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- Jotwell Constitutional Law: Pat Gudridge, Mississippi Goddam!, JOTWELL (June 16, 2026) (reviewing Brandon M. Terry, Shattered Dreams, Infinite Hope: A Tragic Vision of the Civil Rights Movement (2025)), conlaw.jotwell.com/mississippi-.... June 17, 2026 Jotwell
- Jotwell Juris: Erik Encarnacion, The Rule of Law, through Thick and Thin, JOTWELL (June 15, 2026) (reviewing Felipe Jiménez, The Rule of Law, __ Mich. St. L. Rev. __ (forthcoming 2026), available at SSRN (Dec. 05, 2025)), juris.jotwell.com/the-rule-of-.... June 17, 2026 Jotwell
- My brother @froomkin.bsky.social is the media critic, but in the unlikely event the Iran framework deal survives Trump learning what's actually in it, I hope the media explains the payments to Iran in understandable terms, e.g. deflating every $1 bn by 72 mill US households=$14. E.g. $300bn=>$4,200. June 15, 2026 Michael Froomkin
- Wait and see: it's the cover-up that gets you... edition.cnn.com/2026/06/14/p... June 15, 2026 Michael Froomkin
- And yes I got the reference. But I don't have even a stochastic parrot. June 15, 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.”