Georgia Judge Reference Woody Guthrie in "Denying Possession" Order

[msfiddlestix]

This is a ruling essentially denying eviction during this pandemic emergency period. At the place below his signature is a reference to Woody Guthrie's: "I ain't got no Home in this World Anymore"

This just warmed the cockles of my heart and reaffirmed the humanity in some places of our justice system.

I include the youtube recording of Woody singing "I Ain't Got No Home in This World Anymore" .. enjoy!


Newrez Llc v. Gamble

Superior Court of Georgia, Carroll County

January 19, 2021, Decided; January 20, 2021, Filed

Civil action file 20-v-701



Newrez LLC DBA Shellpoint Mortgage Servicing Its successors or assigns, Plaintiff, v. Bobby Gamble or Party in Possession, Defendant.
Judges: [*1] Dennis Blackmon, Judge. Opinion by: Dennis Blackmon Complaint for Writ of Possession

ORDER DENYING POSSESSION

Home, for some people, is the last bulwark against the gnawing, snarling, wolf of poverty, the pain of hunger, and now, the risk of death by slow and wrenching suffocation from COVID-19. Some of our hardest working citizens find shelter with family. Some have to live in less-than-adequate rental units. And in the Great State of Georgia, some often seek out a manufactured home. Those who work for wages too often have little to show for it. At a minimum, the worker deserves a roof and some walls to keep out the January wind.

"I mined in your mines and 1 gathered in your corn

I been working, mister, since the day I was born

Now I worry all the time like I never did before

'Cause I ain't got no home in this world anymore"i

In Accordance With 42 CFR 70.2, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property.

Eviction moratoria facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition. They also allow State and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID-19. Furthermore, housing stability helps protect public health because homelessness increases the likelihood of individuals moving into close quarters in congregate settings, such as homeless shelters, which then puts individuals at higher risk of contracting COVID-19.ii

A person violating this emergency order, issued pursuant to 42 CFR 70.2, may be subject to a fine of not more than $100,000 or one year in jail. If the eviction or possessory both violates this emergency order and results in a death, then the fine is $500,000 per event. Clearly, the Federal government is serious about this moratorium.

This court finds that taking back a family's trailer home on a contract is the same as evicting a tenant or foreclosing and taking possession of someone's house. Everybody is just going to have to be patient and wait until the pandemic is over. This too shall pass. We must all accept the ephemerality of the human condition.

Request for writ possession of the mobile home is denied.

So Ordered this 19th day of January, 2021.

/s/ Dennis Blackmon

Judge Dennis Blackmon

i Woody Guthrie, I Ain't Got No Home

ii Section 361 of the Public Health Service Act



Yours in justice,



Len Sandler

Clinical Professor of Law

Director, Law and Policy In Action Clinic

University of Iowa College of Law

Clinical Law Programs

380F Boyd Law Building

Iowa City, Iowa 52242-1113

319-335-9030 (phone)

319-353-5445 (fax)

www.uiowa.edu/legalclinic

Pronouns: he, him, his

******************************************************

[LakeArenal]

1. I hope there a lots of judges who rule this way.

Thanks Your Honor.

[msfiddlestix]

2. I know, Right?

Maybe more of these sorts of news surface and spread.

[LakeArenal]

3. A super spreader!!

[mountain grammy]

4. K & R and thank goodness for this judge understanding the law.

[mopinko]

5. as a small landlord myself, i approve this judges actions.

imho, we should be giving ppl the kind of relief that allows them to pay their rent anyway.
absent that, we need property tax abatements at the least. i had a covid abatement on my mortgage for a few months, but i have a deal to buy a new property, and i cant get a new mortgage w the old one in abatement.
it's a property i have been trying to buy for 10 yrs, and i cant pass it up.

but if i didnt have a good cushion, i would be hurting like all hell right now. got an empty 2 flat and cant get improvements done in this plague.
we are all in a pinch from the abdication of the rethug party.

but in the end, ppl got to have a roof over their heads, or this plague will not be stopped.

[msfiddlestix]

6. My opinion is for especially small landlords get the relief

for their losses in this next package. Or short of that to get relief as you say abatement in a few months. Totally agree.

I loved how this Judge actually included a verse of Woody Guthrie's song in his reason for his ruling.

I picked this video as included for context the iconic photographs of the dustbowl era, which occurred during the great depression and added so much more pain and crises to the depression. great migrations to the Imperial and Kern Counties in California. and elsewhere.

Just amazing to reflect on that era in context to the crises we're experiencing today.

[mopinko]

7. for so many ppl, that rental property is their retirement.

esp in chicago, where folks own 2 flats, and that income from the other unit makes for a decent retirement.
i'd have kept the mortgage abatement if i werent looking to buy something else. i would also like to refi that property. i have always paid extra principal every month, but i cant use that to make payments.

i dont usually bitch about my property taxes. they arent small, but compared to nearby burbs, they are cheap. the city is likewise up to it's eyeballs in low revenue and high costs.
hope state and local govt relief is part of the relief bill.

[msfiddlestix]

8. I'm not super clear on which aspects of home owners are being promised relief

I believe Biden's American Rescue package (i don't remember the full title) is posted on the white house website.. I don't have the time to review it at the moment but if you do, perhaps there might exist a provision?

Or if others here have done a deep dive into his proposal they might know.. might be useful post?

[mopinko]

9. yeah, i dont know but i'm fine.

i have savings, and i will get back to a positive cash flow in a few months when i get them re-rented.
most of the provisions are based on income, and i wouldnt qualify. i dont have any alimony coming in any more cuz i got a limp sum settlement from the ex right before the end of the year.
i look great on paper. not poor, but cash flow right now most def full of red ink.