In U.S. Bank N.A. v. Smith, 123 AD3d 914 [2d Dept 2014] the defendant executed a note secured by a mortgage against her residential property. She defaulted in payment on the note in September 2009. On December 16, 2009, defendant entered into a forbearance agreement with the loan servicer whereby it was agreed that she would make four reduced payments and the note would thereafter "be reviewed for a loan modification." She tendered the first payment under this agreement. Nevertheless, on January 4, 2010, less than one month after the forbearance agreement was executed, the plaintiff commenced an action to foreclose on defendant's property. By order dated July 5, 2013, the Supreme Court granted that branch of defendant's motion which was to impose a sanction upon the plaintiff pursuant to CPLR 3408(f). Specifically, the court determined that the plaintiff had failed to comply with the requirement to negotiate in good faith set forth in CPLR 3408(f), and barred it from collecting interest on the loan for the period between October 5, 2012, and July 5, 2013, October 5, 2012 being the first date the matter was before the trial court after over a year of wasted time in settlement conferences. In that case, the court found that the totality of the circumstances supported the referee's finding that the plaintiff failed to negotiate in good faith. The referee's finding was based, in part, upon the plaintiff's failure to follow guidelines pursuant to HAMP.