In BAC Home Loans Servicing v. Westervelt (29 Misc 3d 1224[A], 920 N.Y.S.2d 239, 2010 NY Slip Op 51992[U] [2010]), the court barred plaintiff from collecting certain arrears, interest and fees due to plaintiff's default in appearing at a settlement conference, its failure to communicate with the referee, its refusal to re-examine defendant's income pursuant to HAMP directives and its refusal to work toward a modification with a borrower who is gainfully employed.