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Young v. CitiMortgage, Inc.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION
Jul 2, 2013
Civil Action No.: 5:12cv079 (W.D. Va. Jul. 2, 2013)

Summary

finding that deeds of trust and underlying promissory notes governed relationship between lender and plaintiff and therefore unjust enrichment claim was barred

Summary of this case from Whala v. PNC Bank Nat'l Ass'n

Opinion

Civil Action No.: 5:12cv079

07-02-2013

YAVOCKA YOUNG, Plaintiff, v. CITIMORTGAGE, INC. et al., Defendant.


ORDER

This matter was referred to the Honorable James G. Welsh, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended disposition. The Magistrate Judge filed a report and recommendation on May 23, 2013, recommending that the motions to dismiss filed by both defendants CitiMortgage, Inc. and J.P. Morgan Chase Bank be granted. (Dkt. No. 44). No objections to the report and recommendation have been filed, and the court is of the opinion that the report and recommendation should be adopted in its entirety. It is accordingly ORDERED and ADJUDGED that defendant CitiMortgage's Motion to Dismiss (Dkt. No. 28) is GRANTED, defendant J.P. Morgan Chase Bank's Motion to Dismiss (Dkt. No. 32) is GRANTED, that the report and recommendation be ADOPTED in its entirety (Dkt. No. 44), and that this matter is DISMISSED with prejudice and STRICKEN from the active docket of the court.

The Clerk is directed to send a copy of this Order to all counsel of record, including plaintiff, proceeding pro se.

Entered: 07-02-2013

/s/

Michael F. Urbanski

United States District Judge


Summaries of

Young v. CitiMortgage, Inc.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION
Jul 2, 2013
Civil Action No.: 5:12cv079 (W.D. Va. Jul. 2, 2013)

finding that deeds of trust and underlying promissory notes governed relationship between lender and plaintiff and therefore unjust enrichment claim was barred

Summary of this case from Whala v. PNC Bank Nat'l Ass'n

stating that "Virginia law does not recognize a cause of action for 'wrongful foreclosure'"

Summary of this case from Wingate v. Ocwen Loan Servicing, LLC

noting that "[t]he discovery process is not a fishing expedition, and a party is not entitled to discovery simply in hope that something will turn up."

Summary of this case from Karn v. PTS of Am., LLC

explaining that there was no "common-law duty of care" owed by the defendant to the plaintiff with respect to their mortgage relationship; rather, the defendant's "duties were defined solely by any enforceable promises it made"

Summary of this case from Orbit Corp v. Fedex Ground Package Sys., Inc.

noting that loan documents "negate any suggestion of some implied contract between [Plaintiff] and [Defendant], and they demonstrate that [Plaintiff's] unjust enrichment claim has no basis in law."

Summary of this case from Vaughan v. Wells Fargo Bank, N.A.
Case details for

Young v. CitiMortgage, Inc.

Case Details

Full title:YAVOCKA YOUNG, Plaintiff, v. CITIMORTGAGE, INC. et al., Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION

Date published: Jul 2, 2013

Citations

Civil Action No.: 5:12cv079 (W.D. Va. Jul. 2, 2013)

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