Deutsche Bank National Trust Co. v. Inocencio

U.S. Court of Appeals for the Fourth Circuit
Deutsche Bank National Trust Co. v. Inocencio, 627 F. App'x 282 (4th Cir. 2016)

Deutsche Bank National Trust Co. v. Inocencio

Opinion of the Court

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Deutsche Bank National Trust Co. brought suit in Virginia state court seeking rescission of a foreclosure sale that took place approximately four years earlier. The United States removed the action to district court and moved to dismiss pursuant to Fed,R.Civ.P. 12(b)(1), (6). The district court granted the motion to dismiss as to the United States, based on lack of subject matter jurisdiction. Because there were no viable remaining claims as against the remaining defendants, the court also dismissed the action in its entirety. We have reviewed the parties’ briefs, as well as the record on appeal, and find no reversible error. Accordingly, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.

Reference

Full Case Name
DEUTSCHE BANK NATIONAL TRUST COMPANY, As Trustee for Carrington Mortgage Loan Trust, Series 2005-Opt2, Asset Backed Pass-Through Certificates, Series 2005-Opt 2 v. Ivy K. INOCENCIO Marissa P. Gomez Equity Trustees, LLC United States of America
Status
Published