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Kerns v. Wells Fargo Bank, N.A.
171068 Kerns v. Wells Fargo Bank, N.A. 09/27/2018 Regarding a mortgage debtor's claim that the holder of his promissory note had breached the mortgage loan agreement by failing to give him a contractually requ…
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171068 Kerns v. Wells Fargo Bank, N.A. 09/27/2018 Regarding a mortgage debtor's claim that the holder of his promissory note had …
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- September 27, 2018
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171068 Kerns v. Wells Fargo Bank, N.A. 09/27/2018 Regarding a mortgage debtor's claim that the holder of his promissory note had breached the mortgage loan agreement by failing to give him a contractually required opportunity to cure his default and by improperly accelerating the balance due after his default, which ultimately led to a foreclosure sale of the mortgaged property, the circuit court correctly held that the debtor's breach of contract claims -- whether viewed as a right of action under Code § 8.01-230 or a cause of action under Code § 8.01-246 -- accrued when the debt was accelerated prior to foreclosure, and that because the debtor did not file his suit against the lender with…
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