JPMorgan Chase Bank v. Harp
10 A.3d 718
| Me. | 2011Background
- Harp signed a promissory note and mortgage with Nationwide Lending Corp. on July 18, 2005, with payments to Long Beach Mortgage Co. per an allonge.
- A 2007 loan modification was made with Washington Mutual, successor to Long Beach Mortgage Co.
- Harp defaulted on September 1, 2008, and made no payments thereafter; Washington Mutual notified Harp of default on November 5, 2008.
- JPMorgan filed foreclosure in March 2009 alleging the mortgage was assigned to JPMorgan to be recorded; actual assignment from Nationwide to JPMorgan occurred April 16, 2009 and was recorded May 28, 2009.
- JPMorgan had difficulty serving Harp; service by publication was ordered; Harp resided in California and answered October 19, 2009.
- The trial court granted summary judgment on February 18, 2010; Harp appealed arguing lack of standing at filing; court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing at suit initiation | Harp: JPMorgan lacked standing when suit commenced | JPMorgan: standing cured by later mortgage assignment | Standing cured; summary judgment proper after assignment |
| Premature filing before ownership | Harp: suit filed before JPMorgan owned note/mortgage | JPMorgan: defect cured by assignment and not error to proceed | No reversible error; court allowed after assignment |
| Effect of notice and procedural sufficiency | Harp: defective notice and procedural gaps | JPMorgan complied with notice/ownership requirements | Summary judgment supported; no disputed material facts presented |
Key Cases Cited
- Mortg. Elec. Registration Sys., Inc. v. Saunders, 2 A.3d 289 (Me. 2010) (standing to foreclose; de novo review of ownership)
- Chase Home Fin. LLC v. Higgins, 985 A.2d 508 (Me. 2009) (strict adherence to foreclosure standing rules)
- Camden Nat'l Bank v. Peterson, 948 A.2d 1251 (Me. 2008) (summary judgment in foreclosure context)
- Tisdale v. Rawson, 822 A.2d 1136 (Me. 2003) (auto-preclusion/ratification when real party not identified)
- ABN AMRO Mortg. Grp. v. Willis, 829 A.2d 527 (Me. 2003) (default notice requirement relevance)
- Francis v. Dana-Cummings, 915 A.2d 412 (Me. 2007) (standing and access to courts)