GA Dismissal of plaintiff’s suit against bank for injunctive and declaratory relief, affirmed; overbilling was inapplicable.
Dismissal of plaintiff’s suit against bank for injunctive and declaratory relief, affirmed, as she failed to state cause of action for alleged overbilling that resulted in foreclosure of her home; plaintiff claimed that defendants committed fraud but made no specific allegations regarding overbilling, billing errors, schemes or tricks which defendants allegedly used in attempt to defraud her or wrongfully foreclose on her home; Fair Credit Billing Act, 15 USC § 1666, was inapplicable because Act applies solely to creditors of open end credit plans; plaintiff’s contention that one party was in default was meritless, since no evidence showed issuance of summons identifying law firm hired to conduct nonjudicial foreclosure sale of plaintiff’s home and thus trial court had no jurisdiction over firm; plaintiff did not show that trial court failed to send her notice of hearing on motions to dismiss.
Fairfax v. Wells Fargo Bank NA, A11A0852 (09/20/11)
Fulton County Daily Report, October 7, 2011
