Eggiman v. Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its Trustee et al, No. 1:2016cv01579 - Document 52 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 9/11/2017. (dest, )

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Eggiman v. Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its Trustee et al Doc. 52 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division GLAIR L. EGGIMAN, Plaintiff, Civil Action No. l:16-cv-01579 V. VENTURES TRUST 2013-I-H-R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, et al., Defendants. MEIĀ«)RANDUM OPINION THIS MATTER comes before the Court on Defendants Ventures Trust 2013 I-H-R and Servis One, Inc.'s Motion to Dismiss Plaintiff's Amended Complaint pursuant to Rule 12(b)(6) for failure to state a claim. This case concerns the assignment of a mortgage on Plaintiff Clair Eggiman's property located in Fairfax County, Virginia, and the subsequent foreclosure sale of the same property. Plaintiff borrowed $392,000.00 in August 2005, pursuant to an Adjustable Rate Note and Deed of Trust with Defendant Bank United. In December 2014, Bank United assigned Plaintiff's mortgage to Defendant Ventures Trust 2013 I-H-R ("Ventures Trust"), which later sold the property at a Dockets.Justia.com

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