Homeowners Can Now Challenge Bank’s Failure to Negotiate in Good Faith

MFY attorney Chantal Hernandez won an important victory for homeowners in foreclosure with a decision by the Appellate Division, Second Judicial Department that holds that a bank’s failure to follow federal government regulations constitutes a failure to negotiate in good faith. The court also agreed that tolling of interest on the mortgage while the bank fails to negotiate in good faith is a proper remedy.

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