Wednesday, March 8, 2017

A foreclosure settlement conference.

Practice point:  Pursuant to CPLR 3408(f), the parties at a mandatory foreclosure settlement conference are required to negotiate in good faith to reach a mutually agreeable resolution. The purpose of the good faith requirement is to ensure that both plaintiff and defendant are prepared to participate in a meaningful effort. Compliance with the good faith requirement is measured by the totality of the circumstances and whether the party's conduct demonstrates a meaningful effort to reach a resolution.

Case:  Aurora Loan Servs., LLC v. Diakite, NY Slip Op 01528 (2d Dep't March 1, 2017)

Here is the decision.

Tomorrow's issue: The standard for an employment termination that shocks the conscience.