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4th comp fed pt 2

4th comp fed pt 2

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Published by piratetwins

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Categories:Types, Business/Law
Published by: piratetwins on Jul 08, 2011
Copyright:Attribution Non-commercial

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07/08/2011

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-4i -
o
16IN
Al
foreclosure to the credit history maintained by Experian, even though DefendantBank of America withdrew and cancelled its non judicial foreclosure sale
.
(Former Paragraph 74) Neither Defendant Bank of America nor Defendant Wells
Fargo has corrected its reports to Equifax, Experian and TransUnion to eliminate
those reports made after September
1
0, 2002
.
COUNT I
(FORMER COUNT I)
AGAINST DEFENDANT BANK OF AMERICA
BREACH OF IMPLIED DUTIES OF GOOD FAITH AND FAIR DEALING(BREACH OF CONTRACT) FOR FAILING TO APPROVE SALE OF
PLAINTIFF'S HOMEEXPENSES OF LITIGATION
80
.
(Former Paragraph 75, as Modified by the 2nd Amend
., as Modified by
this Verified Second Amended and Restated Complaint) Plaintiff incorporates
paragraphs
I
through 79 by reference as if fully rewritten
.
81
.
(Former Paragraph 76) Pursuant to Georgia law, duties of good faith
and fair dealing were a part of the Bank of America Agreement and Bank of
America Security Deed
. Defendant Bank of America breached those duties whenit refused and failed to approve the September 11 Offer to Purchase, therebyforcing Plaintiffs Home into foreclosure
.
 
-42-
o
RI
82
. (Former Paragraph 77) As a direct and proximate result of Defendant
Bank of America's breach of its duties, Plaintiff suffered (i) damages in the formof lost equity in Plaintiff's Home in the amount of $60,000 or more, (ii) damages
to Plaintiff's credit reputation and standing, and (iii) damages to Plaintiffs career,
all of which were reasonably foreseeable to Defendant Bank of America
.
83
. (Former Paragraph
78)Defendant Bank of America acted in bad faith
in its ongoing, persistent refusal to cooperate with Plaintiff and frustrate Plaintiff'sefforts to sell Plaintiff's Home. Plaintiff is therefore entitled pursuant to O
.C
.G.A
.
§ 13-6-11 to an award of his costs of litigation, including without limitationattorney's fees and costs
.
COUNT II
(FORMER COUNT II
)
AGAINST DEFENDANT BANK OF AMERICA
NEGLIGENTLY DRIVING PLAINTIFF'S HOME INTO FORECLOSURE
EXPENSES OF LITIGATION
84. (Farmer Paragraph 79, as Modified by this Verified Second Amended
and Restated Complaint) Plaintiff incorporates paragraphs 1 through 83 by
reference as if fully rewritten
.
85
.
(Former Paragraph 80) Defendant Bank of America owed Plaintiff aduty to exercise reasonable care in considering and then expeditiously approving
 
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ORI
N
L
the September 11 Offer to Purchase in order to avoid causing damage to Plaintiffscredit reputation and standing and career and to avoid the forfeiture of Plaintiff'sequity in Plaintiffs Home
. Defendant Bank of America breached that duty when
it refused and failed to approve the September 11 Offer to Purchase, therebywrongfully forcing Plaintiff's Home into foreclosure
.
86. (Former Paragraph $1
)
As a direct and proximate result of DefendantBank of America's breach of its duties, Plaintiff suffered (i) damages in the formof lost equity in Plaintiff's Home in the amount of $60,000 or more, (ii) damages
to Plaintiff's credit reputation and standing, and (iii) damages to Plaintiff's career,
all of which were reasonably foreseeable to Defendant Bank of America
.
87
. (Former Paragraph 82) Defendant Bank of America acted in bad faith
in its ongoing, persistent refusal to cooperate with Plaintiff and frustrate Plaintiffsefforts to sell Plaintiff's Home. Plaintiff is therefore entitled pursuant to O
.C.G.A
.
§ 13-6-11 to an award of his costs of litigation, including without limitationattorney's fees and costs
.
COUNT III
(FORMER
COUNT III
AGAINST DEFENDANT BANK OF AMERICA
INTENTIONALLY DRIVING PLAINTIFF'S HOME INTO FORECLOSURE

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