Kerns v. Wells Fargo Bank N.A. (P)

The circuit court did not err in dismissing the plaintiff’s breach-of-contract claim against his mortgage lender. The contract claim accrued when the lender accelerated the balance due on the plaintiff’s loan — ultimately leading to foreclosure. The fact that no damage occurred until after after acceleration didn’t delay the limitations period. Because acceleration occurred more than five years before the plaintiff sued, the circuit court correctly concluded that his contract claims were time-barred.

Kerns v. Wells Fargo Bank N.A. (P), No. 171068, Sept. 27, 2018. SCV (Kelsey) from Marchant.



Categories: Opinions, Published, Supreme Court of Virginia

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