Supreme Court of Rhode Island

Steven Serenska v. Wells Fargo Bank, N.A.

February 8, 2024

Summary

The Supreme Court of Rhode Island affirmed the Superior Court’s grant of motions to dismiss, holding that the notice of default strictly complied with the mortgage’s terms and that no contractual ambiguity existed. The Court also held that the plaintiff’s claimed prejudice was irrelevant and that the issue was waived because it was not raised below. The decision was based on a de novo review of the Rule 12(b)(6) motion.