Foreclosed Borrower’s Claim Proceeds

A Super Bowl sob story

By Deborah Elkins
Published: April 10, 2013
Tags: Federal Courts, Judge Anthony J. Trenga, Judge Diana Gribbon Motz, Judge Gerald Bruce Lee, Real Estate

Here’s how missing the Super Bowl can get your case into federal court. Residents of two NoVa subdivisions chafed under contracts that said they could subscribe to one, and only one, cable provider. The folks in Lansdowne on the Potomac, which had over 2,000 residents, began complaining about the quality of service provided by OpenBand [...]

HOA Wins Challenge to Exclusive Cable Contract

By Deborah Elkins
Published: April 10, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge J. Harvie Wilkinson III, Real Estate

A cable provider’s exclusive contract to provide cable services to a real estate development violated an FCC order that prohibited such exclusivity arrangements, and the 4th Circuit affirms judgment for the homeowners’ association that successfully challenged the contract. Codified at 47 C.F.R. § 76.2000(a), the Federal Communications Commission’s Exclusivity Order states that no cable operator [...]

Court Limits Suit Against Trustee

By Deborah Elkins
Published: April 3, 2013
Tags: Judge Norman K. Moon, Real Estate, U.S. District Court - Western District

A Charlottesville U.S. District Court says that because the Fair Debt Collection Practices Act is not incorporated into the terms of the Deed of Trust, a violation of the FDCPA cannot support a claim for breach of that agreement, and that claim must be dismissed. Plaintiffs claim the acceleration notice on a mortgage debt violated [...]

No Quiet Title Suit to Collect Architect Fee

By Deborah Elkins
Published: April 1, 2013
Tags: Judge James R. Spencer, Real Estate, U.S. District Court - Eastern District

An architectural firm hired to provide design services for the proposed National Slavery Museum cannot enforce a judgment lien on property owned by the museum in Fredericksburg; the Richmond U.S. District Court says there is no controversy ripe to support a request for declaratory judgment and plaintiff’s status as a judgment creditor does not support [...]

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 [...]