Virginia Lawyers Weekly VA Lawyers Weekly

A homeowner who has lost her home to foreclosure may sue defendant mortgage company and the federal agency that backed the mortgage note for breach of the deed of trust and note based on her claim that the Notice Letter ...

Tagged with: Judge Henry Coke Morgan Jr. Real Estate U.S. District Court - Eastern District

A Charlottesville U.S. District Court grants summary judgment to defendant bank in plaintiff’s fraud and misrepresentation action against the bank; plaintiff’s claims are barred by res judicata and, alternatively, by Va. Code § 8.01-243’s two-year statute of limitations for fraud-based ...

Tagged with: Judge Norman K. Moon Real Estate U.S. District Court - Western District

In this dispute between the current land surface owners and the successors to coal grantee rights, the Supreme Court of Virginia says an 1887 deed did not confer the right to royalties from coal bed methane gas production to owners ...

Tagged with: Justice Charles S. Russell Real Estate Supreme Court of Virginia

A plaintiff whose property was sold at foreclosure but who alleges she has no knowledge of prior loans secured by the property is alleging claims of fraud, which are barred by the statute of limitations, and the Charlottesville U.S. District ...

Tagged with: Judge Norman K. Moon Real Estate U.S. District Court - Western District

A Richmond U.S. District Court grants plaintiff condemnor a temporary injunction based on its right to permanently condemn 2.322 acres of respondent’s property for construction of a natural gas pipeline. Plaintiff company seeks to condemn a permanent easement together with ...

Tagged with: Judge Henry E. Hudson Real Estate U.S. District Court - Eastern District

A Richmond U.S. District Court grants plaintiff condemnor a temporary injunction awarding it early access to respondent’s property for an Access Road Easement to construct a natural gas pipeline. The only issue before the court is right of entry onto ...

Tagged with: Judge Henry E. Hudson Real Estate U.S. District Court - Eastern District

An Alexandria U.S. District Court dismisses plaintiff’s suit against Bank of America alleging breach of contract, negligence and punitive damages based on defendant bank’s alleged failure to provide plaintiff with information on foreclosure prevention services, allowing her to work with ...

Tagged with: Judge Gerald Bruce Lee Real Estate U.S. District Court - Eastern District

In this dispute over payment of an alleged rent increase, defendant had ample opportunity to raise a defense of partial want of consideration, and the Norfolk Circuit Court says the defense has been waived and enters judgment for plaintiff on ...

Tagged with: Judge Everett A. Martin Jr. Norfolk Circuit Court Real Estate Virginia Circuit Courts

Because defendant owners of shoreline property on Smith Mountain Lake expanded certain pre-existing boat docks, constructed new structures on their property and added fill to portions of the property that resulted in elevation changes, without the required approval of plaintiff ...

Tagged with: Judge Michael F. Urbanski Real Estate U.S. District Court - Western District

In this litigation involving a nursing home lease, assignment of lease and nonpayment of rent, in which plaintiff lessor won an award of $2.75 million in damages for defendant’s breach of the lease and abandonment of the facility, the Lynchburg ...

Tagged with: Judge Norman K. Moon Real Estate U.S. District Court - Western District