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Stewart v. Suntrust Mortgage Inc.

The trial court erred in dismissing some of plaintiff's claims against bank after it foreclosed on his residential property.

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Following foreclosure on his residential property, Adrian Stewart brought suit against Suntrust Mortgage, Inc. and later amended his verified complaint, asserting claims of fraudulent misrepresentation, intentional wrongful foreclosure, breach of contract, breach of the duty of good faith and fair dealing, and violation of the Fair Business Practices Act; Stewart sought damages, punitive damages, attorney fees and injunctive relief. Suntrust filed a verified answer and defenses and later moved to dismiss the amended complaint for failure to state a claim upon which relief could be granted. The trial court granted Suntrust’s motion, noting that Stewart submitted no evidence to rebut that he never cured the default under the mortgage, and Stewart appeals. For the following reasons, we reverse the dismissal of Stewart’s claims for fraud, wrongful foreclosure, breach of contract, breach of the duty of good faith and fair dealing, and related ancillary claims; we affirm the dismissal of his claims for a violation of the Fair Business Practices Act and for injunctive relief.

We review de novo a trial court’s determination that a pleading fails to state a claim upon which relief can be granted, “construing the pleadings in the light most favorable to the plaintiff with any doubts resolved in the plaintiff’s favor.” Center for a Sustainable Coast v. Ga. Dept. of Natural Resources, 319 Ga. App. 205-206 734 SE2d 206 2012 citation omitted. See also Gold Creek SL v. City of Dawsonville, 290 Ga. App. 807, 809 1 660 SE2d 858 2008 pleadings to be construed include exhibits attached to and incorporated into complaint and answer.

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