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Bank of America, N.A. v. Gibson

Superior Court of Pennsylvania

October 2, 2014

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., Appellee
v.
MATTHEW J. GIBSON, Appellant

Argued June 25, 2014

Appeal from the Order of the Court of Common Pleas, Chester County, Civil Division, No(s): 12-09196-RC. Before MAHON, J.

Matthew B. Weisberg, Morton, for appellant.

Lauren R. Tabas, Philadelphia, for appellee.

BEFORE: GANTMAN, P.J., PANELLA, and STABILE, JJ.

OPINION

Page 463

STABILE, J.

In this mortgage foreclosure action, the trial court entered summary judgment in favor of the mortgage holder, Appellee, Bank of America, N.A., successor by merger to BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. (Bank of America). William Gibson, Appellant and mortgagor, appeals from that order, arguing that disputed, genuine issues of material fact exist regarding an assignment of the mortgage, thus precluding

Page 464

entry of summary judgment. We affirm.

On April 26, 2007, Appellant mortgaged the subject property to National Bank of Kansas City, the Lender, with Mortgage Electronic Systems Inc. (MERS) " acting solely as nominee for Lender and Lender's successors and assigns." Mortgage ¶ (C). The mortgage stated further:

Borrower [ i.e., Appellant] understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, releasing and cancelling this Security Instrument.

Id. ¶ (Q). Appellant concurrently executed a promissory note in favor of National Bank of Kansas City. MERS later assigned the mortgage to Countrywide Home Loans, Inc., who then, in turn, assigned the mortgage to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP. Bank of America subsequently subsumed BAC Home Loans Servicing, LP, by merger.[1]

Bank of America filed a complaint in foreclosure against Appellant on August 29, 2012. Bank of America pled that it held Appellant's mortgage, and the mortgage was in default. In his answer with new matter, Appellant responded with general denials and a claim that he never executed a mortgage in favor of MERS. Bank of ...


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