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Borrower’s Fraud & Conspiracy Claims Dismissed

A plaintiff who has defaulted on a $650,000 mortgage loan on his Fredericksburg property has his suit alleging fraud dismissed by the Alexandria U.S. District Court for lack of sufficient detail about time, place or content of any alleged fraudulent misrepresentations by defendants.

To the extent plaintiff’s complaint is littered with bold assertions of the fraudulence of CitiMortgage’s actions through their interactions with plaintiff, a court is not bound to accept as true a legal conclusion couched as a factual allegation. Plaintiff’s complaint does not allege sufficient facts in order to state a cognizable claim for fraud against defendants, especially in light of the heightened pleading requirements for fraud claims under Fed. R. Civ. P. 9(b).

Likewise, conclusory allegations of conspiracy are insufficient to withstand a motion to dismiss. There does not exist an actionable claim for the underlying alleged wrong of fraud, and thus there can be no action for civil conspiracy based thereupon.

Finally, the court also dismisses plaintiff’s claim for breach of implied covenant of good faith and fair dealing against either defendant.

Beasley v. FV-I Inc. (Cacheris) No. 1:13cv116, March 21, 2013; USDC at Alexandria, Va. VLW 013-3-186, 15 pp.

VLW 013-3-186

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