Legal Opinion

Lane v. Bayview Loan Servicing, LLC

Supreme Court of Virginia

Decided August 22, 2019No. Record 180979PublishedCited by 20 opinions

1Opinion of the Court

OPINION BY JUSTICE S. BERNARD GOODWYN

In this appeal, we consider whether the circuit court erred when it sustained a plea in bar which asserted res judicata.

BACKGROUND

On March 30, 2007, Gloria B. Lane (Lane) executed a deed of trust (Deed of Trust) on property (Property) located in Chase City, Virginia to secure a note of $52,397.51 (Note). Bayview Loan Servicing, LLC (Bayview) serviced the loan on behalf of the noteholder. 1

Paragraphs 12 and 17 of the Deed of Trust provided that in the event of Lane's default, the noteholder was to notify Lane of the breach and the action required to cure…

2Cases cited17 opinions

  1. Weinberger v. TuckerCourt of Appeals for the Fourth Circuit · 2007
  2. Lee v. SpodenSupreme Court of Virginia · 2015
  3. Patterson v. SaundersSupreme Court of Virginia · 1953
  4. Glasco v. BallardSupreme Court of Virginia · 1995
  5. State Water Control Board v. Smithfield Foods, Inc.Supreme Court of Virginia · 2001

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3Cited by20 opinions

  1. Bus. Dev. Corp. of S.C. v. Rutter & Russin, LLCCourt of Appeals for the Sixth Circuit · 2022
  2. AJP Educational Foundation, Inc. d/b/a American Muslims for Palestine v. Jason S. Miyares, in his official capacity as Attorney General of the Commonwealth of VirginiaDistrict Court, E.D. Virginia · 2025
  3. Barnwell v. Ark Land, LLCDistrict Court, W.D. Virginia · 2021
  4. Bell v. Weinstock, Friedman & Friedman, P.A.District of Columbia Court of Appeals · 2022
  5. Bell v. Weinstock, Friedman & Friedman, PADistrict of Columbia Court of Appeals · 2025

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