Beruflich Dokumente
Kultur Dokumente
No. 15-1091
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:14-cv-00894-JCC-IDD)
Argued:
Decided:
the
Balwinder
to
make
and
Jatinder
installment
Whala
payments
failed,
on
their
for
several
mortgage,
the
mortgagee, PNC Bank, N.A., foreclosed the mortgage and sold the
Whalas house
for
$460,320,
some
$90,000
less
than
what
the
The Whalas
the
statement
of
the
amount
to
cure
was
neither
I
In April 2007, to purchase a home in Lorton, Virginia, the
Whalas
borrowed
$419,000
from
PNC
Banks
predecessor.
The
selling
the
house
3
in
May
2011
at
auction
for
$460,320.
The
Whalas
contend
that,
at
that
time,
the
fair
Whalas
commenced
this
breach
of
contract
action
in
They
The
district
court
granted
PNC
Banks
motion
to
II
While the Whalas do not dispute that they had defaulted on
their loan prior to PNC Banks notice of May 4, 2010, they argue
that the notice failed to accurately state the overdue amount
because it included an amount not yet due -- the June 1, 2010
installment.
provide
them
obligations
They
with
under
reason
an
the
that,
accurate
loan
because
notice,
documents,
it
PNC
Bank
breached
leading
to
failed
its
an
to
legal
illegal
PNC
Bank
contends
that
the
30-day
default
notice
was
It argues that
the notice simply alerted the Whalas that they had to pay the
overdue amount as of the date of the notice and that they also
had to pay any amount that came due during the 30-day cure
period, which included the June 1, 2010 installment.
We agree with PNC Bank.
would
also
be
past
due
--
the
notice
accurately
*Payment in certified
added).
This
notice
made
clear
that,
because
the
June
installment.
Any
reasonable
person
would
also
AFFIRMED