George v. Bank of America N.A.
821 F. Supp. 2d 299
D.D.C.2011Background
- Plaintiff, proceeding pro se, sues Bank of America N.A. under TILA and for torts related to a 2007 mortgage refinance of her primary residence in DC.
- Deed of Trust and Fixed Rate Note were executed January 30, 2007, securing a $417,000 loan at 6.625% for 412 Quackenbos Street, NW.
- Foreclosure proceedings were initiated July 1, 2010, with a scheduled sale on August 4, 2010; at that time Plaintiff owed about $481,607.77.
- Plaintiff filed this action August 13, 2010, alleging predatory lending, fraud, improper notices, and charges of false fees.
- Plaintiff asserted six causes of action: breach of fiduciary duty, negligence, common-law fraud, breach of implied covenant of good faith and fair dealing, violation of TILA, and IIED; she seeks rescission and substantial damages.
- Court granted BOA’s Rule 12(b)(6) dismissal as time-barred, noting accrual at the loan settlement date and limitations on TILA/RESPA and DC tort claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are TILA/RESPA claims time-barred? | George argues tolling from 10/10/2007 | BOA asserts accrual at settlement; filings after the period are untimely | Yes; time-barred on face of complaint. |
| Are DC tort claims time-barred? | Tolling or later accrual possible | Three-year DC limitations from accrual; untimely | Yes; time-barred as to fraud, negligence, breach, and IIED. |
| Does equitable tolling apply to toll the limitations? | Equitable tolling due to lack of information | No tolling shown; extraordinary circumstances required | No equitable tolling shown; claims time-barred. |
| May the court consider attached documents in a Rule 12(b)(6) dismissal? | Documents are misrepresented or unauthenticated | Documents integral to complaint; proper for dismissal | Court properly considered BOA's Deed of Trust and Note without converting to summary judgment. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (Supreme Court 2009) (pleading standard for plausibility)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (Supreme Court 2007) (pleading must show plausible entitlement to relief)
- Johnson v. Long Beach Mortgage Loan Trust 2001-4, 451 F. Supp. 2d 16 (D.D.C. 2006) (TILA limitations period governed by accrual at settlement)
- Ramirez v. Dept. of Justice, 594 F. Supp. 2d 58 (D.D.C. 2009) (tolling and accrual considerations in government-related claims)
- In re Dawson, 411 B.R. 1 (Bankr. D.D.C. 2008) (TILA damages and one-year limitations period)
- Winstead v. EMC Mortgage Corp., 621 F. Supp. 2d 1 (D.D.C. 2009) (RESPA/HOEPA limitations application)