Surprenant v. PNC Mortgage

Filing 81

Chief Judge Patti B. Saris: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS Action on motion: ADOPTING Report and Recommendations re 78 Report and Recommendations; ALLOWING IN PART AND DENYING IN PART 45 Motion for Summary Judgment. "I ADOPT the report and recommendation and overrule the objection by defendant." (LaFlamme, Jennifer)

Case 1:12-cv-10019-PBS Document 78 Filed 11/20/13 Page 1 of 26

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

fOUGLAS SURPRENANT,

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Plaintiff,

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& ~PNC MORTGAGE,
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Defendant.

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Civil No. 12-100 19-PBS

REPORT AND RECOMMENDAnON ON
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

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November 20,2013

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This case arises from a familiar scenario: a homeowner's efforts to obtain a loan

'6 modification after defaulting on his mortgage payments. Although he ultimately was granted a
_~odification and remains in his home today, plaintiff Douglas Surprenant challenges the

(~I ~~~.~~ -s defendant's handling of his various applications for loan mod ifications over the course of several
S(- "-' years. Pending is a motion filed by the defendant, PNC Mortgage ("PNC"), seeking entry of

~ ~ isummary judgment with respect to each of the four claims asserted in Surprenant's complaint.
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~ ~ Doc. No. 45. Surprenant has opposed the motion, Doc. No. 65, which has been referred to the

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undersigned for a report and recommendation, Doc. No.9. For the reasons that follow, I

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recommend the motion be ALLOWED in part and DENIED in part.
I.

BACKGROUND
A.

Motion to Strike

When he originally opposed PNC's motion, Surprenant, an attorney proceeding here pro