Mortgage Company Wants to Enforce Repurchase Contract

Fraud Claim Not Preempted by HOLA

By Deborah Elkins
Published: March 27, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Allyson K. Duncan, Real Estate

A plaintiff who defaulted on her home loan and complained about an inflated appraisal, unfair loan terms and a rushed loan closing may sue the lender for fraud under state law, as that claim is not preempted by the federal Home Owners’ Loan Act, but her unconscionability claim is preempted under 12 C.F.R. § 560.2 [...]

Lender Gets Constructive Trust on Wife’s Interest

By Deborah Elkins
Published: March 20, 2013
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Real Estate, Virginia Circuit Courts

Although a lender that refinanced a mortgage on property owned by husband and wife as tenants by entirety neglected to get wife’s signature on the refinance loan, the Hanover County Circuit Court imposes a constructive trust on wife’s interest in the property, now that her husband has died and the property is subject to foreclosure; [...]

Defaulting Borrower Ran Up Attorney’s Fees

By Deborah Elkins
Published: March 20, 2013
Tags: Judge Leonie Brinkema, Real Estate, U.S. District Court - Eastern District

A lender who won summary judgment ordering the borrower to pay $672,349 on a defaulted loan on investment property also is entitled to attorney’s fees of $99,094 and costs of $152,530; the Alexandria U.S. District Court denies the borrower’s request that a decision on fees be stayed pending appeal of the underlying case. The loan [...]

Developer Wins Limited Declaratory Relief

By Deborah Elkins
Published: March 20, 2013
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Real Estate, Virginia Circuit Courts

In this dispute over a developer’s alternative plans to provide water and sewer service to a proposed development after the localities changed plans to share that responsibility, a Loudoun County Circuit Court orders limited declaratory relief and holds that a determination of rights regarding whether the tract may be developed with an Alternative Onsite System [...]

No Pay-Backs for Developer’s Proffers

By Deborah Elkins
Published: March 13, 2013
Tags: Justice Elizabeth A. McClanahan, Real Estate, Supreme Court of Virginia

Although a trial court said a real estate developer did not have to pay an extra $4,000 per subdivision unit as part of its “proffer” under the prior owner’s agreement with the county, the developer was not entitled to restitution for payments it made, which fall under the “voluntary payment” doctrine; the Supreme Court of [...]

Permit Denial Upheld for Waterside Bars

By Deborah Elkins
Published: March 13, 2013
Tags: Justice Cynthia D. Kinser, Supreme Court of Virginia, Zoning

Two bars that operated in Norfolk’s Waterside Festival Marketplace lose their challenge to the city council’s revocation of a blanket special exception and denial of their individual applications to continue their operations; the Supreme Court of Virginia affirms judgment for the city, holding that the bars did not have vested rights and were not denied [...]

Foreclosed Borrower’s Claim Proceeds

By Deborah Elkins
Published: March 12, 2013
Tags: Judge James R. Spencer, Real Estate, U.S. District Court - Eastern District

The Richmond U.S. District Court allows foreclosed borrowers’ action to proceed against lender on allegations lender breached deed of trust conditions requiring compliance with a federal regulation requiring a personal face-to-face interview; borrower’s other claims are dismissed. In October 2008, borrowers obtained a residential mortgage loan assigned to lender; a law firm was named trustee [...]

Judgment Debtor May Not Disclaim Interest

By Deborah Elkins
Published: March 5, 2013
Tags: Halifax County Circuit Court, Judge Joel C. Cunningham, Real Estate, Virginia Circuit Courts

A judgment debtor may not disclaim his interest in a family farm in order to avoid the creditor’s partition suit, says a Halifax County Circuit Court. On May 27, 2011, plaintiff Ace Electric Company obtained a judgment against James Erik Butler in Henrico County Circuit Court, for $137,458.28, plus costs of $289. On July 6, [...]

Soldier Wins Lease Termination Case

By Deborah Elkins
Published: February 27, 2013
Tags: Judge Claude M. Hilton, Real Estate, U.S. District Court - Eastern District

An airman had the right to terminate a residential real estate lease if he was transferred by the U.S. Air Force more than 35 miles from the rental property, and an Alexandria U.S. District Court grants summary judgment for the return of his security deposit, in this suit filed on the airman’s behalf under the [...]