Legal Opinion

Emanuel v. Bank of America, N.A.

Richmond County Circuit Court

Decided October 31, 2014No. Case No. CL13-4364PublishedCited by 1 opinion

1Opinion of the Court

By Judge Melvin R. Hughes, Jr.

In this case, Defendant has filed a demurrer to Plaintiff’s Complaint.

The Complaint seeks the relief of quiet title, compensatory and punitive damages on allegations involving a foreclosure of a residential property owned by the Plaintiff approximately three years ago. Essentially, Plaintiff alleges that the bank Defendant, a later holder but not the originator of the note and deed of trust, violated provisions of the note and deed of trust governing notice to be given prior to acceleration of the underlying indebtedness upon default. The deed of trust requires a…

2Cases cited5 opinions

  1. Charles E. Brauer Co. v. NationsBank of VirginiaSupreme Court of Virginia · 1996
  2. Fuste v. Riverside Healthcare Ass'n, Inc.Supreme Court of Virginia · 2003
  3. Tronfeld v. Nationwide Mut. Ins. Co.Supreme Court of Virginia · 2006
  4. Mathews v. PHH Mortg. Corp.Supreme Court of Virginia · 2012
  5. Bayview Loan Servicing, LLC v. SimmonsSupreme Court of Virginia · 2008

3Cited by1 opinion

  1. Southern Bank & Trust Co. v. WoodhouseNorfolk County Circuit Court · 2016

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