Virginia Lawyers Weekly VA Lawyers Weekly

In a judicial proceeding to sell tax-delinquent realty, the Commissioner of Accounts cannot enter a decree of confirmation of sale until the value of liens against the property being sold are determined. Background This court appointed a Special Commissioner to ...

Tagged with: Judge David Bernhard Municipal Real Property Virginia Circuit Courts

A property sales agreement, which set forth a mathematical formula for apportioning increases to local development-density rights between the property owners, was rendered impossible to calculate when the county removed the density limit entirely. Background In 2000, Appellant WG Land ...

Tagged with: Contract Justice Elizabeth A. McClanahan Land Use & Zoning Municipal Real Estate Real Property Supreme Court of Virginia

Lured by the prospect of protecting his real estate from creditors, an elderly property owner’s sale of his land to a “holding entity” – which he was (wrongly) told would hold the property in trust – was not voidable on ...

Tagged with: Contract Per Curiam Opinion Real Estate Virginia Court of Appeals Wills & Trusts

In October 2015, wind and rain damaged Plaintiff Constance Moss’s home. Moss’s homeowner’s insurer soon issued a claim check for over $15,000. In a move she has lived to regret, Moss sent the check to her mortgage company, Defendant Manufacturers ...

Tagged with: Consumer Protection Contract Insurance Judge John A. Gibney Jr. Mortgage Real Property U.S. District Court - Eastern District

This court’s order of Jan. 31 granting Mountain Valley Pipeline immediate possession to numerous easements in the construction pathway of a FERC-approved pipeline was conditioned on its first presenting sufficient additional evidence that satisfies the constitutional requirements of eminent domain. ...

Tagged with: Judge Elizabeth K. Dillon Real Property U.S. District Court - Western District

Petitioners Delancey Street Financial LLC and Delancey Street Financial II, LLC initiated this action requesting this court to compel its Clerk to “cause the lien of taxes, levies, and assessments to be marked satisfied upon the list of delinquent lands ...

Tagged with: Judge Gordon F. Willis Real Property Stafford County Circuit Court Virginia Circuit Courts

Mortgagee Wells Fargo could subordinate its first-priority lien to its third-priority lien on secured property, without thereby moving the second-priority lien to first position, the court held. Defendant Milton H. Cortez obtained two loans to purchase a home in 2005. ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Real Estate Virginia Circuit Courts

Defendant Virginia Department of Transportation properly offered reconveyance of acquired property at the price paid for land and improvements, even though it had removed the improvements in the interim, the court held. Plaintiff David Kalergis owned a 55-acre farm in ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

Eggiman v. Ventures Trust 2013-I-H-R (VLW No. 017-3-449, 8 pp.)(Hilton, J.) 1:16-cv-01579; E.D. Va. Holding:  Where plaintiff property owner fails to allege that he had superior title through satisfaction of his loan obligations, he fails to state a quiet title ...

Tagged with: Judge Claude M. Hilton Real Estate U.S. District Court - Eastern District

Plaintiffs seek to rescind the 2013 foreclosure sale of their home based on lender’s alleged breaches of its obligations to provide notice before foreclosing on the property and to comply with applicable law throughout the foreclosure process. Defendants have moved ...

Tagged with: Judge Arenda L. Wright Allen Real Estate U.S. District Court - Eastern District