Judicial Stem-Winder

IndyMac Bank F.S.B. v. Yano-Horoski, 2009 WL 4544742, which was decided last month in Suffolk County, NY. The judge was ripshit at the bad faith of IndyMac Bank, which refused every attempt to try and arrange refinancing or alternative arrangements to pay the debt. Foreclosure is an equitable remedy, which gives a judge the opportunity to do what is fair, given the conduct of the parties. And since IndyMac's conduct was found to be especially objectionable, the judge let them have it with both barrels:

An objective and painstaking examination of the totality of the facts and circumstances herein leads this Court to the inescapable conclusion that the affirmative conduct exhibited by Plaintiff at least since since February 24, 2009 (and perhaps earlier) has been and is inequitable, unconscionable, vexatious and opprobrious. The Court is constrained, solely as a result of Plaintiff's affirmative acts, to conclude that Plaintiff's conduct is wholly unsupportable at law or in equity, greatly egregious and so completely devoid of good faith that equity cannot be permitted to intervene on its behalf. Indeed, Plaintiff's actions toward Defendant in this matter have been harsh, repugnant, shocking and repulsive to the extent that it must be appropriately sanctioned so as to deter it from imposing further mortifying abuse against Defendant. ... This Court is of the opinion that cancellation of the indebtedness and discharge of the mortgage, when taken together, constitute the appropriate equitable disposition under the unique facts and circumstances presented herein.

And that is what he ordered.