A bank’s law firm has been sanctioned for failing to mention it was negotiating a mortgage modification with a borrower while pressing a foreclosure action against the borrower in the courts.

Bronx Supreme Court Justice Norma Ruiz, acting sua sponte, hit Fein, Such & Crane of Rochester with a $1,000 fine, saying the “omission of the fact that the parties were actively negotiating a loan modification during the time this [order of reference] motion was on the court’s motion calendar is a material misrepresentation that constitutes frivolous conduct.”