Legal Opinion

Kerns v. Wells Fargo Bank, N.A.

Supreme Court of Virginia

Decided September 27, 2018No. Record 171068PublishedCited by 21 opinions

1Opinion of the Court

OPINION BY JUSTICE D. ARTHUR KELSEY

**151 In the circuit court, Dennis W. Kerns claimed that Wells Fargo Bank, N.A. ("Wells Fargo") had breached a 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-leading ultimately to a foreclosure sale of the property. Ruling on Wells Fargo's plea in bar, the circuit court concluded that the debt acceleration had triggered the accrual of Kerns's breach of contract claims. Because that breach had occurred more than five years before Kerns…

2Cases cited45 opinions

  1. HOLY CROSS CHURCH OF GOD IN CHRIST v. WolfTexas Supreme Court · 2001
  2. Locke v. Johns-Manville Corp.Supreme Court of Virginia · 1981
  3. Richmond Redevelopment & Housing Authority v. Laburnum Construction Corp.Supreme Court of Virginia · 1954
  4. Caudill v. Wise Rambler, Inc.Supreme Court of Virginia · 1969
  5. Farley v. GoodeSupreme Court of Virginia · 1979

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3Cited by21 opinions

  1. JTH Tax, Incorporated v. Gregory AimeCourt of Appeals for the Fourth Circuit · 2021
  2. ADO Home Services, LLC v. Kristin L. FrykmanCourt of Appeals of Virginia · 2025
  3. Advanced Training Group Worldwide, Inc. v. Pro-Active Technologies, Inc.District Court, E.D. Virginia · 2020
  4. Bailey v. Ethicon, Inc.District Court, W.D. Virginia · 2021
  5. California Condominium Association v. PetersonSupreme Court of Virginia · 2022

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