A judge has ordered that a woman be
paid all interest costs, late fees and attorneys fees which accrued against her
as her mortgage lender and loan servicer "egregiously" dragged out
the settlement conferences designed to help her avoid foreclosure.
The U.S. Bank National Association
and the Bank of America (BOA) flouted the requirement in CPLR 3408(f) that the
parties involved in state-mandated foreclosure conferences negotiate in good
faith, Bronx Supreme Court Justice Robert Torres (See
Profile) concluded in U.S.
Bank, N.A. v. Shinaba, 381917-09.
Instead Torres described how Jumoke
Shinaba experienced a 2 1/2-year ordeal beginning in December 2009 as 17
settlement conferences failed to produce a more affordable mortgage payment
arrangement acceptable to both sides…
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