Flagstar Bank, FSB v. Walker

28 Citing cases

  1. U.S. Bank Nat'l Ass'n v. Williams

    121 A.D.3d 1098 (N.Y. App. Div. 2014)   Cited 46 times

    However, the Supreme Court erred in directing U.S. Bank to submit a proposed loan modification order to Williams and the court, as the court was without authority to force parties to reach an agreement ( see Flagstar Bank, FSB v. Walker, 112 A.D.3d 885, 886, 977 N.Y.S.2d 359; Wells Fargo Bank, N.A. v. Meyers, 108 A.D.3d at 20, 22, 966 N.Y.S.2d 108).

  2. U.S. Bank Nat'l Ass'n v. Williams

    2014 N.Y. Slip Op. 7349 (N.Y. App. Div. 2014)

    However, the Supreme Court erred in directing US Bank to submit a proposed loan modification order to Williams and the court, as the court was without authority to force parties to reach an agreement (see Flagstar Bank, FSB v Walker, 112 AD3d 885, 886; Wells Fargo Bank, N.A. v Meyers, 108 AD3d at 20, 22).

  3. HSBC Bank USA, N.A. v. Sene

    121 A.D.3d 755 (N.Y. App. Div. 2014)   Cited 3 times

    Under the circumstances of this case, where Sene never sought to adjourn the settlement conferences in order to move for leave to serve a late answer, and failed to raise the plaintiff's alleged lack of standing in her answer or in a pre-answer motion to dismiss the complaint, the scope of the good-faith hearing was improperly expanded to include the issue of standing. Accordingly, “the sua sponte relief granted by the Supreme Court was inappropriate” ( Flagstar Bank, FSB v. Walker, 112 A.D.3d 885, 886, 977 N.Y.S.2d 359 ). Instead, the Supreme Court should have made a determination as to whether the plaintiff satisfied its obligation pursuant to CPLR 3408(f) to “negotiate in good faith to reach a mutually agreeable resolution” (see Wells Fargo Bank, N.A. v. Meyers, 108 A.D.3d 9, 966 N.Y.S.2d 108 ).

  4. U.S. Bank v. Gottlieb

    2019 N.Y. Slip Op. 30586 (N.Y. Sup. Ct. 2019)   Cited 1 times

    (Commentary to CPLR 3408, 2015 entry "Penalizing a Party for Failing to Negotiate in 'Good Faith' [or Lack Thereof]?"). A plaintiff's failure to follow HAMP regulations and guidelines has been held to constitute a failure to negotiate in good faith pursuant to CPLR 3408(f) (see, U.S. Bank N.A. v Smith, 123 AD3d 914, 999 NYS2d 468 [2d Dept 2014]; Onewest Bank, FSB v Colace, 130 AD3d 994, 15 NYS3d 109 [2d Dept 2015];U.S. Bank N.A. v Vasquez, 47 Misc.3d 1023, 10 NYS3d 386 [Sup Ct, Rockland County 2015]; U.S. Bank, N.A. v Rodriguez, 41 Misc.3d 656, 664, 972 NYS2d 451 [Sup. Ct., Bronx County 2013]; Flagstar Bank, FSB v Walker, 37 Misc.3d 312, 316, 946 NYS 2d 850 [Sup. Ct. Kings County 2012], revd. on other grounds 112 AD3d 885, 977 NYS2d 359 [2d Dept 2013]). The Court notes, and is also informed by, the 2016 amendments to CPLR 3408(f) which codified the totality-of-the-circumstances standard articulated by the courts and listed a number of factors to be considered in the analysis, including "compliance with applicable mortgage servicing laws, rules, regulations, investor directives, and loss mitigation standards ... avoiding unreasonable delay ... and providing accurate information to the court and parties."

  5. Wells Fargo Bank, N.A. v. Ki Won Kim

    2017 N.Y. Slip Op. 30609 (N.Y. Sup. Ct. 2017)

    Parties cannot be obligated to reach an agreement. (See PNC Bank, N.A. v. Campbell, 142 AD3d at 1148; Wells Fargo Bank, N.A. v. Meyers, 108 AD3d at 20; Flagstar Bank, FSB v. Walker, 112 AD3d 885, 886 [2nd Dept.,2013].)

  6. Wells Fargo Bank, N.A. v. Kim

    2017 N.Y. Slip Op. 50416 (N.Y. Sup. Ct. 2017)

    Parties cannot be obligated to reach an agreement. (See PNC Bank, N. A. v. Campbell, 142 AD3d at 1148; Wells Fargo Bank, N. A. v. Meyers, 108 AD3d at 20; Flagstar Bank, FSB v. Walker, 112 AD3d 885, 886 [2nd Dept.,2013].)

  7. Wells Fargo Bank, N.A. v. Kim

    57 N.Y.S.3d 677 (N.Y. Sup. Ct. 2017)

    Parties cannot be obligated to reach an agreement. (See PNC Bank, N.A. v. Campbell, 142 AD3d at 1148 ; Wells Fargo Bank, N.A. v. Meyers, 108 AD3d at 20 ; Flagstar Bank, FSB v. Walker, 112 AD3d 885, 886 [2nd Dept.,2013].) Here, in opposition, the Defendants claim that the Plaintiff did not negotiate in good faith because Defendants have attempted to rectify the instant foreclosure proceeding and Plaintiff has not been cooperative.

  8. U.S. Bank Nat'Lass'N v. Leontdias Priftakis, Anna Priftakis, Bradco Supply Corp.

    2016 N.Y. Slip Op. 32544 (N.Y. Sup. Ct. 2016)

    Likewise lacking in merit are the defendants' demands for a judicially imposed loan modification. It is well settled law that neither this court nor any others may direct a party to a contract to rewrite its contract or to enter upon new or modified terms or other agreements as such a direction would clearly violate the Contract Clause of the United States Constitution (see Wells Fargo Bank, N.A. v Meyers, 108 AD3d 9, 966 NYS2d 108 [2d Dept 2013]; see also PNC Bank v Campbell, 142 AD3d 1147, supra; PHH Mtge. Corp. v Hepburn, 128 AD3d 659, 10 NYS3d 102 [2d Dept 2015]; Citibank, N.A. v Barclay, 124 AD3d 174, 999 NYS2d 375 [1st Dept 2014]; U.S. Bank Natl. Ass'n v Williams, 121 AD3d 1098, 995 NYS2d 172 [2d Dept 2014]; Flagstar Bank, FSB v Walker, 112 AD3d 885, 977 NYS2d 359 [2d Dept 2013]; Wells Fargo Bank, N.A. v Van Dyke, 101 AD3d 638, 958 NYS2d 331 [1st Dept 2012]). There is thus no duty on the part of a lender to modify the terms of a loan and the court remains without "authority to force parties to reach an agreement" (U.S. BankNatl. Ass'n v Williams, 121 AD3d 1098, 1102, supra; see also Flagstar Bank, FSB v Walker, 112 AD3d 885, supra;Wells Fargo Bank, N.A. v Van Dyke, 101 AD3d 638, supra; Wells Fargo Bank, N.A. v Meyers, 108 AD3d 9, supra).

  9. U.S. Bank Nat'l Ass'n v. Samuels

    2015 N.Y. Slip Op. 32493 (N.Y. Sup. Ct. 2015)

    Defendant Samuel's further claim that the complaint is subject to dismissal or that the plaintiff's motion should be denied because the plaintiff has not negotiated, in good faith, a loan modification or other resolution of the claims advanced in the complaint is rejected as lacking in merit. It is now clear that a lender is not required to modify a loan at a CPLR 3408 conference but instead, is only required to negotiate in good faith (see Flagstar Bank, FSB v Walker112 AD3d 885, 977 NYS2d 359 [2d Dept 2013]; Wells Fargo Bank, N.A. v Meyers, 108 AD3d 9, 23, supra] ["itis obvious that the parties cannot be forced to reach an agreement, CPLR 3408 does not purport to require them to, and the courts may not endeavor to force an agreement upon the parties"]; see also Wells Fargo Bank, N.A. v Van Dyke, 101 AD3d 638, supra).Moreover, "[n]othing in CPLR 3408 requires plaintiff to make the exact offer desired by [the] defendant[ ], and [the] plaintiff's failure to make that offer cannot be interpreted as a lack of good faith" (Bank of America, Natl. Ass'n v Lucido, 114 AD3d 714, 981 NYS2d 433 [2d Dept 2014], quoting Wells Fargo Bank, N.A. vVan Dyke, 101 AD3d 638, 638, supra; see also PHH Mtge. Corp. v Hepburn, 128 AD3d 659, 10 NYS3d 102 [2d Dept 2015]).

  10. Ulster Sav. Bank v. Freytes

    2015 N.Y. Slip Op. 25245 (N.Y. Sup. Ct. 2015)

    Such a mandate does not, however, authorize the court to force a settlement upon either side. For it is now settled law that neither this court nor any others may direct a party to a contract to rewrite its contract or to enter upon new or modified terms or other agreements as such a direction would clearly violate the Contract Clause of the United States Constitution ( see Wells Fargo Bank, N.A. v Meyers, 108 AD3d 9, 966 NYS2d 108 [2d Dept 2013]; see also PHH Mtge. Corp. v Hepburn, 128 AD3d 659, 10 NYS2d 102 [2d Dept 2015]; Citibank , N.A. v Barclay , 124 AD3d 174, 999 NYS2d 375 [1st Dept 2014]; U.S. Bank Natl. Ass'n v Williams, 121 AD3d 1098, 995 NYS2d 172 [2d Dept 2014]; Flagstar Bank, FSB v Walker, 112 AD3d 885, 977 NYS2d 359 [2d Dept 2013]; Wells Fargo Bank , N.A. v Van Dyke , 101 AD3d 638, 958 NYS2d 331 [1st Dept 2012]). There is thus no duty on the part of a lender to modify the terms of a loan or to compel it to forgo any of the rights or remedies it possesses under the terms of any loan documents which rights and remedies the borrower willingly conferred upon the lender in exchange for the lender's advancement of the loan monies.