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, )

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