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Fairfax v. Wells Fargo Bank NA

The plaintiff failed to state a cause of action for alleged overbilling that resulted in the foreclosure of her home.

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Cherie Fairfax, pro se, appeals from the trial court’s grant of the motions to dismiss for failure to state a claim of defendants Wells Fargo Bank, N. A. Wells Fargo, as trustee for Option One Mortgage Loan Trust 2007-5 and American Home Mortgage Servicing, Inc. AHMS, and McCurdy & Candler, LLC McCurdy. Finding no error, we affirm. “On appeal from the grant of a motion to dismiss, we review the record de novo and treat all well-pled material allegations by the nonmovant as true and all denials by the movant as false.”1

The main claim alleged in Fairfax’s Third Amended Petition for Injunction and Declaratory Relief appears to be that she was defrauded through overbilling by Wells Fargo, AHMS, and McCurdy2 on her mortgage and this is the only claim addressed in her enumeration of errors. Fairfax alleges that this continued overbilling resulted in the wrongful foreclosure on her home.

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