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Mark Frappier v. Countrywide Home Loans, Inc

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Before Boudin, Lipez and Howard, Circuit Judges.

In this diversity case, plaintiff Mark Frappier sued defendant Countrywide Home Loans, Inc. (“Countrywide”), alleging that Countrywide engaged in prohibited predatory lending practices with respect to his home mortgage loan for a property at 26 Matthews Road in Southwick, Massachusetts (the “home”). The district court granted Countrywide’s motion for summary judgment, and Frappier appeals.

Frappier and his second wife purchased the home in 1999 with an $88,272 mortgage loan. Over the next six years, he refinanced the loan four times, each time pulling more equity out of the property. The further refinancing at issue in this case was precipitated by Frappier’s March 2006 divorce from his third wife, pursuant to which Frappier was required either to sell the home by a set deadline or to refinance the then existing $193,000 mortgage loan to remove his ex-wife’s name from the loan.

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