Podgoretsky v. Ocwen Loan Servicing LLC, et al

Filing 14

MEMORANDUM OPINION re: Deft's Motion to Dismiss. Signed by District Judge Claude M. Hilton on 12/12/16. (pmil, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

OLEG G. PODGORETSKY,

Plaintiff,

Civil Action No. 1:16-cv-01255

V.

OCWEN LOAN SERVICING LLC, and
POORE SUBSTITUTE TRUSTEE LTD.
Defendants.

MEMORANDUM OPINION

THIS MATTER comes before the Court on Defendants' Motion to

Dismiss pursuant to Rule 12(b)(6) for failure to state a claim.
On March 13, 2006, Plaintiff obtained a home mortgage loan

("Loan") from American Brolcers Conduit. The Loan was evidenced

by a promissory note ("Note") and secured by a Deed of Trust,
which placed a lien on 2792 Fariba Court, Vienna, Virginia 22181
("Property").

In February 2013, Plaintiff's prior loan servicer. Homeward
Residential, transferred the Loan servicing to Ocwen Loan

Servicing, LLC ("Ocwen"). After origination and as evidenced by
an Allonge and the Assignment of Deed of Trust, the Loan was
transferred to The Bank of New York Mellon f/k/a The Bank of New

York, Successor-in-Interest to JPMorgan Chase Bank, N.A. as