United States District Court, D. New Hampshire
Jason S. Dionne, et al.
Federal National Mortgage Association and JPMorgan Chase Bank, N.A. Opinion No. 2016 DNH 155
E. Buckley, Esq.
Reed Fennessy, Esq.
Bopp Stark, Esq.
McCafferty United States District Judge.
originally filed this mortgage foreclosure dispute in New
Hampshire Superior Court, Hillsborough County, Southern
District. Defendants Federal National Mortgage Association
(“Fannie Mae”) and JPMorgan Chase Bank, N.A.
(“Chase”) removed the lawsuit to this court.
Defendants move to exclude the opinions and proposed
testimony of plaintiffs' proposed expert, Diane
Cipollone. Plaintiffs object.
Dionne has lived at her home at 40 Tallant Road in Pelham,
New Hampshire (the “property”) since 1977. In
2005, Denise added her son, Jason Dionne, to the
property's deed. In 2006, Denise, Jason, and Jason's
wife, Kathy Dionne (collectively, the “Dionnes”),
took out a loan, which was secured by a mortgage on the
property. The mortgage states that Mortgage Electronic
Registration Systems, Inc. (“MERS”) is the
mortgagee as nominee for the lender, Domestic Bank.
assigned the mortgage and note to Washington Mutual Bank
(“Mutual Bank”) in 2008. Chase obtained the
mortgage and note when it acquired Mutual Bank later in 2008.
In 2010, Chase assigned the mortgage to Fannie Mae. Chase
also acted as the loan servicer at all times relevant to this
case. The Dionnes allege that they were in default on their
obligations under the note when Mutual Bank and Chase
obtained the loan, and when Chase began servicing the loan.
2010, the Dionnes' loan was modified after they fell
behind on their loan payments. Sometime after the 2010 loan
modification, the Dionnes again fell behind on their modified
loan payment obligations.
August 2014, Chase sent the Dionnes a letter informing them that
“the foreclosure sale date has been rescheduled”
for October 1, 2014. Doc. no. 21-2 at 1. Chase did not
serve or deliver the letter via registered or certified mail.
After receiving the letter informing them of the rescheduled
foreclosure date, the Dionnes completed a loss mitigation
application (which they downloaded from Chase's website)
seeking a modification of their loan.
the next several months, the Dionnes submitted and
resubmitted various documents Chase requested with regard to
the loan modification application. Chase sent several
contradictory letters over that time frame to the Dionnes,
with some indicating that it had received all the necessary
documents and others indicating that it had not received
certain documents and requesting those documents from the
January 12, 2015, the Dionnes' home was sold at a
foreclosure sale, despite their pending loan modification