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Documenti di Professioni
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No. 13-1214
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:12-cv-01117-AJT-JFA)
Submitted:
Decided:
Gregory
Bryl,
BRYL
LAW
OFFICES,
Washington,
D.C.,
for
Appellants.
Joseph Jason Patry, BLANK ROME LLP, Washington,
D.C., for Appellees.
PER CURIAM:
Roger
and
Janet
Jaldin
appeal
the
district
courts
I.
On
May
9,
2007,
Mr.
Jaldin
executed
deed
of
trust
Clifton,
Virginia.
The
deed
of
trust,
which
secured
J.A.
53.
The
deed
of
trust
specifies
that
November
2010,
BAC
Home
Loans
Servicing,
Defendant-
the
overdue
amount
of
$11,927.98.
The
notice,
dated
The Jaldins
not take any action against the Jaldins or the subject property.
On
October
26,
2011,
BANA
executed
substitution
of
On October 27,
the
loan
referenced
in
the
deed
of
trust.
In
However, ReconTrust
possession,
even
though
they
have
not
The Jaldins
made
payment
America,
N.A.,
Successor
by
merger
to
BAC
Home
Loan
did
not
find
BANA
J.A. 25.
listed
on
the
The Jaldins,
publicly
available
On April 25,
the owner of the debt was Deutsche Bank National Trust Company,
as Trustee for holders of the HSI Asset Loan Obligation Trust
2007-2.
J.A. 236.
County,
Virginia,
seeking
relief,
removal
of
on
cloud
declaratory
title,
breach
of
and
injunctive
contract,
and
II.
We
review
district
courts
dismissal
of
complaint
Kensington
Volunteer
Fire
Dept,
Inc.
v.
Montgomery
authorizes
federal
courts
Appellees Br 11.
to
hear
The
Cases
and
395
U.S.
486,
(1969).
There
is
well-
S.
entities
to
serve
as
trustees
of
security
trust.
is
fundamentally
question
of
congressional
three
types
of
federal
preemption:
(1)
express
state
law;
(2)
field
preemption,
where
Congress
preemption,
federal law.
where
state
law
actually
conflicts
with
(4th
Cir.
argument
2012).
to
Here,
conflict
BANA
and
preemption.
ReconTrust
Courts
restrict
will
find
their
conflict
to
the
accomplishment
and
execution
of
the
full
Supreme
Court
enumerated
and
grants
authority
of
has
incidental
not
clarified
that
powers
to
normally
limited
grants
national
by,
of
both
banks
[are]
but
rather
Barnett Bank of
The NBA
any
other
power.
Id.
at
13.
As
the
Eighth
Circuit
estate
lending
would
rendered
nullity
if
national
NBA states that the OCC may grant authority to national banks to
act as trustee, and in all other fiduciary capacit[ies].
U.S.C. 92a(a).
national
bank
12
that
does
not
have
its
principal
office
in
As
with
ReconTrusts
ability
to
execute
power
is
subjects
true,
national
as
the
banks
to
Jaldins
state
argue,
laws,
that
but
the
only
NBA
insofar
as
12 U.S.C.
also
Because
Virginia
national
banks
Code
that
do
55-58.1
not
grants
have
state
their
banks,
principal
but
not
office
in
has
support
issued
for
establishes
interpretive
this
that
letters
conclusion.
[a]
state
A
may
that
1995
limit
provide
additional
interpretive
national
letter
banks
from
also
OCC
Interpretive
Letter
No.
1103,
2008
WL
law
that
placed
requirements
on
out-of-state
banks
deed
of
trust
trustees
are
not
true
trustees
or
Id. at 23.
debtor
and
creditor
and
must
act
impartially
between
provisions
explicitly
to
deed
of
trust
10
Id. at 27.
predecessor
in
interest
appears
to
have
sent
foreclosure
property.
deed
of
and
the
Jaldins
remain
in
possession
of
the
damaged
them
because
it
forced
them
to
hire
professionals
because
the
notice
do
the
Jaldins
provide
of
intent
to
accelerate
any
factual
support
in
their
See
that
tenders
(internal
enhancement
quotations
naked
will
not
omitted)).
assertions
devoid
of
further
survive
motion
to
dismiss
We
a
find
no
error
in
the
name
[of
the
owner
of
the
debt]
either
directly
32.
TILA
requires
that
[u]pon
written
(under
Appellants
request
by
the
15 U.S.C. 1641(f)(2).
12
stating that the owner of the debt was Deutsche Bank National
Trust Company, as Trustee for holders of the HSI Asset Loan
Obligation Trust 2007-2.
WL
2389874,
at
*12
(E.D.
Va.
May
30,
2013)
of
TILA
claim
for
Detrimental reliance is an
actual
damages.
Turner
v.
Beneficial Corp., 242 F.3d 1023, 1026 (11th Cir. 2001); Santos
v. Fed. Natl Mortg. Assn, 889 F. Supp. 2d 1363, 1368 (S.D.
Fla. 2012) (dismissing TILA claim under 1641(f)(2) for failure
13
The
Jaldins
any
claims
explanation
reliance.
of
for
how
damages
the
under
alleged
TILA
do
violation
not
include
caused
detrimental
ReconTrust
to
Id.
take
foreclosure
action
against
the
clarification
regarding
identified
the
HALO
addressed
these
the
2007-2
issues,
we
owner
of
their
debt
Trust.
Because
we
need
recycle
the
not
accurately
have
already
analysis
to
find
that
the
district
court
committed
no
error
when
it
III.
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 in the decisional process.
the
reasons
stated
above,
the
ruling
of
the
district
For
court
15