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Tag Archives: Creditor’s Rights

Broker’s Bad Faith Counterclaim Proceeds (access required)

The Richmond U.S. District Court denies mortgage lender’s motion to dismiss broker’s counterclaim seeking damages and attorney’s fees for breach of the implied duty of good faith and fair dealing; broker sufficiently pleads an agreement, breach and injury based on ...

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‘Show Me the Note’ Claim Fails Again (access required)

A Fairfax Circuit Court rejects plaintiff defaulting borrowers’ “show me the note” challenge to foreclosure on their property, and says they may not amend their declaratory judgment and breach of fiduciary claims yet again. In this “show me the note” ...

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No Garnishment of Mineral ‘Headright’ (access required)

An Alexandria U.S. District Court grants garnishee Osage Indian Agency’s motion to quash a garnishment summons a creditor obtained in Virginia state court to collect on a $63,565 judgment from debtor’s mineral “headright”; the creditor filed her summons against the ...

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No Default Cure From Extra Payments (access required)

Plaintiff lender is entitled to a deficiency judgment after foreclosure on real estate that secured a commercial loan, and the Richmond Circuit Court rejects defendant guarantors’ contention that their additional payments after default cured the default, which is not the ...

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