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JPMorgan Chase Bank, National Association v. Hopkins

Superior Court of Delaware, New Castle

September 12, 2013

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiffs,
v.
MICHELLE HOPKINS, Defendant

Submitted: September 12, 2013

Opinion Issued: September 16, 2013

Revised: September 17, 2013

Robert T. Aulgur, Jr., Esquire, and Monica Loftin Townsend, Esquire, Whittington & Aulgur, Middletown, Delaware, Attorneys for Plaintiff JPMorgan Chase Bank.

Michelle Hopkins, Wilmington, Delaware, pro se.

MEMORANDUM OPINION

Paul R. Wallace, Judge

I. Introduction

Plaintiff JPMorgan Chase Bank ("JPMorgan Chase") filed a scire facias sur mortgage complaint against Defendant Michelle Hopkins ("Defendant"), seeking foreclosure of JPMorgan Chase's interest in property located on St. Thomas Court in Wilmington, Delaware. The operative mortgage agreements between the parties provided inter alia that, upon Ms. Hopkins' failure to pay obligations when due, default would result and JPMorgan Chase could foreclose upon the property for collection of the obligation and certain related costs.

For the following reasons, Plaintiff's Motion for Summary Judgment is GRANTED.

II. Factual Background

Michelle Hopkins executed a mortgage with Chase Manhattan Mortgage Corp. on September 24, 2001.[1] On January 5, 2007, Ms. Hopkins executed a Loan Modification Agreement effective January 1, 2007, with Chase Home Finance, LLC, [2] successor in interest (by merger) to Chase Manhattan Mortgage Corp.[3] On April 18, 2008, Michelle Hopkins executed another Loan Modification Agreement with Chase Home Finance, LLC.[4] Ms. Hopkins defaulted in payments on or about April 1, 2009.[5] More specifically, Ms. Hopkins failed to make regular periodic payments required by 2008 Loan Modification Agreement[6] which references the Promissory Note signed in connection with the origination of the loan. To date the arrearages have neither been paid nor has the default otherwise been cured.

III. Procedural Background

Classifying its action as "Non-Arbitration Case/Scire Facias Sur Mortgage, " JPMorgan Chase filed its in rem mortgage foreclosure Complaint on September 30, 2011. Ms. Hopkins answered several months thereafter. In her Answer, Ms. Hopkins claimed that all prior loan modifications had been vacated by JPMorgan Chase, that her loan was currently under review for a new modification and that representatives of JPMorgan Chase had advised her to stop making payments during the loan modification process.[7]

On March 19, 2013, JPMorgan Chase filed its Affidavit of Loss Mitigation.[8]In its affidavit, JPMorgan Chase made clear that Ms. Hopkins is currently ineligible for any applicable loss mitigation ...


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