NY Judge puts an end of the loan mod game; Strikes back with his own rules against Steven J. Baum law firm

In the case of U.S. Bank vs. Padilla, NY Judge scolded plantiff, Steven J. Baum law firm, the plantiff in this case and representing in behalf of U.S. Bank, trustee of Ms. Padilla's home. This is another HAMP nightmare. Here is the excerpt of the NY Judge's court finding:

Based on the foregoing, it is hereby

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 isfurther

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 incurredfrom the date of the default until the date of this matter is released from the settlement partare 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 herebysevered 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 authorityto approve and enter into a loan modification appear in person at the next conference, and itis 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 ForeclosureSettlement 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 sanction

The foregoing constitutes the order of the Court.


Dated:Poughkeepsie, New York


April 8, 2011


ENTER HON. JAMES D. PAGONES, A.J.S.C.

US BANK v. PADILLA