No Drywall Damages for Mortgage Payments

Misstated Arrearage States Claim for Breach

By Deborah Elkins
Published: June 11, 2013
Tags: Judge Glen E. Conrad, Real Estate, U.S. District Court - Western District

A plaintiff who lost her home to foreclosure states a claim for breach of the note and deed of trust based on her allegation that defendant’s pre-acceleration notice misstated her arrearage, preventing her from bringing her mortgage loan current and avoiding foreclosure; but the Roanoke U.S. District Court dismisses plaintiff’s remaining claims. In count I, [...]

Punitives Claim Survives for Tree-Cutting

By Deborah Elkins
Published: June 11, 2013
Tags: Judge Henry E. Hudson, Real Estate, U.S. District Court - Eastern District

A property owner who disputed the width of defendant natural gas company’s easement and refused to allow cutting of trees on the property to widen the easement may sue the company for trespass for coming onto the property and performing the work over their objections, and the Richmond U.S. District Court denies defendant’s motion to [...]

Substitute Trustee Valid for Foreclosure

By Deborah Elkins
Published: June 5, 2013
Tags: Judge Robert E. Payne, Real Estate, U.S. District Court - Eastern District

A Richmond U.S. District Court dismisses plaintiff borrowers’ suit alleging defendant note holder LNV Corporation’s substitution of trustee is invalid and foreclosure on their property should be overturned. Plaintiffs must demonstrate that but for LNV’s allegedly invalid execution of the substitution of trustee, the foreclosure process would not have been triggered. Plaintiffs failed to make [...]

Set-Back Restrictive Covenant is Void

By Deborah Elkins
Published: May 30, 2013
Tags: Norfolk Circuit Court, Real Estate, Virginia Circuit Courts

In plaintiff’s action to declare a restrictive covenant on his lot null and void, the Norfolk Circuit Court grants his motion and holds that the building line restriction is void as to plaintiff’s property. Plaintiff alleges the sole purpose of the restrictive covenant was to establish a building line setback from Edgewater Drive and that [...]

Conservation Tax Credits At Issue

By Deborah Elkins
Published: May 30, 2013
Tags: Albemarle County Circuit Court, Taxation, Virginia Circuit Courts

An Albemarle County Circuit Court overrules the Virginia Department of Taxation’s motion for summary judgment in this litigation over conservation tax credits for a parcel transferred to the Department of Conservation and Recreation. This suit involves a claim by Forest Lodge LLC to be given tax credits by the Virginia Department of Taxation regarding the [...]

No Dismissal for Missing ‘Necessary Party’

By Deborah Elkins
Published: May 30, 2013
Tags: Judge Junius P. Fulton III, Norfolk Circuit Court, Real Estate, Virginia Circuit Courts

In plaintiffs’ suit against a condominium association, a Norfolk Circuit Court denies defendant’s motion to dismiss the suit on the ground that all mortgagees and owners of the condominiums are necessary parties, and plaintiffs have failed to join all necessary parties. Before the board allowed unit owners to fence in their area behind Building 2, [...]

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 [...]