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Mitchell v. Wells Fargo Bank NA

The trial court did not err in dismissing the plaintiffs' action based on the failure to comply with a bill of peace barring one plaintiff from filing lawsuits without prior court approval.

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Appellants Richard and Deborah Mitchell appeal from the dismissal of their lawsuit against Appellees Wells Fargo Bank, N.A., Mortgage Electronic Registration Systems, Inc. “MERS”, and their successors.1 We find that the trial court properly granted Appellees’ motion to dismiss based on a bill of peace, which barred Appellant Richard Mitchell from filing future lawsuits without prior court approval. Therefore, we affirm.2

In November 2005, Richard Mitchell “Mitchell” obtained title to property located at 455 St. Regis Drive, Alpharetta, Georgia, and executed a security deed in favor of MERS, who subsequently assigned the security deed to Wells Fargo as trustee. The property was foreclosed upon after Appellants became delinquent on their mortgage payments, and Wells Fargo purchased the property at a foreclosure sale on February 3, 2009. Since that time, Appellants admit that they have made numerous “dilatory filings,” proceeding pro se, in state, federal, and bankruptcy courts.

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