-JFA Adams v. Samuel I. White, P.C. et al, No. 1:2011cv00323 - Document 36 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION Re: 13 MOTION to Dismiss by Flagstar Bancorp, Inc. Signed by District Judge Gerald Bruce Lee on 8/31/2011. (stas)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION CHARLENE ADAMS, Plaintiff, CIVIL ACTION NO. 1:11CV323 v. SAMUEL I. WHITE, P.C., et al, Defendants. MEMORANDUM OPINION THIS MATTER is before the Court on Defendant Flagstar Bank, FSB's ("Flagstar") Motion to Dismiss. (Dkt. No. 13.) This case concerns Plaintiffs purchase of a home that she could not afford and her blaming the lender for her inability to abide by the rules of her contract. There are eight issues before the Court. The first issue is whether the Courtshould grant Defendant Flagstar's Motion to Dismiss with regard to Plaintiffs claims under the Truth in Lending Act (TILA) and Real Estate and Settlement Procedures Act (RESPA) when (1) the loan closed on December 21, 2007, and (2) the claims were not filed until March 30,2011. The Court grants Defendant's Motion in regard to TILA and RESPA because Plaintiffs claims are barred by the one-year statute of limitations under both TILA and RESPA. The statutes of limitation began to run when Plaintiffs loan closed on December 21,2007, and the statutes of limitation for such claims expired on December 21,2008. The second issue is whether the Court should grant Defendant Flagstar's Motion to Dismiss with regard to Plaintiffs remaining state law claims when the claims arise out of the origination and servicing of her mortgage. The Court grants Defendant's Motion with regard to Plaintiffs remaining state law claims because Plaintiffs claims against Flagstar are preempted 1
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
