Adkins v. Bank of America, N.A.

Filing 24

MEMORANDUM OPINION Granting 4 Motion to Dismiss. Signed by District Judge Gerald Bruce Lee on 7/18/2014. (rban, )

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