[*1] You.S. Financial, N.A good. v Rodriguez 2013 Ny Slip Op 232 Supreme Courtroom, Bronx County Torres, J. Published by Ny Condition Legislation Revealing Bureau pursuant to help you Judiciary Law 431. It viewpoint is uncorrected and subject to up-date ahead of guide into the the fresh new printed Official Records.

Rodriguez keeps the plaintiff has not considering a punctual decision with the his loan mod app you to definitely comports into the appropriate federal Family Affordable Amendment Program (HAMP) advice

Shapiro, DiCaro & Barak, LLC, Rochester, Ny (Scott Ferraro, Esq., off guidance) on Plaintiff ; Legal services Ny-Bronx, Bronx, Ny (James J. i, Esq., regarding the advice) into Defendant.

In this foreclosure action, brand new accused Jorge Luis Rodriguez (Rodriguez) aims your order, pursuant so you can CPLR 3408 and Consistent Civil Rule , finding that the plaintiff U. S. Lender, N.

Specifically, Rodriguez says one to Wells Fargo mishandled and you may misapplied the HAMP advice on their qualification for HAMP. Thus, Wells Fargo materially violated the brand new HAMP guidelines, and you can displayed insufficient good faith. Consequently, Rodriguez is looking for an order you to: (1) directs All of us Lender in order to techniques and you will P direction; (2) tolls the latest accrual of interest, late fees and you may United states Bank’s the advice fees until for example go out just like the the newest legal determines that the plaintiff is in conformity having CPLR 3408; and you can (3) tolls the fresh accrual of great interest, later fees and you can United states Bank’s the recommendations costs retroactively regarding . Plaintiff opposes the new action, and you can insists it’s quite complied for the HAMP assistance.

The usa Service away from Treasury (DOT) created HAMP pursuant so you’re able to Sections 101 and 109 of Emergency Monetary Stabilization Work off 2008 (twelve USC 5201-5261). HAMP is designed to avoid preventable property foreclosures by the incentivizing mortgage servicers to attenuate the desired monthly mortgage payments definitely battling property owners. Under the system, servicers are required so you’re able to adhere to recommendations promulgated by the Dot whenever deciding a mortgagor’s qualification having a permanent loan mod (come across Us Dept. out-of Treasury, Making Home Reasonable System, Guide to possess Servicers regarding Low-GSE Mortgages, at the twenty-seven []). The newest Health spa provided a “Program Records,” and this set forth direction, procedures, information, files, and you may directives granted by the Dot, Federal national mortgage association, otherwise Freddie Mac computer concerning the brand new obligations regarding acting servicers.

In the first place online payday loan in Wauregan Connecticut, the new HAMP Tier 1 system is setup to help individuals that unpaid to their mortgage loans due to their top quarters or up against forthcoming threat of default. Borrowers inside danger of defaulting to their mortgage loans can then incorporate on system, in addition to mortgage servicer contains the amendment or cures functions in order to new borrower. As the a disorder of engaging in the program, servicers have to adhere to recommendations and procedures approved by Mark (discover Commitment to Buy Financial Software and Servicer Contribution Arrangement, find together with Family Affordable Modification System: Evaluation, [reached ]).

A. (You Financial), and its mortgage servicer, Wells Fargo Financial (Wells Fargo), violated their duty so you can negotiate in good faith through the necessary settlement conferences

HAMP Level 1 has got the after the assistance from qualification: (1) the mortgage mortgage have to have started just before ; (2) the mortgage have to be an initial lien; pecuniary hardship should be shown of the resident; the property must be you to definitely four gadgets; here can not be any previous loan mod not as much as H the house should be the dominating household; and also the monthly payment must be greater than 31% of one’s borrower’s month-to-month gross income. Shortly after a debtor meets which requirements, a beneficial servicer commonly opinion the brand new monetary advice provided with the latest debtor to determine if they are entitled to the new Level step one system [*2](select [accessed ]).