Reyes v. America's Servicing Company et al, No. 1:2013cv00547 - Document 12 (E.D. Va. 2013)

Court Description: MEMORANDUM OPINION Re: Defts HSBC Bank USA, N.A., as Trustee for Deutsche Alt-A Securities Mortgage Loan Trust, Wells Fargo Bank, N.A., and Samuel I. White, P.C.'s Motion to Dismiss pursuant to FRCP 12(b)(6). Signed by District Judge Claude M. Hilton on 07/24/13. (pmil)

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Reyes v. America's Servicing Company et al Doc. 12 IN THE UNITED STATES DISTRICT IIA i r^ JUL 2 4 2013 FOR THE EASTERN DISTRICT OP VIR<£ U I Alexandria Division SANTOS REYES, CLERK. U.S. Dl^Tn.CT COURT ALEXANDRIA. VIRGINIA Plaintiff, Civil Action No. l:13-cv-547 WELLS FARGO BANK, N.A., et al., Defendants. MEMORANDUM OPINION This matter comes before the Court on Defendants HSBC Bank USA, N.A., as Trustee for Deutsche Alt-A Securities Mortgage Loan Trust {"HSBC"), Wells Fargo Bank, N.A. ("Wells Fargo"), and Samuel I. White, P.C.'s ("SIWPC") (collectively, "Defendants") Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). On or about May 2, 2006, Plaintiff Santos Reyes ("Plaintiff") purchased property at 19451 Harmony Church Road, Leesburg, VA 20175 (the "Property") and entered into an adjustable interest rate loan transaction with Mortgagelt, Inc. as Lender (the "Loan"). Plaintiff signed a Promissory Note for $452,000 (the "Note"), which detailed how and when the interest rate adjustments would occur over time. By signing the Note, Plaintiff agreed that "I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and Dockets.Justia.com

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