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Tag Archives: Real Estate

Assignment recordation bill killed after all

The effort to require recordation of mortgage assignments in court records is finally dead. Sen. Chap Petersen, D-Fairfax, managed to resurrect his proposal, Senate Bill 838, that would have required the recordation of mortgage assignments in court records yesterday. The ...

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With No Interest In Debt, Bank Can’t Foreclose (access required)

Although the record is clear that defendant bank cannot enforce the missing note as a negotiable instrument due to its violation of Va. Code § 8.3A-309, this does not extinguish plaintiff’s debt or prohibit foreclosure; but the Fairfax Circuit Court ...

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Real Estate – Land Use – Constitutional – Establishment Clause (access required)

The 4th Circuit affirms approval of a government-backed project where an Arlington church shares space with subsidized apartments in a single 10-story building; the panel rejects the constitutional challenge of an Arlington resident who lived near the project and said ...

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Real Estate – Inverse Condemnation – Storm Water Retention – School Property (access required)

Property owners who allege damage to their property from a county school board’s construction of a “storm water retention basin” that allowed polluted storm water to be discharged onto plaintiffs’ property and into their pond, are entitled to damages for ...

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