Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Matt v HSBC Stmnt Facts 10-30-2012

Matt v HSBC Stmnt Facts 10-30-2012

Ratings: (0)|Views: 21 |Likes:
Published by chunga85

More info:

Published by: chunga85 on Nov 26, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/26/2013

pdf

text

original

 
 
LIBA/2338701.2
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTSJODI B. MATT,Plaintiff,v.HSBC BANK USA, N.A., et al.,Defendants.Civil Action No. 1:10-cv-11621-PBS
CERTAIN DEFENDANTS’ STATEMENT OF UNDISPUTED MATERIALFACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT
Pursuant to Local Rule 56.1, Defendants Bank of America, N.A., successor by merger toBAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP(“Bank of America”), HSBC Bank USA, N.A. (“HSBC”), HSBC Bank USA, N.A., on Behalf of the Trust Fund and for the Benefit of ACE Securities Corp. Home Equity Loan Trust Series2005-HE4 Asset Backed Pass Through Certificates (“HSBC as Trustee”), CountrywideSecurities Corporation (“Countrywide”), Wells Fargo Bank, N.A. (“Wells Fargo”) and ACESecurities Corp. (“ACE”) (collectively, the “Moving Defendants”) submit this Statement of Undisputed Material Facts in Support of their Motion for Summary Judgment, which seekssummary judgment on all counts of the Complaint filed by Plaintiff Jodi B. Matt (“Plaintiff”).Deposition transcript excerpts, deposition exhibits and documents referenced herein are attachedas exhibits to the Affidavit of Maria Osinski in Support of the Moving Defendants’ Motion forSummary Judgment and the Affidavit of Courtney Benson in Support of the Moving Defendants’Motion for Summary Judgment. As required by Local Rule 5.3, all personal data identifiers inthe exhibits have been redacted.
STATEMENT OF UNDISPUTED MATERIAL FACTS
 1.
 
Plaintiff applied for a mortgage loan with Northeast Mortgage Corporation
Case 1:10-cv-11621-PBS Document 117 Filed 10/30/12 Page 1 of 7
 
 2(“Northeast”) on or around March 18, 2005.
See
Deposition of Jodi Matt (“Matt Dep.”) 20:4-9,Sept. 26, 2012. The initial Truth-in-Lending Disclosure Statement that Northeast provided toPlaintiff on March 18, 2005 indicated that the mortgage loan could bear an annual percentagerate (“APR”) of 8.158% and an initial monthly payment of $1,329.26.
See
March 18, 2005Truth-in-Lending Disclosure Statement, Exh. A.
See
 
id 
.;
see also
Matt Dep. 21:8-18.2.
 
On or around April 6, 2005, Plaintiff executed an adjustable rate promissory note(the “Note”) for $200,000 in favor of Northeast.
See
Note, Exh. B. The Note is secured by amortgage (the “Mortgage,” together with the Note, the “Mortgage Loan”) that Plaintiff alsoexecuted on or around April 6, 2005 in favor of Northeast.
See
Mortgage, Exh. C. TheMortgage is secured by the Property.
See id 
. The Note provided for an initial monthly paymentin the amount of $1,429.37 and interest rate of 7.725%.
See
Note, Exh. B. The Truth-in-Lending Disclosure Statement provided to Plaintiff at closing also indicated that the initialmonthly payment would be $1,429.37, and it informed Plaintiff of the 10.528% APR.
See
April6, 2005 Truth-in-Lending Disclosure Statement, Exh. D.3.
 
On the same date that Plaintiff obtained the Mortgage Loan from Northeast, April6, 2005, Northeast assigned the Mortgage to New Century Mortgage Corporation (“NewCentury”).
See
Affidavit of Courtney L. Benson (“Benson Aff.”) ¶ 6;
see also
Assignment toNew Century, Exh. 4. The assignment was recorded in the Norfolk County Registry of Deeds atBook 24374, Page 436 on or around December 19, 2006.
See id 
.4.
 
The Note was endorsed from Northeast to New Century without recourse.
See
 Note, Exh. B.5.
 
New Century assigned the Mortgage to HSBC as Trustee on or around November6, 2007.
See
Benson Aff. ¶ 8;
see also
Assignment to HSBC as Trustee, Exh. 6. The assignment
Case 1:10-cv-11621-PBS Document 117 Filed 10/30/12 Page 2 of 7
 
 3was recorded in the Norfolk County Registry of Deeds at Book 25302, Page 102 on or aroundNovember 16, 2007.
See id 
.6.
 
New Century then endorsed the Note in blank.
See id 
.7.
 
Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP,formerly known as Countrywide Home Loans Servicing, LP (“Bank of America”), serviced theMortgage Loan until October 1, 2012, when the servicing rights transferred to Select PortfolioServicing, Inc.
See
Affidavit of Maria Osinski (“Osinski Aff.) ¶ 3.8.
 
Plaintiff initially defaulted on the Mortgage Loan by failing to timely make herOctober 2005 monthly payment.
See
Payment History, Exh. E;
see also
Osinski Aff. ¶ 9. Afterbringing her loan current in January 2007, Plaintiff again defaulted in April 2007.
See
OsinskiAff. ¶ 9. Plaintiff sought to refinance with Countrywide’s Full Spectrum Lending Division in oraround February 2007.
See
Letter to Matt, Feb. 28, 2007, Exh. F. Countrywide providedPlaintiff with terms of the proposed refinance.
See id 
. Plaintiff chose not to refinance, however.
See
Matt Dep. 56:3-57:1. Instead, Plaintiff reinstated her loan in April 2008 by making a lumpsum payment of $34,898.35.
See
Letter to Matt from Stanton & Davis, Apr. 4, 2008, Exh. G;
seealso
Matt Dep. 64:13-65:4;
see also
Osinski Aff. ¶ 9. Plaintiff defaulted again in May 2008.9.
 
Plaintiff has not made a single payment on the Mortgage Loan since August 2008.
See
Payment History, Exh. E;
see also
Osinski Aff. ¶ 9.10.
 
Plaintiff applied for, and Bank of America offered Plaintiff, a loan modification inJune 2009.
See
Modification Offer, June 5, 2009, Exh. H. Plaintiff did not accept the loanmodification offer because she did not believe Bank of America could establish ownership of theMortgage Loan.
See
Pl.’s Response to Def. Bank of America’s Interrogatory No. 11, Exh. 2.Plaintiff also stated that she believed the modification offer should have contained a 6.99%
Case 1:10-cv-11621-PBS Document 117 Filed 10/30/12 Page 3 of 7

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->