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Webb v. Bank of Am. NA

The trial court's grant of the defendant's motion to dismiss for failure to state a claim was improper.

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This appeal is from a trial court order granting a motion to dismiss a complaint for failure to state a claim. Because it does not appear with certainty that the plaintiffs would be entitled to no relief under any set of facts that could be proven in support of their claims, we reverse.

Nancy Webb and Henry Webb filed a complaint against Bank of America, N.A., asserting counts for wrongful foreclosure, intentional infliction of emotional distress, breach of contract, breach of the duty of good faith and fair dealing, declaratory judgment and attorney fees. In support of these counts, they alleged as operative facts that the bank held a mortgage on their house; that they faithfully made timely mortgage payments; that after a financial hardship the parties entered into a loan modification agreement; that the Webbs made loan payments to the bank pursuant to this agreement for 14 months; that the bank then abruptly stopped accepting loan payments and threatened the Webbs with foreclosure; that the Webbs received a purported foreclosure notice; that the bank in extreme bad faith intentionally breached the written loan modification agreement by refusing to accept payments thereunder; and that the Webbs have suffered extreme mental pain, emotional distress and physical illness requiring medical treatment as a result of the bank’s wanton, wilful and malicious conduct.

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