[*1] U.S. Bank, N.An excellent. v Rodriguez 2013 New york Slip Op 232 Finest Judge, Bronx State Torres, J. Authored by Ny State Rules Reporting Agency pursuant so you can Judiciary Laws 431. So it view is uncorrected and you may susceptible to update ahead of publication within the this new printed Authoritative Records.
Rodriguez holds the plaintiff has not provided a quick choice with the their mortgage loan modification app one comports to your relevant federal Home Sensible Modification System (HAMP) advice
Shapiro, DiCaro & Barak, LLC, Rochester, Nyc (Scott Ferraro, Esq., of the recommendations) toward Plaintiff ; Legal services Nyc-Bronx, Bronx, Nyc (James J. i, Esq., away from guidance) on Accused.
Within this foreclosures action, the fresh new accused Jorge Luis Rodriguez (Rodriguez) seeks an order, pursuant in order to CPLR 3408 and you will Consistent Municipal Laws , finding that the fresh plaintiff U. S. Bank, Letter.
Specifically, Rodriguez claims one Wells Fargo mishandled and you will misapplied the brand new HAMP advice on their qualification for HAMP. Thus, Wells Fargo materially violated the fresh new HAMP direction, and presented a lack of good faith. For that reason, Rodriguez wants your order you to definitely: (1) sends United states Lender to process and you may P advice; (2) tolls this new accrual of great interest, late charge and you will Us Bank’s guidance fees until such big date as the the fresh new judge identifies that plaintiff is within conformity which have CPLR 3408; and (3) tolls the new accrual of interest, later charges and you will You Bank’s guidance charge retroactively away from .