Manzaneda v. Seterus, Inc. et al

Filing 35

MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 5/24/2017. (rban, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

CARMEN MANZANEDA,

Plaintiff,

l:16-cv-1216 (LMB/JFA)

V.

SETERUS, INC.,etaL,
Defendants.
MEMORANDUM OPINION

Before the Court are Motions to Dismiss by defendants Samuel I. White, P.C. ("SIWPC")

and Seterus, Inc. ("Seterus"). Plaintiffpro se Carmen Manzaneda ("plaintifP' or"Manzaneda")
has responded toSIWPC's motion, which was filed on February 15,2017. Seterus, which was
notserved until March 31,2017, filed itsmotion to dismiss, includmg a proper Roseboro notice,

on May 4,2017, which adopts the same arguments as SIWPC's motion. On May 23,2017,

plaintiffresponded to Seterus' motion.^ For the reasons that follow, both motions to dismiss will
be granted.
I.

BACKGROUND

On March 7,2007, plaintiff executed a deed oftrust and note tosecure a $350,000

mortgage loan firom Mortgagestar, Inc. ("Mortgagestar"), to fmance her purchase ofproperty
located at 2268 Wheelwright Court inReston, Virginia ("the Property"). Compl. Ex. A, pkt. 1-

1] at 10. The note was an"Interest Only Fixed Rate Note," under which plaintiffwas topay
interest only, at a yearly rate of7%, for the first 120 months. [Dkt. 29-1] at 31. The Mortgage

^These filings, an"Affidavit" and Memorandimi in Support, didnotraise any newarguments.