Stewart v. Suntrust Mortgage, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the FBPA did not apply to mortgagors' action against mortgagee for wrongful foreclosure because the mortgage industry was regulated by the Georgia Residential Mortgage Act
• upholding dismissal of plaintiff's FBPA claim because it failed under either theory
• “Because the mortgage industry is regulated and because the specific conduct at issue here is regulated by the GRMA, [plaintiff]’s FBPA claim fails.” (emphasis added)
• “A duty of good faith and fair dealing is implied in all contracts. A breach of that duty may arise where a party to a contract acts arbitrarily or capriciously in executing its contractual duties.”
• plaintiff alleging failure to follow foreclosure procedures not excused from tender
• reciting the elements for wrongful foreclosure claim

Source: CourtListener parenthetical corpus (CC0).