Cases - Federal Court Dismisses Wrongful Foreclosure Action

Federal Court Dismisses Wrongful Foreclosure Action

Resolution Date
02/26/2013

Practice Areas
Commercial Litigation
Legal Malpractice

Description

John Bunyan and Joe Kingma won dismissal of a wrongful foreclosure action against a law firm retained to initiate foreclosure proceedings. Plaintiff raised wrongful foreclosure, breach of contract, and fraudulent misrepresentation claims alleging that the foreclosure proceedings were wrongful because the bank had failed to produce a verified copy of the promissory note showing it was the creditor authorized to foreclose, had breached the notice terms of the security deed, and had misrepresented that the foreclosure sale would be postponed while the plaintiff negotiated a loan modification. The U.S. District Court for the Northern District of Georgia granted Carlock Copeland’s motion to dismiss, concluding that the plaintiff failed to state any claim for relief against the law firm.

Attorneys Involved
John L. Bunyan
Johannes S. Kingma

CCS Office
Atlanta