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, )

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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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