Bayview Loan Servicing, LLC v. Simmons

OPINION BY Justice G. STEVEN AGEE.

Bayview Loan Servicing, LLC appeals from the judgment of the Circuit Court of Rockingham County, awarding Janet M. Simmons $156,809.46 in damages resulting from the foreclosure sale of Simmons' property. The circuit court determined Bayview breached a notice obligation under a deed of trust securing her property. On appeal, Bayview argues that the circuit court erred in holding that Bayview breached any obligation to Simmons because, under Code § 55-59.1(A), a properly executed notice of a foreclosure sale subsumed any contractual notice obligation in the…