Loan servicer—Summary judgment win

Obtained a favorable decision on summary judgment for loan servicer client that precluded a meritorious RPAPL 1304 defense from being interposed in a foreclosure action on the ground that borrower waived the right to assert defense.  On a novel point of law, the court ruled that the terms of a consolidation, extension, and modification agreement may waive defenses to foreclosure, including RPAPL 1304 and the statute of limitations.