Legal Opinion

Fairfax v. Wells Fargo Bank, N.A.

Court of Appeals of Georgia

Decided September 20, 2011No. A11A1403PublishedCited by 4 opinions

1Opinion of the Court

Mikell, Judge.

Cherie Fairfax, pro se, appeals from the trial court’s grant of the motions to dismiss for failure to state a claim of defendants Wells Fargo Bank, N.A. (Wells Fargo), as trustee for Option One Mortgage Loan Trust 2007-5 and American Home Mortgage Servicing, Inc. (AHMS), and McCurdy & Candler, LLC (McCurdy). Finding no error, we affirm.

“On appeal from the grant of a motion to dismiss, we review the record de novo and treat all well-pled material allegations by the nonmovant as true and all denials by the movant as false.”

The main claim alleged in Fairfax’s Third Amended Petition…

2Cases cited7 opinions

  1. Bonner v. BonnerSupreme Court of Georgia · 2000
  2. Majeed v. RandallCourt of Appeals of Georgia · 2006
  3. Diaz v. First National BankCourt of Appeals of Georgia · 1978
  4. Dockens v. Runkle Consulting, Inc.Court of Appeals of Georgia · 2007
  5. Schafer v. Wachovia Bank of Georgia, N.A.Court of Appeals of Georgia · 2001

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Harold Dwayne Sharpe v. Great Midwest Insurance CompanyCourt of Appeals of Georgia · 2017
  2. Sampson v. Georgia Department of Juvenile JusticeCourt of Appeals of Georgia · 2014
  3. VANTAGE CANCER CENTERS OF GEORGIA, LLC v. GEORGIA DEPARTMENT OF COMMUNITY HEALTH (Three Cases)Supreme Court of Georgia · 2024
  4. Wilson v. Hearos, LLCDistrict Court, S.D. Georgia · 2023

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