NEW YORK STATE DIVISION OF HUMAN RIGHTS NEW YORK STATE DIVISION OF HUMAN RIGHTS on the Complaint of OPE Dern Ton CONCILIATION Complainant, | AGREEMENT AND ORDER ¥ platnant, | AFTER CONCILIATION BANK OF AMERICA, N.A., HOGAR MORTGAGE & | gC3seNo. FINANCIAL SERVICES, | Respondents. Federal Charge No. , WHEREAS, the named complainant has filed a verified complaint with the New York State Division of Human Rights (“Division”) alleging that the named respondents have committed unlawful discrimination; and WHEREAS, the named respondents are subject to the provisions of Article 15 of the Executive Law of the State of New York (“Human Rights Law”); and WHEREAS, the named respondents do not admit that an act of unlawful discrimination occurred; and WHEREAS, the Director of the Division has not made any findings in this matter; and WHEREAS, the parties desire to resolve the matter without the necessity of further litigation; and WHEREAS, this agreement is subject to the issuance of an order of the Division embodying its terms pursuant to section 297.3 of the Human Rights Law;NOW, THEREFORE, it is agreed between the Complainant and Respondent (Bank of America, N.A) that: ‘The Respondent (Bank of America, N.A.) shall continue to comply with the Human Rights Law. Respondent (Bank of America, N.A.) acknowledges that Respondent (Bank of America, N.A.) has a duty not to discriminate under the Human Rights Law (Law) or the Federal Fair Housing Act (Act), and that it is unlawful to retaliate against any person because that person has made a complaint, testified, assisted or Participated in any manner in a proceeding under the Law or Act. Respondent (Bank of America, N.A.) further acknowledges that any subsequent retaliation or discrimination constitutes a material breach of this Agreement, and a statutory violation of the Act; ‘The parties shall cooperate with Division representatives during the course of any compliance investigation in this matter; Respondent (Bank of America, N.A.) agrees to provide Complainant with a three (3) month trial modification of his mortgage for the property located at 15 Logan Street, Brooklyn, New York. The trial period shall commence on February 1, 2012 and end on April 1, 2012. Respondent (Bank of America, N.A.) and Complainant agree that ‘Complainant's monthly mortgage payment under the trial modification program is due on the first day of each month, Respondent (Bank of America, N.A.) agrees to consider Complainant's payment “on time” provided that Complainant's trial mortgage payment is received by Respondent (Bank of America, N.A.) within thirty (30) days of the due date. The terms and conditions of the mortgage modification are stated below in paragraphs 4 through 17 of this agreement; Respondent (Bank of America, N.A.) agrees to reduce the interest rate on ‘Complainant's fixed rate FHA mortgage from 6.5% to 4.0%; Respondent (Bank of America, N.A.) agrees to waive delinquent interest charged to the Complainant in the amount of $94,344.26; Respondent (Bank of America, N.A.) agrees to capitalize Complainant's delinquent escrow account ($20,866.70) into the existing mortgage. The Respondent (Bank of ‘America, N.A.) and Complainant agree that the modification will increase ‘Complainant's unpaid principal balance from $466,867.76 (as of February 1, 2012) to $487,734.46 once Complainant has completed the 3 month trial period. The unpaid principal amount may change once the trial period is completed if any changes have occurred with Complainant's escrow account; Respondent (Bank of America, N.A.) agrees to reduce Complainant’s monthly ‘mortgage payment under Respondent's (Bank of America, N.A.) 3 month trial modification program. Respondent (Bank of America, N.A.) agrees to reduce ‘Complainant's monthly mortgage from $3,916.15 per month (which includes10. 12. 13, 14, principal, interest, property taxes and hazard insurance “PITI”) to a PIT monthly mortgage payment of $2,736.77 during the 3 month trial period, and a PITT monthly mortgage payment of $2,736.05 after the modification; ‘Complainant agrees to pay Respondent (Bank of America, N.A) $2,736.77 per month during the trial period. This amount includes principal, interest, property taxes, and hazard insurance; Upon Complainant's successful completion of Respondent's (Bank of America, N.A.) 3 month trial mortgage modification, Respondent (Bank of America, N.A.) shall convert Complainant's trial mortgage modification into a permanent modification, Respondent (Bank of America, N.A.) agrees to mail all paperwor} Respondent (Bank of America, N.A.) and Complainant agree that under Respondent's (Bank of America, N.A.) permanent modification program, Complainant will receive 4% fixed rate, 30 year mortgage. Complainant’s monthly mortgage payment will be approximately $2,767.00 per month. This amount includes principal, interest, property taxes, and hazard insurance; Complainant and Respondent (Bank of America, N.A.) agree that the total monetary value of this settlement is approximately $176,649.24 In the event Complainant does not make 3 on-time mortgage payments (as defined in paragraph 3 of this agreement) to Respondent (Bank of America, N.A.), Respondent will not offer Complainant a permanent modification of his mortgage and above paragraphs numbered 3 through 10 will not take effect; Complainant for himself, his heirs, his executors his administrators and his assigns, agrees to accept this Agreement in full and complete satisfaction of all claims and causes of actions of any nature against Respondent (Bank of America, N.A.) or their employees, agents, officers, shareholders, successors or assigns; furthermore, Complainant agrees not to sue or pursue any court or administrative action against Respondent (Bank of America, N.A.) or their employees, agents, officers, shareholders, successors or assigns, regarding claims Complainant may have had in the past, including but not limited to the subject matter of this complaint, For the purpose of implementing a full and complete release, the Complainant expressly acknowledges that this Agreement is intended to include in its effect, without limitation, claims and causes of action which the Complainant does not know or suspect to exists in his favor at the time of execution hereof, and that this Agreement contemplates extinguishment of all such claims and causes of action; By signing this Agreement, the Complainant represents, warrants, and agrees that he has done so with the full knowledge of any and all rights, which he may have by reason of the matters set forth herein. Except for matters stated in this Agreement, this,