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Mbigi v. Wells Fargo Home Mortgage

The trial court erred in dismissing for failure to state a claim the plaintiff's complaint against a lender asserting claims for wrongful foreclosure, a RICO violation, fraudulent and/or negligent misrepresentation, intentional infliction of emotional distress, punitive damages, breach of duty of good faith and fair dealing and promissory estoppel arising after the lender sold his home in a foreclosure sale.

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Lovemore Mbigi sued Wells Fargo Home Mortgage, a division of Wells Fargo Bank, N. A. “Wells Fargo” after Wells Fargo sold his home in a foreclosure sale. In his complaint, as amended, Mbigi asserted claims against Wells Fargo for wrongful foreclosure, violation of the Georgia Racketeer Influenced and Corrupt Organizations Act “RICO”,1 fraudulent and/or negligent misrepresentation, intentional infliction of emotional distress, punitive damages, breach of duty of good faith and fair dealing, and promissory estoppel. The trial court granted Wells Fargo’s motion to dismiss Mbigi’s complaint for failure to state a claim. See OCGA § 9-11-12 b 6. On appeal, Mbigi contends that the trial court erred in dismissing his claims. We affirm in part and reverse in part for the reasons set forth below.

A motion to dismiss for failure to state a claim should not be granted unless:

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