Manzaneda v. Seterus, Inc. et al

Filing 35

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

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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.

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