U. S. Bank National Association, as trustee, successor-in-interest to Bank of America, N.A., as trustee, successor to Wells Fargo Bank, N.A., as trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2007-C30, acting by and through its special servicer CWCapital Asset Management, LLC, (A16-0073), (A16-0258) v. RBP Realty, LLC, (A16-0073), (A16-0258).A16-0073

OPINION

JOHNSON, Judge

A company borrowed $7,500,000 and executed a mortgage on commercial real property in favor of the lender. The company later defaulted on the loan. After the default, the borrower and the lender entered into a written pre-negotiation agreement, in which the borrower agreed to, among other things, waive its statutory right to redeem the mortgaged property in the event of a foreclosure sale. The lender later initiated a foreclosure by advertisement and then purchased the mortgaged property in the foreclosure sale for $4,250,000. The borrower sought to redeem the property,…