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Raymona Jamesv.Bank of America, N. A. et al.

CourtCourt of Appeals of Georgia
Docket No.A14A2159
DecidedMay 15, 2015
Reporter332 Ga. App. 365; 772 S.E.2d 812
JudgesCourt of Appeals of Georgia, First Division; Chief Judge Phipps, Presiding Judge Ellington, and Judge McMillian; Presiding Judge Ellington authored the opinion
Tags
CivilContract LawConsumer ProtectionCivil ProcedureStatutory InterpretationReversalRemand
Case Summary

Raymona James sued Bank of America and Fannie Mae in Cobb County Superior Court over the nonjudicial foreclosure of property securing her promissory note. She alleged that the lenders failed to provide the notice required by the security deed and Georgia foreclosure statutes, and asserted wrongful-foreclosure, breach-of-contract, emotional-distress, and Fair Business Practices Act claims. After discovery and an unsuccessful mediation, the trial court treated the defendants’ motion as one for judgment on the pleadings, dismissed James’s claims, and denied her motion for civil contempt based on the mediation. The Court of Appeals of Georgia affirmed in part and reversed in part. The court held that James’s allegations that Bank of America foreclosed without sending the required notice were sufficient to state both wrongful-foreclosure and breach-of-contract claims. The trial court therefore erred by treating the deed’s boilerplate statement that notice was sent as conclusive at the pleading stage. The court affirmed dismissal of the intentional-infliction claim because the alleged failure to provide notice did not meet Georgia’s stringent extreme-and-outrageous conduct standard. It also affirmed dismissal of the Fair Business Practices Act claim because residential mortgage transactions are regulated and fall within the statute’s exemption. Finally, the denial of contempt was supported by evidence that the mediation representative had sufficient knowledge and settlement authority. The judgment was affirmed in part and reversed in part, with the wrongful-foreclosure and contract claims allowed to proceed.

Opinion

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