By Arthur DelaneyGeorgia Judge Dennis Blackmon is fed up with bailed-out banks refusing to help strapped homeowners.
"Sometimes, only the courts of law stand to protect the taxpayer. Somewhere, someone has to stand up," Blackmon wrote in a five-page Nov. 2 order in Carroll County Superior Court. "Well, sometimes is now, and the place is the Great State of Georgia. The defendant's motion to dismiss is hereby denied."
Blackmon's order shot down U.S. Bank's request to throw out a complaint from Georgia homeowner Otis Wayne Phillips, who had tried to get a mortgage modification from the bank. Phillips could not be reached for this story.
The order lays the case out like this: Phillips is in danger of foreclosure. U.S. Bank is among the "poorly run organizations" that recently received massive bailouts from the federal government and agreed to participate in the Obama administration's Home Affordable Modification Program. When Phillips applied for a modification, the bank denied his request "without numbers, figures, or explanation, reasoning, comparison to guidelines, or anything."
HAMP guidelines require banks to consider homeowners for modifications if they are at risk of falling behind on their payments because of a financial hardship and if their monthly mortgage expenses take up more than 31 percent of their income.
"This court cannot imagine why U.S. Bank will not make known to Mr. Phillips, a taxpayer, how his numbers put him outside the federal guidelines to receive a loan modification," Blackmon continued.
Read the full story at The Huffington Post.
Also see:
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'Mortgage Prof': 5 Reasons Banks Would Rather Foreclose
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