Stone House Owners Want to Limit Quarrying

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 [...]

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 [...]

HOAs in chaos

By Virginia Lawyers Weekly
Published: March 11, 2013
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Real Estate, Supreme Court of Virginia News

Homeowners associations in Virginia – and their lawyers – are taking a close look at how they enforce rules and charges after a series of adverse court decisions and the prominent bankruptcy of one Fairfax County community association. The cases have “thrown a lot of HOAs into chaos,” one lawyer said. Attorneys who advise condominiums [...]

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 [...]

Mortgage Company Wants to Enforce Repurchase Contract

By Deborah Elkins
Published: February 27, 2013
Tags: Judge M. Hannah Lauck, Judge Robert E. Payne, Real Estate, U.S. District Court - Eastern District

On recommendation of the magistrate judge, a Richmond U.S. District Court refuses to dismiss plaintiff mortgage company’s suit for specific performance to require defendant to repurchase four loans plaintiff bought during the past seven years that allegedly were subject to repurchase due to faulty information on the loan application or other identified problems with the [...]

Buyer-Only Arbitration Clause Unenforceable

By Deborah Elkins
Published: February 27, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Andre M. Davis, Real Estate

A real estate contract clause that required the buyer – but not the seller – to submit to arbitration is unenforceable under Maryland law for lack of mutual consideration, and the 4th Circuit affirms judgment for plaintiff buyers who are seeking return of their deposit on a luxury home after they were unable to obtain [...]

Lawyer lost license over real estate practices

By Peter Vieth
Published: February 8, 2013
Tags: Lawyer Discipline, Real Estate, Virginia State Bar

A Richmond lawyer who had a high-volume real estate practice has surrendered his law license after findings of long-time lapses in bookkeeping and registration as a settlement agent. G. Dean Foster borrowed money to cover errors in his trust account that at one time totaled $176,000, according to the Virginia State Bar’s findings. In 2006, [...]

Church Says Zoning Violates RLUIPA

By Deborah Elkins
Published: February 6, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Diana Gribbon Motz, Real Estate

The 4th Circuit reverses summary judgment for Montgomery County, Md., in a megachurch’s challenge to zoning regulations that prevented the church from building a new facility in an area zoned as “rural density transfer zone”; the church says the county’s actions violated the Religious Land Use and Institutionalized Persons Act. Bethel World Outreach Ministries’ principal [...]