Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

James v. Bank of Am. NA

The trial court erred in dismissing the plaintiff's claims for wrongful foreclosure and breach of contract arising from the foreclosure of real property that secured a promissory note, as the allegations in the complaint sufficiently alleged that the bank failed to send notice of foreclosure, not just that the plaintiff had not received notice.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Raymona James filed this action in the Superior Court of Cobb County against Bank of America, N. A. “BANA” and Federal National Mortgage Corporation “Fannie Mae”, asserting claims for, among other things, wrongful foreclosure, breach of contract, intentional infliction of emotional distress, and violation of the Fair Business Practices Act. After discovery and an unsuccessful mediation, BANA and Fannie Mae filed a joint motion to dismiss the complaint for failure to state a claim upon which relief could be granted. James filed a motion for contempt against Fannie Mae for its conduct during mediation. The trial court granted BANA and Fannie Mae’s motion and dismissed James’s claims, and denied James’s motion for contempt. For the reasons that follow, we reverse the trial court’s ruling as to James’s claims for wrongful foreclosure and breach of contract, but we affirm in all other respects.

On appeal, BANA’s and Fannie Mae’s motion to dismiss will be treated as a motion for judgment on the pleadings, because it was filed after the pleadings were closed and was predicated on the complaint and the documents incorporated therein. See OCGA § 9-11-12 c; Haldi v. Piedmont Nephrology Assoc., P.C., 283 Ga. App. 321, 321 22 641 SE2d 298 2007. We construe the complaint and all reasonable inferences in favor of James, and conduct a de novo review of the trial court’s ruling. See McCobb v. Clayton Cnty., 309 Ga. App. 217 710 SE2d 207 2011. The motion “should not be granted unless the averments in the complaint disclose with certainty that James would not be entitled to relief under any state of facts which could be proved in support of her claim.” Citation and punctuation omitted. Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs