Granados v. Bank of America, N.A. et al, No. 1:2015cv00752 - Document 16 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION and ORDER. ORDERED that Defendants' Motion to Dismiss under FRCP 12(b)(6) is GRANTED and Plaintiff Granado's Complaint is DISMISSED with Prejudice. Subsequent to the Court's 7/24/2015 Order granting Defendants' Motion to Dismiss, Plaintiff filed a Motion for Voluntary Dismissal. Because the case was closed prior to the filing, Plaintiff's Motion for Dismissal is DENIED as MOOT. Signed by District Judge Gerald Bruce Lee on 8/19/2015. (rban, )
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Granados v. Bank of America, N.A. et al Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION CARLOS GRANADOS, Plaintiff, Case No. l-15-cv-752-GBL V. BANK OF AMERICA, N.A. et. al, Defendant. MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on Bank of America, N.A. ("BOA") and Shellpoint Mortgage Servicing ("Shellpoint") (collectively, "Defendants")'s Motion to Dismiss Plaintiff Carlos Granados ("Plaintiff")'s Complamt for failure to state a claim on Count I declaratory judgment pursuant to 28 U.S.C. ยง 2201, Count 11 fraud and deceit, Count III negligence. Count IV quiet title, Count V accounting. Count VI complaint for temporary restraining order and permanent injunction, and Count VII violation of the Federal Debt Collection Practices Act ("FDCPA") v^here Defendants argue that Granados fails to plead facts sufficient to establish a plausible claim for relief on any of these counts. The Court GRANTS Defendants' Motion to Dismiss for failure to state a claim on all counts. Count I is deficient because there is no case or controversy established since Defendants have the right to enforce the promissory note as servicers and holders of the deed of trust and note on behalf of the investors. Count II is deficient because Plaintiff does not allege any misrepresentations made by Defendants which caused him to suffer damage. Count III is deficient because Plaintiff fails to specifically identify the duty owed to him by Defendants or any breach of that duty. Count IV is deficient because Plaintiffs claim to quiet title lacks merit Dockets.Justia.com
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