivera trial (illegal lobbying, not election fraud as usual) tidbit: Defendants "referred to Mr. Rubio as “el cubanito,” or the little Cuban, ...; Mr. Maduro was “el guagüero,” or the bus driver, and Mr. Trump was “el loco,” or the crazy one." www.nytimes.com/2026/03/24/u... March 25, 2026 Michael Froomkin
I was struck by the complete lack of legal citations in the order. That makes me skeptical that the order is real.
The lack of legal citation in an order is nothing new in state court practice. What stuck me as unusual is that the Judge would have written an order at all. If state court practice in Georgia is anything like it is here, the motion would have been heard in open court, the judge would have issued a verbal tongue lashing, the parties would have walked outside and hand-written a vanilla order with no findings of fact or legal citation, and the judge would have signed it without reading it.
As for a bank denying modification, I have handled a hand full of foreclosure cases on the defense side, and have spoken to lawyers who handle dozens (if not hundreds) of these cases. The consensus seems to be that there are two standard answers when the defendant asks for a modification: 1) “No because you make too much money and never should have fallen behind,” and 2) “No because you don’t make enough money and you can’t afford any reasonable modification.”