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MATHEWS v. PHH MORTG. CORP.

Record No. 110967.

724 S.E.2d 196 (2012)

283 Va. 723

Richard MATHEWS, et al. v. PHH MORTGAGE CORPORATION.

Supreme Court of Virginia.

April 20, 2012.

Attorney(s) appearing for the Case

Henry W. McLaughlin , Richmond, ( Drew D. Sarrett ; Law Office of Henry McLaughlin on briefs), for appellants.

Jason W. McElroy ( Weiner Brodsky Sidman Kider , on brief), for appellee.

Present: All the Justices.

OPINION BY Justice WILLIAM C. MIMS.

In this appeal, we consider whether a landowner who has breached a deed of trust by failing to make payments as required under the associated note may nevertheless enforce its conditions precedent. We also consider the prerequisites to foreclosure set forth in 24 C.F.R. § 203.604 and whether they are incorporated as conditions precedent in a deed of trust.

I. BACKGROUND...

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