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I XXXX XXXX am Plaintiff in the above-entitle complaint, I am respectfully requesting your Agency to issue an order to CURE to XXXX XXXX XXXX on my behalf under section 1322 ( c ) ( 1 ) of the Federal Rules of Civil Procedure granting Plaintiff the right to cure the default mortgage ( ARREARS ). I made several request XXXX XXXX XXXX, XXXX. Attorney for Defendant, XXXX XXXX XXXX, XXXX XXXX, XXXX, NY XXXX with no avail. The Bank improperly applied or credit my payments.
Pursuant to Federal legal or equitable right to cure under section 1322 ( c ) ( 1 ) of the Federal Rules of Civil Procedure granting Plaintiff the right to cure the default mortgage ( ARREARS ). Provides in part : Notwithstanding subsection ( b ) ( 2 ) a defaultmay be cureduntil such residence is sold at foreclosure sale that is conducted in accordance with applicable non bankruptcy law. Section 1322 ( c ) ( 1 ) was enacted in response to previous confusion as to when a debtors right to cure a default ended. Based on the statutory text and legislative history, courts have found that Congress clearly intended that section 1322 ( c ) would preempt state law and create a federal right to cure that only terminates upon a foreclosure sale.
Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX
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