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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 11-12194-RWZ

VICTOR G. DRAGONE, JR. v. PNC BANK, NATIONAL ASSOCIATION and HSBC BANK USA, as Trustee for GSAA HET 2005-15 MEMORANDUM OF DECISION June 7, 2013

ZOBEL, D.J. Plaintiff Victor G. Dragone, Jr. has sued defendants PNC Bank, National Association ("PNC") and HSBC Bank USA, National Association ("HSBC") to prevent them from foreclosing on his home. Defendants now move for summary judgment. I. Background In 2005, Dragone obtained a loan for $307,000, identified by a loan number ending in 5859, from First Independent Mortgage, LLC ("First Independent"). The loan was secured by a mortgage on Dragone's home at 34 Stuart Street in Everett, Massachusetts. The promissory note governing the loan required monthly payments until the loan was fully repaid, or until it reached maturity in 2035 when the entire balance comes due. In 2006, First Independent assigned Dragone's mortgage to National City Bank of Indiana. That entity then assigned the mortgage to its subsidiary National City

Mortgage Co. The mortgage and its subsequent assignments were properly recorded. National City Mortgage Co. subsequently merged with and into National City Bank ("National City"), which became the holder of the mortgage by operation of law. See 12 U.S.C.

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