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.

MEI«)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