Eggiman v. Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its Trustee et al
Filing
52
MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 9/11/2017. (dest, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
GLAIR L. EGGIMAN,
Plaintiff,
Civil Action No. l:16-cv-01579
V.
VENTURES TRUST 2013-I-H-R BY
MCM CAPITAL PARTNERS, LLC,
ITS TRUSTEE, et al.,
Defendants.
MEIĀ«)RANDUM OPINION
THIS MATTER comes before the Court on Defendants Ventures
Trust 2013 I-H-R and Servis One, Inc.'s Motion to Dismiss
Plaintiff's Amended Complaint pursuant to Rule 12(b)(6) for
failure to state a claim.
This case concerns the assignment of a mortgage on
Plaintiff Clair Eggiman's property located in Fairfax County,
Virginia, and the subsequent foreclosure sale of the same
property. Plaintiff borrowed $392,000.00 in August 2005,
pursuant to an Adjustable Rate Note and Deed of Trust with
Defendant Bank United. In December 2014, Bank United assigned
Plaintiff's mortgage to Defendant Ventures Trust 2013 I-H-R
("Ventures Trust"), which later sold the property at a
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