Legal Opinion
Flagstar Bank, FSB v. Walker
New York Supreme Court
Decided May 31, 2012PublishedCited by 6 opinions
1Opinion of the Court
*313OPINION OF THE COURT
Herbert Kramer, J.
There is only one standard for good faith under CPLR 3408. That standard exists regardless of insurance regulations by the Federal Housing Administration (FHA), or others, and independent of investor restrictions.
This court holds that the best uniform standard for “good faith” is compliance with the Federal Home Affordable Modification Program (HAMP) regulations.
In March of 2009, in response to the nationwide foreclosure crisis, the Treasury Department introduced the HAMP HAMP is a government-subsidized mortgage modification program, which was designed to…
2Cases cited11 opinions
- Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
- Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
- Southern Industries, Inc. v. JeremiasAppellate Division of the Supreme Court of the State of New York · 1978
- Matter of Miglietta (2660 Broadway Corp.)New York Court of Appeals · 1942
- School Board of Avoyelles Parish v. United States Department of InteriorCourt of Appeals for the Fifth Circuit · 2011
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Flagstar Bank, FSB v. WalkerAppellate Division of the Supreme Court of the State of New York · 2013
- HSBC Bank USA v. McKennaNew York Supreme Court · 2012
- U.S. Bank, N.A. v. RodriguezNew York Supreme Court · 2013
- Bank of America, N.A. v. RausherNew York Supreme Court · 2014
- U.S. Bank National Ass'n v. SmithAppellate Division of the Supreme Court of the State of New York · 2014
1 more not listed; retrieve them via the Exa API.