Adkins v. Bank of America, N.A., No. 1:2014cv00563 - Document 24 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION Granting 4 Motion to Dismiss. Signed by District Judge Gerald Bruce Lee on 7/18/2014. (rban, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION DORA L. ADKINS, ) ) PlaintilY, ) V. ) ) Case No. 1:14-cv-563 (GBL/JFA) ) BANK OF AMERICA, N.A., Defendant. ) ) ) MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on Defendant Bank of America, N.A. ("Bank of America")'s Motion to Dismiss for Failure to State a Claim. (Doc. 4.) This case arises from Defendant's alleged failure to properly service Plaintiffs mortgage loan and the subsequent foreclosure on Plaintiffs property. There are three issues before the Court. The first issue is whether Plaintiff sufficiently alleges a breach of contract claim where she alleges that Bank of America failed to give Plaintiff information regarding foreclosure prevention services that, Plaintiff alleges, could have helped her avert foreclosure. The second issue is whether Plaintiff sufficiently alleges a gross negligence claim where she alleges that Bank of America allowed Plaintiff to work with an employee who was not a Mortgage Loan Officer when she applied to refinance her loan in November 2011. The third issue is whether Plaintiff sufficiently alleges any claims that would entitle her to punitive damages where she alleges that Bank of America intentionally and maliciously miscommunicated with Plaintiff about her options to refinance in November 2011, which allegedly caused her to lose her property and suffer a myriad of injuries. The Court GRANTS Defendant's Motion to Dismiss for three reasons. First, the Court grants Defendant's Motion to Dismiss as to Plaintiffs breach of contract claim (Count I) because
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