Ordered that the order is affirmed, with costs.
The plaintiff commenced this action to foreclose a residential mortgage after the defendant Amadou Diakite allegedly defaulted on the loan payments. Diakite subsequently submitted an application for a loan modification and completed a trial modification under the federal Home Affordable Modification Program (hereinafter HAMP), making three requisite payments thereunder to the plaintiff on December 1, 2009, January 1...
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