Barnhill v. Bank of America, N.A.

OPINION & ORDER

HERLONG, District Judge.

This matter is before the court on Bank of America, N.A. (“Bank of America”) and West Asset Management, Inc.’s (“West”) (collectively “defendants”) motion to dismiss Dewey C. Barnhill (“Dewey Barn-hill”) and Jane P. Barnhill’s (“Jane Barn-hill”) (collectively “plaintiffs”) complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief may be granted. After review, the court grants the motion to dismiss in part and denies the motion in part.

I. Factual And Procedural Background

On December 27,…