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Georgia judge tells bank to FO - 1/24/2012 11:10:29 PM

Edwynn

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Joined: 10/26/2008
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From this:

http://www.huffingtonpost.com/2011/11/15/dennis-blackmon-georgia-judge-mocks-us-bank-denied-mortgage-modification_n_1094797.html

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. "Taking $20 billion of taxpayer money was no problem for U.S. Bank. A cynical judge might believe that this entire motion to dismiss is a desperate attempt to avoid a discovery period, where U.S. Bank would have to tell Mr. Phillips how his financial situation did not qualify him for a modification."

If Phillips didn't qualify, Blackmon wrote -- with apologies to folksinger Arlo Guthrie -- why didn't the bank say so with "mathematic equations, pie charts, and bar graphs, all on 8 by 10 glossy photo paper, with circles and arrows and paragraphs on the back explaining each winning number"?

"Maybe U.S. Bank no longer has any of the $20 billion left, and so their lack of written explanation might be attributed to some kind of ink reduction program to save money," Blackmon continued. "Clearly, U.S. Bank cannot take the money, contract with our government to provide a service to the taxpayer, violate that agreement, and then say no one on earth can sue them for it. That is not the law in Georgia."

Consumer attorneys started circulating the order via email on Monday.

"It just demonstrates the frustration of the courts to the arguments being advanced by mortgage servicers over and over and over again," North Carolina attorney Max Gardner told HuffPost. "I think you could see the frustration on all four corners of that order."

< Message edited by Edwynn -- 1/24/2012 11:16:15 PM >