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Federal National Mortgage Association v. Davis

United States District Court, E.D. Virginia

August 9, 2013

FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff,
v.
MICHAEL D. DAVIS and MICHELLE M. DAVIS, Defendants

Page 533

For Federal National Mortgage Association, Plaintiff, Counter Defendant: Ronald James Guillot, Jr, LEAD ATTORNEY, Samuel I White PC (VA Beach), Virginia Beach, VA; Anand Vijay Ramana, McGuireWoods LLP (DC), Washington, DC.

Michael D. Davis, Defendant, Pro se, Columbia, Va.

Michelle M. Davis, Defendant, Pro se, Columbia, Va.

For Onewest Bank, F.S.B., Counter Defendant: Anand Vijay Ramana, LEAD ATTORNEY, McGuireWoods LLP (DC), Washington, DC.

For Samuel I. White, P.C., as agent of FNMA, Counter Defendant: Ronald James Guillot, Jr, LEAD ATTORNEY, Samuel I White PC (VA Beach), Virginia Beach, VA.

For Amy E. Miller, Counter Defendant: Matthew David Green, LEAD ATTORNEY, Morris & Morris PC, Richmond, VA.

OPINION

Page 534

MEMORANDUM OPINION

Robert E. Payne, Senior United States District Judge.

This matter is before the Court on plaintiff Federal National Mortgage Association's (" FNMA" or " Fannie Mae" ) MOTION TO REMAND (Docket No. 4). For the reasons set forth below, the motion will be granted.

FACTUAL AND PROCEDURAL BACKGROUND

On July 30, 2012, OneWest Bank, FSB (" OneWest" ) foreclosed on property mortgaged by Michael and Michelle Davis (collectively, the " Davises" ). Notice of Removal (Docket No. 1) at ¶ 5. Subsequently, OneWest sold the property to FNMA. Id. As a result of the Davises' refusal to vacate the property, FNMA initiated an unlawful detainer action in the General District Court of Goochland County on October 5, 2012. Pl. Mem. in Supp. of Mot. to Remand (" Mem. in Supp." ) (Docket No. 5) at 1. On October 31, 2012, the Davises, proceeding pro se, filed a Notice of Removal to remove the unlawful detainer action to this Court. Id. On November 5, 2012, FNMA filed its Motion ...


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