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Rossop, v. Bank of America Corp.

United States District Court, First Circuit

December 17, 2013

John A. Rossop and Margo H. Parker
v.
Bank of America Corporation, et al. Opinion No. 2013 DNH 172

John A. Rossop,

pro se Margo H. Parker, pro se

Mark E. Porada, Esq.

MEMORANDUM AND ORDER

PAUL BARBADORO, UNITED STATES DISTRICT JUDGE

This case arises from two loans obtained by plaintiffs John Rossop and Margo Parker, both secured by mortgages on the plaintiffs’ home in Hampton Falls, New Hampshire. The plaintiffs seek several forms of relief based on a variety of federal and state law claims relating to the origination and servicing of their loans, the assignment of their notes and mortgages, the foreclosure of the senior mortgage, and the sale of their home at auction. The only remaining defendant in this case, American Home Mortgage Services, Inc., [1] moves for summary judgment pursuant to Federal Rule of Civil Procedure 56. I grant the motion.

I. BACKGROUND

The plaintiffs’ complaint includes several unrelated allegations pertaining to two separate home loans and their associated mortgages. I address each loan before turning to the relevant procedural history.

A. The November 19, 2002 Home Loan and Mortgage

As consideration for a $110, 000 home loan, John Rossop executed a promissory note on November 19, 2002 payable to First National Bank of Nassau County, now known as CBC National Bank, a wholly-owned subsidiary of Coastal Banking Company, Inc. Doc. Nos. 21, 22. At all relevant times, Bank of America, N.A. serviced the loan. The note was secured by a mortgage on residential property that Rossop purchased with the loan proceeds; First National was named mortgagee. On November 25, 2002, First National assigned the mortgage to Mortgage Electronic Registration Systems (“MERS”) as nominee for Countrywide Home Loans, Inc. and Countrywide’s successors and assigns. On November 12, 2010, MERS assigned the mortgage to Federal National Mortgage Association (Fannie Mae). Id. Rossop defaulted on his loan obligations in April 2011.[2] Doc. No. 1-2. On June 14, 2011, Rossop recorded a warranty deed purporting to jointly deed the property to Rossop and Margo Parker. Doc. Nos. 21, 22. On January 24, 2012, Fannie Mae served a Notice of Foreclosure Sale on the plaintiffs informing them that an auction was scheduled for February 23, 2012. Fannie Mae sold the property on that date to Frank Depippo for $145, 391.40. Depippo subsequently assigned his interest in the property to Blue Spruce Ocean Holdings, LLC. Fannie Mae executed a Foreclosure Deed under Power of Sale on April 6, 2012. Id. Blue Spruce subsequently leased the property back to the plaintiffs, where they continued to reside for a period of time. Doc. No. 11.

B. The August 5, 2004 Home Loan and Mortgage

On September 30, 2005, H&R Block Mortgage Corp. granted Rossop and Marcia E. Kelly Rossop a second loan of $85, 000.00. Doc. Nos. 21, 22. This loan was secured by a second mortgage on the property, junior in priority to the earlier mortgage, with H&R Block named as mortgagee. American Home serviced the second loan. On May 9, 2006, H&R Block assigned the second mortgage to Option One Mortgage Corp. The second mortgage was never foreclosed; rather, it was extinguished on February 23, 2012 by the foreclosure of the first mortgage. The second mortgage and the parties associated with it had no further relationship to the first mortgage and its associated parties. Id.

C. Relevant Procedural History

On August 6, 2012, the plaintiffs petitioned the New Hampshire Superior Court seeking a variety of forms of relief in law and equity against Bank of America, American Home, Coastal Banking, and Blue Spruce. Doc. No. 7. On January 4, 2013, the court dismissed Blue Spruce. The remaining defendants removed the case to this court on March 13, 2013. Id. In separate orders, I granted Coastal Banking’s and Bank of America’s motions to dismiss all counts relating to them for failure to state a claim. Endorsed Order, Rossop v. Bank of America Corp., No. 13-cv-112-PB (D.N.H. July 3, 2013); Endorsed Order, Rossop, No. 13-cv-112-PB (D.N.H. May 13, 2013). On July 3, 2013, I granted American Home’s motion to dismiss Counts three, six, seven, eight, and nine for failure to state a claim. Endorsed Order, Rossop, No. 13-cv-112-PB (D.N.H. May 13, 2013). That same ...


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