Klar et al v. Seterus, Inc.

Filing 56

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 1/31/14. Copy sent: yes as directed.(tdai, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

JOHNKLAR

MARCY KLAR,
Plaintiffs,
Civil Action No. 3:13-cv-00462-JAG

FEDERAL NATIONAL MORTGAGE

ASSOCIATION,
SETERUS, INC.
Defendants.

MEMORANDUM OPINION

This matter comes before the Court on the defendants' Partial Motion to Dismiss (Dk.

No. 34.) The defendants, Federal National Mortgage Association ("Fannie Mae") and Seterus,

Inc. ("Seterus"), seek to dismiss six of the seven counts contained in the plaintiffs' Second
Amended Complaint. John and Marcy Klar's complaint contains a mixture of state and federal
claims relating to the defendants' ownership and servicing of their mortgage. For the reasons
stated below, the Court will GRANT in part and DENY in part the defendants' motion to dismiss
Counts I-VI.

I.

Statement of Facts

These facts come from the Klars' complaint, and the Court will treat them as true for the
purposes of this motion to dismiss.