Friday, May 8, 2015

Deutsche Bank National Trust Co. as Trustee Under Pooling and Servicing v. Husband, 24521/08

Defendant Husband previously moved for, and was granted, an order confirming a special referee's report, which found bad faith under CPLR 3408(f) against Deutsche Bank. The court held a hearing to address the appropriate sanctions for the bank's lack of good faith during the 3408(f) conferences. The court found, in its June 2014 decision, the actions and inactions by the bank clearly indicated an absence of good faith as was contemplated by the statute. It noted there was nearly a 10-month delay regarding the bank's addressing Husband's modification process, and the referee found such delays to be dilatory . The court concluded that after six years of efforts to obtain a loan modification for Husband, some remediation was appropriate, finding the referee determined the bank did not negotiate in good faith in the 18 appearances before her in 2012. It ruled the appropriate sanction was to reduce the interest rate to two percent on the balance that accrued after Aug. 1, 2010, the date the bank should have approved Husband's HAMP application, instead of delaying until Dec. 11, 2011, and offering a modification designed to be rejected. The bank and its loan servicer were also barred from collecting attorney fees incurred after Aug. 1, 2010.


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