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DEUTSCHE BANK NATIONAL TRUST COMPANY v. WILLIAMS

17 Misc.3d 320 (2007)

842 N.Y.S.2d 338

DEUTSCHE BANK NATIONAL TRUST COMPANY, Plaintiff, v. ADDINGTON WILLIAMS et al., Defendants.

Supreme Court, Kings County.

August 8, 2007.

Attorney(s) appearing for the Case

Anyekache Hercules, Brooklyn, for Addington Williams, defendant.

Steven J. Baum, P.C., Buffalo (Tracy M. Fourtner of counsel), for plaintiff.

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...

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