NICHOLS v. PROFESSIONAL FORECLOSURE CORPORATION OF VIRGINIA LLC FDIC 2013 R2 (2021)

Dwight Nichols appeals the district court's order dismissing his second amended complaint alleging fraud in connection with his mortgage contract as time-barred. We have reviewed the record and find no reversible error. Nichols asserts that $150,000 was deposited into his bank account in 2006 for a mortgage for which he did not apply. A person of ordinary prudence exercising due diligence would have known in 2006 that some fraud may have occurred. Thus, Nichols’ complaint, filed in 2018, is barred by Virginia's two-year statute of limitations.^* See Va. Code Ann. § 8.01-243(A); Schmidt v. Household Fin. Corp., 276 Va. 108, 661 S.E. 2d 834, 838-39 (2008). Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. Nichols v. Prof. Foreclosure Corp., No. 2:18-cv-00256-AWA-RJK (E.D. Va. Jan. 3, 2020). 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

FOOTNOTES

FOOTNOTE.   We reject Nichols’ assertion that the district court lacked diversity jurisdiction.

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.