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Home / Opinion Digests / With No Interest In Debt, Bank Can’t Foreclose (access required)

With No Interest In Debt, Bank Can’t Foreclose (access required)

Although the record is clear that defendant bank cannot enforce the missing note as a negotiable instrument due to its violation of Va. Code § 8.3A-309, this does not extinguish plaintiff’s debt or prohibit foreclosure; but the Fairfax Circuit Court says plaintiff can proceed with his claim that defendant bank cannot foreclose on his home ...

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