Appeals Granted

Case

RAMON ENRIQUE MUNOZ v. BANK OF AMERICA, N.A., ET. AL.
(Record Number 130617)

From

The Circuit Court of Prince William County; Lon Edward Farris, Judge.

Counsel

Henry W. McLaughlin and Drew D. Sarrett (The Law Office of Henry McLaughlin, P.C.) for appellant.

Heather A. Britton and K. Lorraine Lord (McGuireWoods, LLP), Ronald J. Guillot, Jr. and Karen E. Daily (Samuel I. White, P.C.) for appellees.

Assignments of Error

The Circuit Court of the County of Prince William ("the trial court") erred in entering its January 11, 2013 final order in this case sustaining the demurrers filed by Bank of America, N.A. ("Bank of America") and Federal National Mortgage Association ("Fannie Mae") without leave for the appellant, Ramon Enrique Munoz, to amend and dismissing with prejudice Munoz’s complaint, and thereby implicitly sustaining the demurrer filed by a nominal party, Samuel I. White, P.C.; such action by the trial court was error because (a) Munoz properly pled in his complaint (i) a claim pursuant to Bayview Loan Servicing, LLC v. Simmons, 275 Va. 114, 654 S.E.2d 898 (2008) against Bank of America for damages because of a wrongful foreclosure and wrongful trustee’s deed without compliance with the precondition required in the note and deed of trust of a proper 30-day cure letter; and (ii) a claim to quiet title on grounds of such wrongful foreclosure and wrongful trustee’s deed; and (b) because, on the basis of (a) herein above, the trial court should have overruled the demurrers by Bank of America and Fannie Mae; (c) in the alternative, the trial court should have granted the request by counsel for Munoz for leave to file an amended complaint; and (d) because of (a), (b), and (c) it was error to dismiss Munoz’s claim against all defendants with prejudice.
The trial court erred in its ruling announced in open Court on December 21, 2012 and included in its final order of January 11, 2013 sustaining the demurrers of Bank of America and Fannie Mae with prejudice; such was error because (a) Munoz properly pled in his complaint (i) a claim pursuant to Bayview Loan Servicing, LLC v. Simmons, 275 Va. 114, 654 S.E.2d 898 (2008) against Bank of America for damages because of a wrongful foreclosure of his home and wrongul trustee’s deed without compliance with the precondition required in the note and deed of trust of a proper 30-day cure letter; and (ii) a claim to quiet title on grounds of such wrongful foreclosure and wrongful trustee’s deed; and (b) because, on the basis of (a) herein above, the trial court should have overruled the demurrers by Bank of America and Fannie Mae.

Date Granted

09-19-2013