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Grapentine v. Pawtucket Credit Union

United States Court of Appeals, First Circuit

June 16, 2014

JANET S. GRAPENTINE, Plaintiff, Appellant,
v.
PAWTUCKET CREDIT UNION, Defendant, Appellee

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND. Hon. John J. McConnell, Jr., U.S. District Judge.

Keven A. McKenna, on brief for appellant.

Joel E. Votolato, John T. Gannon, and McCorry and Gannon, PC., on brief for appellee.

Before Lynch, Chief Judge, Howard, and Thompson, Circuit Judges.

OPINION

Page 30

THOMPSON, Circuit Judge.

The sole question presented on this appeal is whether the district court properly dismissed the appellant's complaint for lack of subject matter jurisdiction. Finding that dismissal was proper, we affirm the ruling of the district court.

BACKGROUND

In September 2008, appellant Janet S. Grapentine (" Grapentine" ) entered into a mortgage contract with appellee Pawtucket Credit Union (" PCU" ) for the purchase of real estate in Bristol, Rhode Island. The mortgage agreement included a covenant permitting PCU to accelerate its loan and invoke its statutory power of sale in the event Grapentine defaulted on her loan payments. This private contractual remedy, to which the contract expressly referred, is authorized by Rhode Island General Laws § 34-11-22. That statute provides, in pertinent part:

The following power shall be known as the 'statutory power of sale' and may be incorporated in any mortgage by reference:
(Power)
But if default shall be made in the performance or observance of any of the

Page 31

foregoing or other conditions . . . then it shall be lawful for the mortgagee . . . to sell, together or in parcels, all and singular the premises hereby granted or intended to be ...

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