Reyes v. America's Servicing Company et al

Filing 12

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)

IN THE UNITED STATES DISTRICT
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JUL 2 4 2013

FOR THE EASTERN DISTRICT OP VIR<£

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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