Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tak Lo v. JPMorgan Chase Bank, N.A.

United States District Court, D. Massachusetts

July 10, 2018

CANDY MEI TAK LO, Plaintiff,
v.
JPMORGAN CHASE BANK, N.A., Defendant.

          MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION TO VACATE THE FORECLOSURE SALE

          F. DENNIS SAYLOR IV UNITED STATES DISTRICT JUDGE.

         This lawsuit arises out of the alleged wrongful foreclosure on a rental property-not a primary residence-owned by pro se plaintiff Candy Mei Tak Lo. Lo executed a note in 2002 and granted a mortgage on her property as security for the note. The mortgage was initially assigned to Washington Mutual Bank ("WaMu"). After Lo defaulted in 2006, she entered into a loan modification agreement ("LMA") with WaMu in April 2008. Later, the loan was acquired by defendant JPMorgan Chase, N.A. ("Chase"). Lo then made seven more payments under the LMA before defaulting again in November 2008. Because she did not make any more payments after that date, Chase foreclosed on her property in November 2015.

         The amended complaint alleges that Chase, as WaMu's successor, failed to abide by the terms of the mortgage and unlawfully foreclosed on the property without providing a proper accounting or an opportunity to cure the default. Chase has moved for summary judgment, and Lo has moved to vacate the November 2015 foreclosure sale. For the following reasons, the motion for summary judgment will be granted, and the motion to vacate the foreclosure sale will be denied.

         I. Background

         A. Factual Background

         The following facts are as set forth in the record.

         Candy Mei Tak Lo owned the property located at 315 Allston Street, Unit #3 in Brighton, Massachusetts (the "property"). (Compl. ¶ 1).[1] She did not reside there, instead living at 19 Dixon Avenue, Worcester, Massachusetts, with her fiance, Charles De Gennaro. (Id. ¶¶ 1-2).

         On October 22, 2002, Lo executed a note in the amount of $152, 000 in favor of First Alliance Bank. (Def. Ex. A; Grageda Aff. ¶ 2). She granted a mortgage on the property at 315 Allston Street to Mortgage Electronic Registration Systems ("MERS") as security for the note. (Def. Ex. B; Grageda Aff. ¶ 3).

         After making a payment on May 16, 2006, Lo defaulted on her mortgage. (Def. Ex. E; Lo Dep. at 53-55). Lo did not make a single payment on her mortgage between May 16, 2006, and April 22, 2008, a period of approximately two years. (Id.).

         On September 13, 2006, MERS assigned its interest in the mortgage to WaMu. (Def. Ex. C; Grageda Aff. ¶4).

         Lo eventually began working with WaMu on a LMA. (Lo Dep. at 56-57). On April 1, 2008, WaMu sent Lo a proposed LMA. (Def. Ex. J). The proposed LMA stated that Lo owed $173, 519.81 in principal on the note, corresponding to monthly payments of $1, 154.40. (Id.). On April 17, 2008, Lo executed a final version of the LMA, which was countersigned by WaMu Assistant Vice President Michelle Neal. (Def. Ex. K). The countersigned version provided by Chase does not state the amount Lo owed. Lo's version of the LMA that she signed showed that she owed $166, 952.56, corresponding to monthly payments of $1, 104.95, but these numbers do not appear in any bank documents. (Docket No. 7 at 81-83). In correspondence, Lo requested that WaMu mail back a countersigned copy of the document she signed. (Id. at 86-87). Regardless of the claimed discrepancy, the parties agree that they entered into the LMA in April 2008 and that it is a binding contract.

         On August 15, 2008, Lo received a loan statement from WaMu showing an outstanding balance of $172, 509.34, corresponding to monthly payments of $1, 154.40. (Id. at 94). On September 27, 2008, Lo and De Gennaro sent another letter to WaMu requesting a countersigned copy of the LMA that Lo executed. (Id. at 89). Between April 22, 2008 and November 14, 2008, Lo made seven payments, apparently pursuant to the LMA. (Def. Ex. E; Lo Dep. at 66-67).[2]

         Since November 14, 2008, Lo has not made any payments on the loan. (Def. Ex. E; Lo Dep. at 70-72). Between 2006 and late 2016, Lo was employed and earned income, and was able to rely on De Gennaro for financial support. (Lo Dep. at 25-44). In addition, Lo rented out the property between 2006 and 2015, collecting approximatively $1, 500 per month in rent. (Id. at 91-92).

         On December 16, 2008, WaMu sent Lo a 90-day right-to-cure notice to both her Worcester and Brighton addresses (Grageda Aff. ¶¶ 9-10; Def. Exs. H, I). Lo received both these letters. (Lo Dep. at 115).

         On October 9, 2009, Lo and De Gennaro responded to a notice of foreclosure scheduled for October 15, 2009, by sending a Chapter 93A demand letter. (Docket No. 7 at 91-93). The demand letter claimed that WaMu's accounting was incorrect and that Chase, as WaMu's successor, was not adhering to the terms of the LMA. (Id.).[3] In particular, the letter noted that the August 2008 statement showed a higher balance due than the April 2008 LMA Lo executed. (Id.). In response, on November 13, 2009, Chase denied all liability, but offered as a settlement offer that it would "agree[] not to foreclose on the Property until Chase [could] provide a specific response to the . . . Demand Letter." (Id. at 97-98). Lo never responded to the offer of settlement. (Lo Dep. at 75-77).

         On November 16, 2012, the FDIC, as receiver of WaMu, assigned the mortgage to Chase. (Def. Ex. D; Grageda Aff. ¶ 5).

         In early 2013, Lo was given notice that Chase had scheduled another foreclosure action on the property. (Docket No. 7 at 104-06). Lo and De Gennaro responded with another Chapter 93A demand letter, asserting that Chase had failed to provide a full accounting for the loan and improperly restarted foreclosure proceedings. (Id.).

         On August 18, 2014, Nicole Smiley, a Vice President at Chase, filed an affidavit stating that she had reviewed Chase's business records and that Lo had received notice of her right to cure pursuant to Mass. Gen. Laws ch. 244 § 35A prior to August 3, 2012. (Id. at 108-09). She further certified that the loan records were accurate, and that Chase was authorized to conduct a foreclosure sale. (Id.).

         On October 9, 2014, Chase notified Lo that a foreclosure sale would be held on November 19, 2014. (Compl. ¶ 25). That sale was postponed and rescheduled for April 17, 2015. (Id. ΒΆΒΆ 26-27). Lo and De Gennaro sent a third Chapter 93A demand letter in March 2015, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.