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=Unchecked Power Cultivates Judicial Back-Scratching=
=Unchecked Power Cultivates Judicial Back-Scratching=
In what should have been a no-brainer recusal of a biased judge, a slew of Fulton County judges rallied behind their rogue colleague which tragically confirms the level of integrity held by the Fulton County judiciary.
In what should have been a no-brainer recusal of a biased judge, a slew of Fulton County judges rallied behind their rogue colleague which tragically confirms the already perceived level of integrity held by the Fulton County judiciary.
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This article comes as an unanticipated "Part 3" in a sequence of articles following Derrick Jackson, a man on fire who was robbed just days before Christmas of his due process rights under the Constitution by Fulton County Superior Court Judge Melynee Leftridge. After Jackson took to the media about the situation, his family was thrown out of their home located in the Country Club of the South by the Fulton County Sheriff’s SCORPION Unit without a proper court order.<ref>Article 1</ref><ref>Article 2</ref>
This article comes as an unanticipated "Part 3" in a sequence of articles following Derrick Jackson, a man on fire who was robbed just days before Christmas of his due process rights under the Constitution by Fulton County Superior Court Judge Melynee Leftridge. After Jackson took to the media about the situation, his family was thrown out of their home located in The Country Club of the South by the Fulton County Sheriff’s SCORPION Unit without a proper court order.<ref>Article 1</ref><ref>Article 2</ref>
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Beginning in May of 2020, Jackson had been making payments toward the purchase of a home located in the Country Club of the South. As is known, home values have been skyrocketing since at least September of 2021 and, at some point amidst this modern day gold rush, the seller decided he no longer wanted Jackson to buy the home and subsequently hired a company to stage an eviction, which was inevitably botched resulting in what appears to be an array of underhanded back door dealings among Fulton County Superior Court Judges, the Sheriff and lawyers—or is it all just one big coincidence? Let’s look at the facts and you be the judge.
Beginning in May of 2020, Jackson had been making payments toward the purchase of a home located in The Country Club of the South. As is known, home values have been skyrocketing since at least September of 2021 and, at some point amidst this modern day gold rush, the seller decided he no longer wanted Jackson to buy the home and subsequently hired a company to stage an eviction, which was inevitably botched resulting in what appears to be an array of underhanded backdoor dealings among Fulton County Superior Court Judges, the Sheriff and lawyers—or is it all just one big coincidence? Let’s look at the facts and you be the judge.
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==The Country Club of the South: Fulton County’s Very Own Mar-a-Lago==
==The Country Club of the South: Fulton County’s Very Own Mar-a-Lago==
The situation stems from a combination of written agreements between home-sellers Arthur M. McCracken and Julie L. McCracken and home-buyer Derrick Jackson.
The situation stems from a combination of written agreements between home-sellers Arthur M. McCracken and Julie L. McCracken and home-buyer Derrick Jackson.
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Jackson was purchasing 955 Tiverton Lane, Johns Creek, GA, from the McCrackens in the luxurious gated community more formally known as the Country Club of the South, having already put $100,000 down and having made payments of $15,000 per month, paying over $20,000 in property taxes annually, paying thousands in HOA fees, and paying thousands in repairs and maintenance to the property over a period of two years.
Jackson was purchasing 955 Tiverton Lane, Johns Creek, GA, from the McCrackens in the luxurious gated community more formally known as the Country Club of the South, having already put $100,000 down and having made payments of $15,000 per month, paying over $20,000 in property taxes annually, paying thousands in HOA fees, and paying thousands in repairs and maintenance to the property over a period of two years.
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“Over the years, a number of celebrities have reportedly owned homes in Country Club of the South, among them retired Atlanta Braves pitcher Tom Glavine, Usher, Whitney Houston, and NBA Hall of Famer Allen Iverson. The neighborhood has 19 tennis courts, an 18-hole, golf course designed by Jack Nicklaus, basketball courts, a concert venue—and, of course, 24-hour security.”
“Over the years, a number of celebrities have reportedly owned homes in Country Club of the South, among them retired Atlanta Braves pitcher Tom Glavine, Usher, Whitney Houston, and NBA Hall of Famer Allen Iverson. The neighborhood has 19 tennis courts, an 18-hole, golf course designed by Jack Nicklaus, basketball courts, a concert venue—and, of course, 24-hour security.”
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Though the McCrackens hired a property manager to execute a “staged” eviction, with an alleged rent of $15,000 per month after a $100,000 down payment, this was not a typical landlord-tenant case. Having committed to removing Jackson as their buyer, the McCrackens were determined not to drop the case despite the McCrackens having failed to deliver proper legal notices before initiating the eviction (or “dispossessory”) process. The real estate market was getting exponentially warmer and they wanted to pocket Jackson’s investment and seek a new buyer. Jackson offered multiple times to simply pay off the running balance and continue with the purchase, to which the McCrackens’ attorney repeated “Not a chance!”
Though the McCrackens hired a property manager to execute a “staged” eviction, with an alleged rent of $15,000 per month after a $100,000 down payment, this was not a typical landlord-tenant case. Having committed to removing Jackson as their buyer, the McCrackens were determined not to drop the case despite the McCrackens having failed to deliver proper legal notices before initiating the eviction (or “dispossessory”) process. The real estate market was getting exponentially warmer and they wanted to pocket Jackson’s investment and seek a new buyer. Jackson offered multiple times to simply pay off the running balance and continue with the purchase, to which the McCrackens’ attorney repeated “Not a chance!”
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==The Mythical Staged Eviction: Fact Meets Fiction==
==The Mythical Staged Eviction: Fact Meets Fiction==
In a typical eviction where a tenant fails to pay rent, a landlord would initiate a dispossessory action with the court on grounds of “nonpayment” of rent. And if the tenant comes up with the money owed, the landlord would drop the case and everyone moves on as before the case was filed. So what exactly is a “staged eviction”? We consulted with Jackson’s attorney, Matthew D. McMaster and here was his explanation.
In a typical eviction where a tenant fails to pay rent, a landlord would initiate a dispossessory action with the court on grounds of “nonpayment” of rent. And if the tenant comes up with the money owed, the landlord would drop the case and everyone moves on as before the case was filed. So what exactly is a “staged eviction”? We consulted with Jackson’s attorney, Matthew D. McMaster and here was his explanation.
 
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A “staged eviction” is when a landlord uses court procedures to remove a paying tenant by underhanded means. And if you have either (a) an unprepared tenant or (b) a corrupt or simply incompetent judge, a property owner acting in bad faith could easily be successful in his or her endeavor.
A “staged eviction” is when a landlord uses court procedures to remove a paying tenant by underhanded means. And if you have either (a) an unprepared tenant or (b) a corrupt or simply incompetent judge, a property owner acting in bad faith could easily be successful in his or her endeavor.
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This often occurs when a property owner decides to sell the rental in a hot real estate market (which is what we have here) and they no longer want the tenant in the home under any set of circumstances. And when there is a written lease and the tenant is solvent, it makes an eviction very difficult. Well, in Jackson’s case, we not only have a solvent tenant and a written lease, but we have a Purchase and Sale Agreement between the McCrackens and Jackson signed after the alleged lease agreement.
This often occurs when a property owner decides to sell the rental in a hot real estate market (which is what we have here) and they no longer want the tenant in the home under any set of circumstances. And when there is a written lease and the tenant is solvent, it makes an eviction very difficult. Well, in Jackson’s case, we not only have a solvent tenant and a written lease, but we also have a Purchase and Sale Agreement between the McCrackens and Jackson signed a day after the alleged lease agreement.
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The easiest way to successfully evict a paying tenant (and every landlord attorney with half a brain knows this) is to demand some absurd amount so as to induce the tenant not to pay any money at all. Imagine if you owe one month of rent, for say $2,000, and your landlord demands $4,000 due within three (3) days for both the present month and the previous month’s rent that you know for a fact you already paid. The natural response by an unsuspecting tenant is to not pay a dime! Then the landlord will file with the court to have the tenant evicted and will inevitably win—though the money judgment will be less than requested by the landlord in the original eviction complaint. And thus, the staged eviction is completed in a manner that appears “legal enough” so as to avoid criminal prosecution.
The easiest way to get a tenant to simply stop paying his or her rent (and every landlord attorney with half a brain knows this) is to demand some absurd amount so as to induce the tenant not to pay any money at all. Imagine for example that you owe the present month's rent, for say $2,000, and your landlord demands $4,000 due within three (3) days for both the present month and the previous month’s rent though you know for a fact you already paid the previous month's rent. The natural response by an unsuspecting tenant is to not pay a dime! Then the landlord will file with the court to have the tenant evicted and will inevitably win—though the money judgment will be less than requested by the landlord in the original demand. And thus, the staged eviction is completed in a manner that appears "legal enough" so as to avoid criminal prosecution.
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So what can a tenant do to defend against this? The key is in the notice provisions set by the lease agreement and/or Georgia statute. A landlord will likely cut corners to outwit a scared tenant in a timely manner—which means the landlord is more likely to take a misstep in the very rigid process mandated by law. There is also criminal liability for anyone who intentionally files a false dispossessory affidavit, though getting those types of cases prosecuted is presumed to be very difficult—or else landlords would not do this so prevalently.
So what can a tenant do to defend against this? The key is in the notice provisions set by the lease agreement and/or Georgia statute. A landlord will likely cut corners to outwit a scared tenant in an expedited manner—which means the landlord is more likely to take a misstep in the very rigid process mandated by law. Insufficiency of process is
 
an affirmative defense under Georgia law. There is also criminal liability for anyone who intentionally files a false dispossessory affidavit, though getting those types of cases prosecuted is presumed to be very difficult—or else landlords would not do this so prevalently.
“As an experienced landlord-tenant attorney—often times defending tenants—I have been privy to witnessing behavioral patterns of many landlord attorneys and the judges that are complicit with these tactics, and it is very sad to say the least. Whether you have flat out corruption or if you have a judge who simply isn’t paying any attention to detail, it’s a very scary situation.” McMaster continued: “The other judges turned a blind-eye when we sought removal of Judge Leftridge and relief from what we perceived to be blatant impropriety.”
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"As an experienced landlord-tenant attorney—often times defending tenants—I have been privy to witnessing behavioral patterns of many landlord attorneys and the judges that are complicit with these tactics, and it is very sad to say the least. Whether you have flat out corruption or if you have a judge who simply isn’t paying any attention to detail, it’s a very scary situation.” McMaster continued: “The other judges turned a blind-eye when we sought removal of Judge Leftridge and relief from what we perceived to be blatant impropriety."
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==The Courthouse Shell Game==
==The Courthouse Shell Game==
There are two ways a judge can be recused (or “removed”) from a case: (1) voluntarily and (2) involuntarily. The latter of the two, at least in Fulton County, occurs amongst flying pigs and unicorns. Jackson’s case has extracted that fact pretty clearly.
There are two ways a judge can be recused (or “removed”) from a case: (1) voluntarily and (2) involuntarily. The latter of the two, at least in Fulton County, occurs amongst flying pigs and unicorns. Jackson’s case has extracted that fact pretty clearly.
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After three motions to recuse Judge Leftridge from the “staged eviction” case and another motion to recuse Judge Leftridge from the companion Quiet Title case, Derrick Jackson filed a Petition for Mandamus demanding, among other things, the recusal of the entire Fulton County Superior Court bench after two of the Judges refused to recuse themselves from the eviction case, two judges refused to recuse Judge Leftridge, and three judges (including Judge Leftridge) all refused to appoint a special master to the case, who's appointment is mandated by Georgia law. To illustrate how the circumventing of checks and balances is done by Superior Court Judges, Jackson submitted the following flow chart in his court documents highlighting the key players and their respective roles:
After three motions to recuse Judge Leftridge from the “staged eviction” case and another motion to recuse Judge Leftridge from the companion Quiet Title case, Derrick Jackson filed a Petition for Mandamus demanding, among other things, the recusal of the entire Fulton County Superior Court bench after two of the Judges refused to recuse themselves from the eviction case, two judges refused to recuse Judge Leftridge, and three judges (including Judge Leftridge) all refused to appoint a special master to the case, who's appointment is mandated by Georgia law. To illustrate how the circumventing of checks and balances is done by Superior Court Judges, Jackson submitted the following flow chart in his court documents highlighting the key players and their respective roles:
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