Combs v. U.S. Bank National Association et al

Filing 16

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 6/28/2017. (awac, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Barbara L. Combs, Civil No. l:17-cv-545 Plaintiff, Hon. Liam O'Grady Hon. John F. Anderson U.S. Bank National Association, as Trustee for JP ALT 2006-SI, Defendant. MEMORANDUM OPINION This case comes before the Court on Defendants' motions to dismiss. Specifically, U.S. Bank has filed a substantive motion to dismiss for failure to state a claim. (Dkt. No. 3). CoDefendant Surety Trustees, LLC ("Surety") has also filed a motion to dismiss in which it joins with, and incorporates the reasons for, U.S. Bank's motion. (Dkt. No. 10). Plaintiff concedes that Surety is only a "nominal party" but contends that it is also a necessary party under Virginia law because Plaintiff seeks rescission of a foreclosure action. Opp'nat 2 (Dkt. No. 15). The matter has been fully briefed and the Court found that oral argument was not necessary for the resolution of the motions. For the following reasons, the Court finds good cause to GRANT Defendants' motions. Accordingly, Counts II and III will be dismissed with prejudice. Count I will be dismissed without prejudice. I. BACKGROUND The subject of this dispute is a piece of real property located at 20760 Dewberry Court, Ashbury, Virginia 20147 (the "Property"). On April 26, 2006, Plaintiff entered into a mortgage

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