Thomas D. Horne, Chief Judge
SUMMARY OPINION AND ORDER
This matter is before the Court on the Demurrers filed by defendants to Plaintiffs' Amended Complaint for Declaratory and other relief. Based upon a review of the pleadings, papers filed, and arguments of counsel, the Court finds as follows:
As to defendants Deutsche Bank National Trust Company, OneWest Bank, FSB and Mortgage Electronic Registration Systems:
Count I: Failure to Provide Proof of Standing to Foreclose. As counsel for the defendants, Deutsche Bank National Trust Company, OneWest Bank, FSB and Mortgage Electronic Registration Systems, has observed, Virginia is a non-judicial foreclosure state. No valid cause of action lies for a failure to establish proof of standing to foreclose. The demurrer is sustained and Count I is
dismissed .
Count IV: Violation of Fair Credit Reporting Act. Plaintiffs fail to allege the necessary element of this claim. The demurrer is sustained and Count IV is dismissed .
Count V: Declaratory Judgment (Action to Quiet Title). The demurrer is sustained however, plaintiffs are granted ten days to replead the count should they be so advised. Plaintiff has failed to plead sufficient facts to justify the relief sought.
Count VII: Unjust Enrichment: As pled, plaintiffs do not state a claim for unjust enrichment. The demurrer is sustained. However, plaintiffs are afforded ten days to replead this count should they be so advised.
As to the defendant Stewart Title Guarantee Company:
The demurrer of Stewart Title Guarantee Company to Count VI is sustained and the Count is dismissed .
As to the Pleas in Bar filed by the defendants Deutsche Bank National Trust Company, One West Bank FSB, and Mortgage Electronic Registration Systems to Counts II, III, and V of the Amended Complaint:
The determination of when the alleged fraud participated in by the defendants was discovered or, in the exercise of due diligence should have been discovered, cannot be determined on the extant record. An evidentiary hearing (or motion for summary judgment based upon applicable discovery responses) should be set on the pleas. It is noted that such a hearing is to be set without a jury, as neither side requested same. Accordingly, a ruling is deferred.
The
preliminary injunction is continued to July 2,
2010,
at 10:00 A.M. at which time it will be dissolved unless otherwise extended. It is anticipated that any challenge to the legal sufficiency of the amendments permitted by this Order may be addressed at that time.
Counsel may note their exception by separate endorsements filed within ten days of the entry of this Order.
Entered this 1st day of June 2010
__________
Thomas D. Horne, Chief Judge Rule 1:13 TDH