Miffin v. Selene Finance LP

Filing 25

MEMORANDUM OPINION. It is so ORDERED. Signed by District Judge Robert E. Payne on 06/10/2019. Copy sent to Plaintiff electronically. (walk, )

IH THE UNITED

STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

IL

E

E

JUN I I 2019

Richmond Division

CLERK, U.S. DISTRICT COURT

RICHARD LEWIS MIFFIN,

RICHMOND VA

Plaintiff,
V.

Civil Action No.

3:19-cv-64

SELENE FINANCE LP,
Defendant.

MEMORANDUM OPINION

This

matter

is

before

the

Court

on

the

AMENDED

MOTION

DEFENDANT SELENE FINANCE LP TO DISMISS PLAINTIFF'S COMPLAINT

No.

19)

(the "AMENDED MOTION").

For the following reasons,

OF

(ECF

the

AMENDED MOTION (ECF No. 19) will be granted, and dismissal will be
with prejudice.
BACKGROUND

Richard Miffin
action

against

satisfaction"

Compl.

at

3

("Miffin"),

Selene
under

(ECF No.

Finance

Uniform

3) .

proceeding
LP

se,

("Selene")

Commercial

Selene

pro

is

Code

for

brings
"accord

("UCC")

§

this
and

3-311.

the mortgage servicer

Miffin's property in Chesterfield, Virginia. See ECF No.

for

3-1.

As alleged in the COMPLAINT (and the attached documentation),
on or around November 26,

2018, Miffin mailed an $890 money order

(the "November money order") to Selene in Houston, Texas, on which
he

wrote

(in

nearly

III

zl

indecipherable

handwriting

at

the

bottom)