Prescott v. PHH Mortgage Corporation et al
Filing
49
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 2/7/2017. Copy mailed to Pro Se Plaintiff. (jsmi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
PATRICIA A. PRESCOTT,
Plaintiff,
v.
Civil Action No. 3:16cv288
PHH MORTGAGE CORPORATION,
et al.,
Defendants.
MEMORANDUM OPINION
This matter is before the Court on the PLAINTIFF'S MOTION
FOR SUMMARY JUDGEMENT
dismiss
filed
by
the
MOTION TO DISMISS
CORNER,
16)
[sic]
Defendants:
(ECF No.
9)
filed
PHH
and several motions to
MORTGAGE
25)
and
the
Professional
the
reasons
SPROUSES
PLAINTIFF'S COMPLAINT
(ECF No.
and the MOTION TO
Foreclosure
forth
below,
CORPORATION'S
DEFENDANT,
DISMISS
jointly by Defendants Shapiro,
(ECF No.
set
44)
("PHH Mot."),
LLC' S MOTION TO DISMISS
("Sprouses Mot."),
granted,
(ECF No.
Corporation
the
of
Defendants'
("PCF Mot.")
Brown,
& Alt
Virginia.
motions
the Plaintiff's motion will be denied as moot,
For
will
be
and this
action will be dismissed.
BACKGROUND
Patricia
June
6,
Prescott
2016.
Defendants,
but
(ECF
only
filed
No.
the
Complaint -in
4) .
The
Complaint
four
have
been
this
names
properly
a
action
on
number
of
served
in
this
case:
PHH
Mortgage
Foreclosure
Alt
Corporation
Corporation
of
Virginia
("Shapiro"),
and Sprouses
Defendants
(hereinafter
four
motions to dismiss.
facts
alleged
in
("PHH") ,
the
("PFC"),
Corner,
LLC
Professional
Shapiro,
Brown
&
("Sprouses") . 1 These
"Defendants")
have
all
filed
For purposes of determining the motions, the
the
Complaint
must
be
assumed true,
and the
Complaint must be read liberally in light of Prescott's status
as a pro se plaintiff.
( 2007)
be
("[A]
held
to
See Erickson v.
pro se complaint,
less
stringent
Pardus,
551 U.S.
89,
94
however inartfully pleaded, must
standards
than
formal
pleadings
drafted by lawyers.").
A. Relevant Facts
Prescott purchased the property in question in December of
2003,
secured by
a
Deed
of
Trust
and
Note
in
the
amount
of
$130,000.
(Compl.
the loan,
and Prescott made timely payments to them until 2009.
(Compl.
12) .
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