Cases - Federal Court Dismisses Wrongful Foreclosure Claim Challenging the Assignment of Security Deed

Federal Court Dismisses Wrongful Foreclosure Claim Challenging the Assignment of Security Deed

Resolution Date
04/15/2013

Practice Areas
Commercial Litigation
Legal Malpractice

Description

John Bunyan and Joe Kingma won dismissal of an action against a law firm retained to initiate foreclosure proceedings. In granting Carlock Copeland’s motion to dismiss, the U.S. District Court for the Middle District of Georgia rejected Plaintiff’s challenge to the assignment of his security deed executed by the law firm, concluding that Plaintiff lacked standing to challenge the assignment and that the assignment complied with Georgia’s laws on transferring deeds. The district court also rejected Plaintiff’s claims that the law firm violated the federal Fair Debt Collection Practices Act by misidentifying his creditor because she did not allege that the firm was a debt collector. Finally, the court concluded that the correspondence attached to the Complaint showed that the law firm gave the Plaintiff the required notice of the foreclosure sale.

Attorneys Involved
John L. Bunyan
Johannes S. Kingma

CCS Office
Atlanta