Central Virginia Bank v. Bell

By JUDGE HERBERT C. GILL, JR.

On May 19, 1989, counsel presented argument in regard to plaintiff’s demurrer to the counterclaim. Plaintiff asserts that a duty of good faith is not owed to defendant and, therefore, defendant [Harlan] has failed to state a cause of action. Plaintiff further argues that notice requirements pursuant to Section 8.9-504(3) do not give rise to an independent tort action. Rather, the notice requirements solely establish a defense in a deficiency action.

Plaintiff seeks recovery on a note obligating defendants Harlan and Bell. The note was secured by defendant Bell’s…