Adams v. Mortgage Electronic Registration Systems, Inc. et al
| Joycelyn Adams |
| Countrywide Home Loans, Inc., BAC, Bank of America, The Bank of New York Mellon and Mortgage Electronic Registration Systems, Inc. |
| 1:2011cv04263 |
| December 9, 2011 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| De Kalb |
| Richard W. Story |
| Foreclosure |
| 28 U.S.C. ยง 1444 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
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ORDER granting Defendants Countrywide Home Loans, Inc. and Bank of America Corporation's 19 Motion for Summary Judgment. The Clerk is directed to enter judgment in favor of Defendants and to close the case. Signed by Judge Richard W. Story on 5/9/2013. (cem)
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Filing
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ORDER granting in part and denying in part 14 Motion to Dismiss for Failure to State a Claim. It is GRANTED with respect to Defendants MERS and BONY, against whom the Amended Complaint is dismissed in its entirety. GRANTED as to Countrywide and Ba nk of America on Count I to the extent claim is predicated on the allegation, contained in (paragraph 19 which is STRICKEN) of the Amended Complaint and DENIED as to remainder of Count I. GRANTED as to Plaintiffs claim of Count II, to the extent the claim is based on the allegation, contained in (paragraph 25 which is STRICKEN) of the Amended Complaint, that Defendants Countrywide and Bank of America allowed other entities to foreclose. GRANTED as to Plaintiffs claim of Count III but DENIED as to Plaintiffs claim of Count IV and lastly GRANTED as to Plaintiffs claim for attorneys fees of Count IX. Signed by Judge Richard W. Story on 10/17/2012. (bdb)
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Filing
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ORDER: Plaintiff's Motion for Leave to Amend Complaint 8 is GRANTED in part and DENIED in part. It is GRANTED as to Plaintiffs claim for breach of contract (Count One) based on Defendants Countrywide and Bank of Americas alleged extraction of increased mortgage payments after Plaintiff had cure default. It is DENIED to the extent the breach of contract claim it rests on the allegation that Defendants Countrywide and Bank of America allowed other entities to foreclose when Plaintiff was no t in arrears. It is GRANTED as to Plaintiffs claim for breach of the implied covenant of good faith and fair dealing (Count Two). It is GRANTED as to Plaintiffs claim for wrongful foreclosure (Count Five) to the extent the claim is based on Defendant s alleged breach of the duty to exercise fairly the power of sale. It is DENIED to the extent the wrongful foreclosure claim relies on Defendants alleged lack of standing to foreclose or the alleged invalidity of the Corrective Assignment. With regar d to Plaintiffs claims for fraudulent and negligent misrepresentation (Counts Three and Four), the Court GRANTS Plaintiff fourteen (14) days TO AMEND the Proposed Amended Complaint to plead the alleged misrepresentations with greater particularity. Finally, Defendants Motion to Dismiss by Special Appearance 2 is DENIED as moot. Signed by Judge Richard W. Story on 4/16/12. (cem)
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