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Ceasar v. Wells Fargo Bank N.A.

A typographical error in the legal description of the property at issue did not invalidate the legal description and did not require reformation, since the security deed sufficiently described the property to be foreclosed upon as it specifically referenced the property's correct physical address, land lot and district, and recorded plat of subdivision in which property was located.

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Arvil and Christine Ceasar sued, following the foreclosure of their residence by Wells Fargo Bank, N.A., raising claims of wrongful foreclosure, negligence, breach of the covenant of good faith and fair dealing and unjust enrichment. Wells Fargo moved to dismiss the complaint for failure to state a claim, and the trial court granted Wells Fargo’s motion. The Ceasars appeal, contending that the trial court erred in 1 finding that a scrivener’s affidavit was sufficient to correct the typographical error in the legal description contained in the original security deed; and 2 dismissing their complaint for failure to state a claim. We discern no error and affirm.

Under OCGA § § 9-11-12 b 6, a motion to dismiss for failure to state a claim upon which relief can be granted should not be sustained unless 1 the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and 2 the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. In deciding a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party’s favor.

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