Motel Franchise Terminated Post-Lease 
By Deborah Elkins
Published: May 16, 2012
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts
Although plaintiff lessee has sued defendant lessor seeking rescission of a three-year commercial lease for operation of a motel, the Richmond Circuit Court construes the suit as a breach of contract action, as the lease was effectively canceled when the franchisor, Choice Hotels International, terminated the franchise.
Plaintiff filed suit against defendant seeking rescission of the [...]
No Class for RESPA Warranty Kickback Suit
By Deborah Elkins
Published: May 15, 2012
Tags: Judge Anthony J. Trenga, Real Estate, U.S. District Court - Eastern District
An Alexandria U.S. District Court denies class certification in a suit alleging defendant home warranty company violated the Real Estate Settlement Procedures Act by paying illegal kickbacks and referral fees to real estate agents to promote its home warranty insurance in connection with real estate transactions.
Defendant company claims its payments to real estate brokers for [...]
Landlord Denied Possession of Apartment
By Deborah Elkins
Published: May 8, 2012
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts
Although bail bondsmen appeared at landlord’s premises to arrest a person at defendant tenant’s apartment, who the landlord says was banned from the property, a Richmond Circuit Court denies landlord’s suit for possession of tenant’s apartment for her alleged violation of the lease.
The constitutionality of the actions of the bondsmen does not come into play [...]
Defaulting Owners Seek Pre-Foreclosure Meeting
By Deborah Elkins
Published: May 1, 2012
Tags: Justice William C. Mims, Real Estate, Supreme Court of Virginia
Although owners defaulted on their mortgage, the circuit court erred in regarding this as a material first breach that prevents them from suing to enforce a condition precedent in the note – a federal regulation requiring a lender to meet face-to-face with a borrower prior to commencing foreclosure – and the Supreme Court of Virginia [...]
Fees Awarded in Home Sale Contract
By Deborah Elkins
Published: May 1, 2012
Tags: Judge John F. Anderson, Real Estate, U.S. District Court - Eastern District
A lawyer and her husband who owe $76,225 in damages for failing to close on a home purchase also must pay attorney’s fees and costs of $21,466, says an Alexandria U.S. District Court magistrate judge.
The court finds the $350 hourly rate charged by plaintiff’s attorney is commensurate with the rates customarily charged for like work [...]
Defaulting Owners Seek Pre-Foreclosure Meeting
By Deborah Elkins
Published: April 30, 2012
Tags: Justice William C. Mims, Real Estate, Supreme Court of Virginia
Although owners defaulted on their mortgage, the circuit court erred in regarding this as a material first breach that prevents them from suing to enforce a condition precedent in the note – a federal regulation requiring a lender to meet face-to-face with a borrower prior to commencing foreclosure – and the Supreme Court of Virginia [...]
‘Show Me the Note’ Claim Dismissed
By Deborah Elkins
Published: April 17, 2012
Tags: Judge T.S. Ellis III, Real Estate, U.S. District Court - Eastern District
An Alexandria U.S. District Court dismisses plaintiffs’ latest complaint in a long-running effort to avoid foreclosure on their property, as Virginia law unequivocally disallows a “show me the note” claim against a note holder, as well as a “show me the note holder’s authority” claim against MERS and the substitute trustee; although plaintiffs’ counsel’s legal [...]
Foreclosure Suit Stays In Federal Court
By Deborah Elkins
Published: April 3, 2012
Tags: Judge Raymond A. Jackson, Real Estate, U.S. District Court - Eastern District
Although plaintiff, who wanted to halt foreclosure on her home, says she only asserts state law causes of action and her case should be remanded to state court, the Norfolk U.S. District Court says her colorable claim under the Fair Debt Collection Practices Act keeps her in federal court, but plaintiff’s suit is dismissed because [...]
Rezoning Challenger Gets Hearing
By Deborah Elkins
Published: April 2, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts, Zoning
Plaintiff office park owner’s allegations that the board of supervisors did not adequately consider traffic impact when it rezoned an adjacent parcel from single-family homes to a planned development community have earned plaintiff an evidentiary hearing on whether the rezoning was arbitrary and capricious, says a Fairfax Circuit Court.
The primary issue at bar is whether [...]
Lien Priority Hearing Should Precede Sale
By Deborah Elkins
Published: April 2, 2012
Tags: Fairfax County Circuit Court, Judge Jane Marum Roush, Real Estate, Virginia Circuit Courts
A Fairfax Circuit Court agrees with the special commissioner of sale that it is erroneous to decree a sale of lands to satisfy liens without first ascertaining all of the liens binding thereon, and the court directs the commissioner to convene a hearing to ascertain all the liens binding on the property, including delinquent taxes, [...]
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