Webb v. Bank of America, N.A.
328 Ga. App. 62
| Ga. Ct. App. | 2014Background
- Nancy Webb and Henry Webb sued Bank of America, N.A. for wrongful foreclosure, emotional distress, breach of contract, breach of the duty of good faith, declaratory relief and attorney fees.
- They alleged a mortgage existed, they paid timely and later made 14 months of payments under a loan modification agreement.
- The bank allegedly stopped accepting payments and threatened foreclosure, and issued a purported foreclosure notice.
- The complaint claimed the bank intentionally breached the modification agreement and acted in bad faith, causing distress and medical issues.
- Bank moved to dismiss under OCGA § 9-11-12(b)(6) for failure to state a claim; trial court granted the dismissal.
- The appellate court reversed, holding the complaint could allege provable facts that would warrant relief; dismissal was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint states a claim to relief on its face | Webbs contend dismissal improper if facts could show relief | Bank argues no viable claim under any facts pleaded | Dismissal reversed; facts may support relief |
| Whether alleged modification breach and foreclosure threats support wrongful foreclosure | Webbs may prove intentional breach of modification and threats | Bank disputes existence or enforceability of modification | Sufficient to permit relief under framework of complaint |
| Whether the complaint adequately states contract and related claims without all elements | Elements need not be pleaded in full at this stage | Lack of certain elements mandates dismissal | Not required to plead every element at this stage |
Key Cases Cited
- Austin v. Clark, 294 Ga. 773 (Ga. 2014) (motion-to-dismiss standard: could be sustained only if no evidence could support relief)
- Racette v. Bank of America, 318 Ga. App. 171 (Ga. App. 2012) (reversing dismissal for wrongful foreclosure and related claims)
- Blue View Corp. v. Bell, 298 Ga. App. 277 (Ga. App. 2009) (intentional wrongful foreclosure can support emotional-distress claims)
- Scott v. Scott, 311 Ga. App. 726 (Ga. App. 2011) (complaint need not plead all elements to survive; evidence may emerge later)
- Anderson v. Flake, 267 Ga. 498 (Ga. 1997) (motion to dismiss denied where evidence could sustain relief)