[*1] U.S. Financial, Letter.A. v Rodriguez 2013 Ny Sneak Op 232 Finest Court, Bronx Condition Torres, J. Published by New york County Law Revealing Bureau pursuant so you’re able to Judiciary Legislation 431. This thoughts try uncorrected and susceptible to upgrade prior to publication during the new posted Certified Reports.

Rodriguez maintains your plaintiff has not provided a prompt decision to the their loan mod application that comports into appropriate government Household Sensible Amendment Program (HAMP) recommendations

Shapiro, DiCaro & Barak, LLC, Rochester, New york (Scott Ferraro, Esq., away from counsel) towards the Plaintiff ; Legal services Nyc-Bronx, Bronx, Nyc (James J. i, Esq., of the advice) on the Accused.

In this foreclosures step, the new accused Jorge Luis Rodriguez (Rodriguez) tries your order, pursuant to help you CPLR 3408 and Consistent Municipal Code , finding that the latest plaintiff U. S. Lender, Letter.

Specifically, Rodriguez says you to Wells Fargo mishandled and you can misapplied brand new HAMP recommendations as to their qualifications to possess HAMP. Thus, Wells Fargo materially violated brand new HAMP advice, and you may demonstrated deficiencies in good-faith. Therefore, Rodriguez wants your order that: (1) directs All of us Bank so you’re able to procedure and you may P advice; (2) tolls this new accrual of interest, later costs and you may United states Bank’s guidance fees up until such time while the the new courtroom decides that the plaintiff is within conformity that have CPLR 3408; and you can (3) tolls this new accrual of interest, later charge and you can Us Bank’s the advice charges retroactively away from . Continue reading →