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NY Judge Puts An End To Modification Game, Strikes Back With His Own Rules | U.S. BANK v. PADILLA

NY Judge Puts An End To Modification Game, Strikes Back With His Own Rules | U.S. BANK v. PADILLA


Must read to understand the frustration this single parent, nurse and strong-willed individual was put through. Absolutely NO excuse and this is another reason why HAMP was such a disaster!

Again, where exactly do these “trial payments” go to?

US Bank National Association, as Trustee For CMLTI 2007-WFHE3, Plaintiff,

against

Alejandra Padilla et al., Defendants.

8979/09
Steven J. Baum, P.C.
Attorneys for Plaintiff
220 Northpointe Parkway, Suite G
Amherst, New York 14228

Ms. Alejandra Padilla
Defendant, Pro Se
One Vine Street
Beacon, New York 12508

James D. Pagones, J.

Excerpt:

ORDERED that plaintiff is directed to re-open the homeowner’s file and consider her for a modification taking into consideration the bank’s delay in reaching a decision; and it is further

ORDERED that plaintiff is barred from collecting any interest incurred from October 4, 2010, until the date the matter is released from the settlement part; and it is further

ORDERED that any unpaid late fees are waived; and it is further

ORDERED that any loan modification fees are to be either waived or refunded to the homeowner; and it is further;

ORDERED that any attorney’s fees and other bank fees claimed to have been incurred from the date of the default until the date of this matter is released from the settlement part are not to be included in the calculation of the homeowner’s modified mortgage payment or otherwise imposed on the homeowner, but, rather, any request for attorney’s fees is hereby severed and to be submitted to the court for separate, independent review as to their reasonableness; and it is further

ORDERED that a bank representative fully familiar with the file and with full authority to approve and enter into a loan modification appear in person at the next conference, and it is further

ORDERED that an attorney associated with plaintiff’s firm must appear at the hearing (local counsel may not appear); and it is further

ORDERED that the parties appear for a further conference in the Foreclosure Settlement Part on April 25, 2011 at 3:00 p.m. Adjournments are granted only with leave of the Court.

Failure to comply with this order may result in sanctions.

The foregoing constitutes the order of the Court.

Dated: Poughkeepsie, New York

April 8, 2011

ENTER

HON. JAMES D. PAGONES, A.J.S.C. [*5]

[ipaper docId=52815350 access_key=key-ci799bsq760x15al7w0 height=600 width=600 /]

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