Wells Fargo Bank, N.A. v. Van Dyke

Defendants failed to demonstrate that plaintiffs representative was not fully authorized to negotiate a settlement of this residential foreclosure action on plaintiffs behalf or that the negotiations that were had were a sham (see CPLR 3408). Contrary to defendants’ apparent belief, plaintiff was not required by CPLR 3408 to offer them a settlement. While the aspirational goal of CPLR 3408 negotiations is that the parties “reach a mutually agreeable resolution to help the defendant avoid losing his or her home” (CPLR 3408 [a]), the statute requires only that the parties enter into and conduct…