Julio Tapia v. U.S. Bank, N.A.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cv-01025-GBL-JFA Copies to all parties and the district court/agency. [998644278].. [10-1856]

Appeal: 10-1856

Document: 42

Date Filed: 08/01/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-1856

JULIO TAPIA; EDITH TAPIA,
Plaintiffs – Appellants,
v.
U.S. BANK, N.A., as trustee for RFMSI 2006S3; RFMSI SERIES
2006-S3 TRUST; HOMECOMINGS FINANCIAL LLC; GMAC MORTGAGE LLC;
COUNTRYWIDE HOME LOANS, INCORPORATED; BANK OF AMERICA, NA;
LTD
FINANCIAL
SERVICES;
UNITED
GUARANTY
RESIDENTIAL
INSURANCE COMPANY OF NORTH CAROLINA; RESIDENTIAL FUNDING
COMPANY, LLC; MORTGAGE ELECTRONIC REGISTRATION SYSTEM,
INCORPORATED; SAMUEL I. WHITE, P.C.; JOHN & JANE DOE
CERTIFICATE HOLDERS OF RFMSI, Mortgage Backed Certificates,
I-M; JACK & JILL CERTIFICATE HOLDERS, I-M; QUI & CHI DOE,
Associations, Corporations and Entities, I-M,
Defendants – Appellees,
and
FIRST SAVINGS MORTGAGE CORPORATION; LARRY F. PRATT,
Defendants.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:09-cv-01025-GBL-JFA)

Submitted:

July 28, 2011

Decided:

Before WILKINSON, KEENAN, and DIAZ, Circuit Judges.

August 1, 2011

Appeal: 10-1856

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Date Filed: 08/01/2011

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Affirmed by unpublished per curiam opinion.

Christopher E. Brown, R. Michael Smith, BROWN,
P.C., Alexandria, Virginia, for Appellants.
TROUTMAN SANDERS, LLP, Virginia Beach, Virginia,
TROUTMAN SANDERS, LLP, Richmond, Virginia; W.
III, Harry Margerum Johnson, III, HUNTON &
Richmond, Virginia, for Appellees.

BROWN & BROWN,
John C. Lynch,
Jon S. Hubbard,
Paul Childress,
WILLIAMS, LLP,

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 10-1856

Document: 42

Date Filed: 08/01/2011

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PER CURIAM:
Julio and Edith Tapia appeal from the district court’s
final

judgment

Defendants’

Fed.

entered
R.

after

Civ.

P.

the

district

12(b)(6)

court

motions

to

granted
dismiss

Plaintiffs' state law claims for declaratory judgment, breach of
fiduciary duty, and quiet title, as well as their claim under
the Fair Debt Collection Practices Act, 15 U.S.C.A. §§ 16921692p (West 2009 & Supp. 2011).
find no reversible error.
court’s final judgment.

We have reviewed the record and

Accordingly, we affirm the district

See Tapia v. U.S. Bank, N.A., No. 1:09-

cv-01025-GBL-JFA (E.D. Va. filed June 30, 2010; entered July 1,
2010); see also Horvath v. Bank of N.Y., N.A., 641 F.3d 617 (4th
Cir. 2011).

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials
before

the

court

and

argument

would

not

aid

the

decisional

process.

AFFIRMED

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