Deutsche Bank National Trust Co. v. Williams

OPINION OF THE COURT

Herbert Kramer, J.

Must the bank provide notice to the court when it enters into a forbearance agreement with its mortgagor in the course of a foreclosure proceeding?

This court holds, for the reasons that follow, that every forbearance agreement must be filed with the Clerk of the Court and if a violation of the forbearance agreement occurs and the foreclosure proceeding is therefore resumed, where the mortgagor has made payments under the agreement, then plaintiff must petition the court to appoint a referee to recalculate the amount due under the mortgage taking those…