Premier Home Restoration, LLC v. Federal National Mortgage Ass'n
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In this foreclosure action, the Supreme Court affirmed in part and vacated in part the judgment of the superior court, holding that questions of disputed material facts existed regarding Plaintiff's claims for breach of contract and breach of the implied covenant of good faith and fair dealing that could not be resolved on a motion for judgment on the pleadings.
Defendants, as mortgagees, caused a foreclosure sale to be conducted for certain property. Plaintiff was the successful bidder. Defendants were prepared to convey title to Plaintiff but when Defendants asserted that Plaintiff was liable for all costs that had accrued with respect to the property, but Plaintiff disputed this liability. Defendants then caused a foreclosure-of-bid letter to be sent to Plaintiff. Plaintiff brought this action alleging four counts. The superior court granted Defendants' motion for judgment on the pleadings. The Supreme Court affirmed the judgment as to the claim under the Unfair Trade Practice and Consumer Protection Act and otherwise vacated the judgment, holding that the district court erred in granting judgment on the pleadings as to the remaining counts.
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