Foreclosure Buy by Freddie Mac Upheld

No Jurisdiction from HAMP Reference

By Deborah Elkins
Published: May 22, 2013
Tags: Judge Mark Davis, Real Estate, U.S. District Court - Eastern District

A Norfolk U.S. District Court remands to state court plaintiff borrower’s suit alleging state-law contract and tort claims, as the complaint’s mere reference to procedures and guidelines under the federal HAMP statute does not provide a basis for federal question subject matter jurisdiction. Defendants removed this case to federal court solely on the ground of [...]

Claims Advance Against Loan Servicers

By Deborah Elkins
Published: May 22, 2013
Tags: Judge Liam O'Grady, Real Estate, U.S. District Court - Eastern District

In this lawsuit against two loan servicers filed by a borrower who participated in a Trial Period Plan for a HAMP loan modification, but was denied a permanent modification, an Alexandria U.S. District Court says several of plaintiff’s claims for breach of contract, tortious interference and violation of RESPA and the Fair Debt Collections Practices [...]

Broker Seeks Commission on Shopping Center Sale

By Deborah Elkins
Published: May 14, 2013
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Real Estate, Virginia Circuit Courts

In plaintiff broker’s suit for commission for the sale of Winchester Station shopping center, defendant had a buyer’s brokerage agreement of no definite duration and a confidentiality agreement for one year, prior to the property being listed, and the Fairfax Circuit Court denies summary judgment to defendant buyer because there are disputed facts concerning the [...]

No Drywall Damages for Mortgage Payments

By Deborah Elkins
Published: May 10, 2013
Tags: Judge Mary Jane Hall, Norfolk Circuit Court, Real Estate, Virginia Circuit Courts

A Norfolk Circuit Court grants defendants’ motion in limine to exclude evidence of mortgage payments on homes that were unlivable as a result of the presence of Chinese drywall, as mortgage payments are not a proper measure of loss of use damages. Defendant claims this element of damages was not disclosed in discovery responses provide [...]

Objections to Condemnation Petition Fail

By Deborah Elkins
Published: May 3, 2013
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Real Estate, Virginia Circuit Courts

A Fairfax Circuit Court denies VDOT’s motion to strike a property owner’s objections to VDOT’s petition in condemnation for a partial taking of a parcel in Chantilly for the widening of Route 50. The owner of the property, Dulles Properties, objects to the amount of compensation offered by the Virginia Department of Transportation, in that [...]

Refusal Right Not Triggered by Transfer

By Deborah Elkins
Published: May 3, 2013
Tags: Fairfax Circuit Court, Judge R. Terrence Ney, Real Estate, Virginia Circuit Courts

A restaurant tenant cannot claim its Right of First Refusal has been breached by a transfer of the property from a living trust that took the property upon the owner’s death, to her son, who was the trustee and sole beneficiary of the trust; the Fairfax Circuit Court says the Right of First Refusal was [...]

No Redress for Claimed Foreclosure Damages

By Deborah Elkins
Published: May 3, 2013
Tags: Judge Robert E. Payne, Real Estate, U.S. District Court - Eastern District

Property owners who lost their property to foreclosure have not met the case-or-controversy requirement for the Richmond U.S. District Court to exercise jurisdiction over their claims for a loss of equity in the property, rents on the property, inconvenience and damage to their credit record, and the court dismisses their claim alleging the “bogus” appointment [...]

Quiet Title Action Dismissed by Court

By Deborah Elkins
Published: April 24, 2013
Tags: Judge Norman K. Moon, Real Estate, U.S. District Court - Western District

A Charlottesville U.S. District Court dismisses plaintiff homeowners’ suit to quiet title which alleges the assignment of their deed of trust to defendant bank, as trustee for a loan trust, was invalid. In this case, plaintiffs allege basically the same facts they alleged in Blick I (Blick v. JP Morgan Chase Bank NA, No. 3:12cv00001, [...]

Borrower’s Fraud & Conspiracy Claims Dismissed

By Deborah Elkins
Published: April 24, 2013
Tags: Judge James C. Cacheris, Real Estate, U.S. District Court - Eastern District

A plaintiff who has defaulted on a $650,000 mortgage loan on his Fredericksburg property has his suit alleging fraud dismissed by the Alexandria U.S. District Court for lack of sufficient detail about time, place or content of any alleged fraudulent misrepresentations by defendants. To the extent plaintiff’s complaint is littered with bold assertions of the [...]