Summary
granting summary judgment for defendant on plaintiff's § 35A claim, where plaintiff had "no memory of receiving a default notice and no record of receipt in his files," because defendant's employees stated that it sent the notice
Summary of this case from Chaves v. U.S. BankOpinion
CIVIL ACTION NO. 11-11815-NMG
02-03-2014
ARTHUR LEONARD, Plaintiff, v. PNC BANK, NA, Defendant.
REPORT AND RECOMMENDATION ON
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
DEIN, U.S.M.J.
I. INTRODUCTION
This action arises out of the efforts of the plaintiff, Arthur Leonard ("Leonard"), to avert the foreclosure of his home by obtaining a mortgage loan modification from the defendant, PNC Bank, NA ("PNC"), pursuant to the Home Affordable Modification Program ("HAMP"), a government program which aims to provide relief to borrowers who have defaulted or are likely to default on their mortgage loans by reducing payments to sustainable levels without discharging any of the underlying debt. Leonard alleges that throughout the course of his dealings with PNC, the defendant engaged in unfair, deceptive and otherwise unlawful conduct by, inter alia, making misrepresentations regarding the plaintiff's obligation to make mortgage payments while his application for a HAMP modification remained pending, issuing repeated requests for information that had