Summary
finding that because a loan servicer "has the right to collect payments on behalf of the holder and the right to foreclose upon default" its appointment of a substitute trustee under the deed of trust "was authorized as a matter of contract and agency law"
Summary of this case from Giovia v. PHH Mortg. Corp.Opinion
No. 10-1523.
Submitted: July 25, 2011.
Decided: July 28, 2011.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge (1:09-cv-01181-CMH-IDD).
Before WILKINSON, KEENAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Christopher E. Brown, BROWN, BROWN BROWN, P.C., Alexandria, Virginia, for Appellants. Jason E. Manning, John C. Lynch, TROUTMAN SANDERS, LLP, Virginia Beach, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
Ruben Larota-Florez and Carmen Rosa Cordova-Pena appeal the district court's order granting Defendants' summary judgment motion on their state law claims for declaratory judgment and quiet title. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order.See Larota-Florez v. Goldman Sachs Mortg. Co., No. 1:09-cv-01181-CMH-IDD (E.D. Va. filed Apr. 8, 2010; entered Apr. 9, 2010); see also Horvath v. Bank of N.Y., N.A., 641 F.3d 617 (4th Cir. 2011). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED