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Montgomery v. Bank of Am.

The security deed in this case expressly conveyed title to the interests in the security deed to the nominee of the original mortgagee, gave the nominee the right to invoke the power of sale, and authorized the nominee to assign its rights and interests in the security deed to the first defendant.

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Roosevelt Montgomery filed suit against Bank of America, BAC Home Loan Servicing, Inc. “BAC”, Mortgage Electronic Registration Systems, Inc. “MERS”, Prommis Solutions, LLC, and McCalla Raymer, LLC collectively, “Appellees” asserting claims for wrongful foreclosure, slander of title, slander of credit, quiet title, fraud, and intentional infliction of emotional distress. Montgomery appeals from the trial court’s order granting Appellees’ motion for judgment on the pleadings as to all claims. For the following reasons, we affirm.

When, as in this case, the defendants file a motion for judgment on the pleadings and do not introduce affidavits, depositions or interrogatories in support of the motion, such motion is the equivalent of a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Such a motion should not be granted unless the averments in the complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of facts which could be proved in support of the plaintiff’s claim. On appeal, we review de novo the trial court’s decision on a motion for judgment on the pleadings, and we construe the complaint in a light most favorable to the appellant, drawing all reasonable inferences in his favor.1

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