testified that they considered Perry Brothers’ counter-offer of November 5, 1990 to be “ridiculous” and even to have been offered in “bad faith,” the bank did not decide to decline this offer until November 19,1990, and even then gave no indication that workout negotiations were deemed by the bank to be at an impasse— until after a “restriction code” had been placed on the company’s bank accounts (ef-feetively freezing them) on November 27, 1990. Finally, NCNB notified the company that it was terminating negotiations by a letter dated November 27, 1990 but which was not received by Perry Brothers for a day or two. Cf. Perry Brothers Exhibit 199, at 04 — 05.013(2)(b) (Special Asset Bank Credit Policy Manual regarding NCNB’s supposed “self-imposed” policies of good faith in it dealings) (<HOLDING>). 19(c). The Monitoring of Perry Brothers’
holding that the defendant did not establish good faith as a matter of law holding that a loan servicer as agent for the beneficiary may record a notice of default and initiate nonjudicial foreclosure recognizing that good faith requires written notice to borrowers before the bank undertakes any significant change in the status of a loan relationship  such as for example acceleration or foreclosure holding that a rule 3850 motion based upon new facts or a significant change in the law must be filed within two years of the time such facts become known or such change is announced holding that bad faith includes lack of good faith in investigating the facts of a complaint