Virginia Lawyers Weekly VA Lawyers Weekly

Following a Western District decision, an Alexandria U.S. District Court rejects defendant bank’s argument that plaintiff borrowers’ challenge to foreclosure on their home is barred by res judicata based on a bankruptcy court order lifting the stay or a Virginia ...

Tagged with: Judge James C. Cacheris Real Estate U.S. District Court - Eastern District

Defendant Kroger Company must pay its landlord the cost of repair to HVAC units damaged by  the theft of copper piping, in accord with Kroger’s duty under the commercial lease to self insure casualty losses, and the landlord may credit ...

Tagged with: Judge James P. Jones Real Estate U.S. District Court - Western District

In a dispute in which a circuit court ordered appellee to sell a parcel of land to a developer in 2004, with a provision for additional payment if the city approved the developer’s subdivision plans to allow six or more ...

Tagged with: Real Estate Supreme Court of Virginia

Plaintiff housing authority may not evict a tenant under lease provisions governing drug and criminal activity based on evidence that she arrived home as police were arresting her trespasser husband and found drugs; the Richmond Circuit Court says the evidence ...

Tagged with: Judge Melvin R. Hughes Jr. Real Estate Virginia Circuit Courts

An Abingdon U.S. District Court dismisses plaintiff borrowers’ fraud and misrepresentation claims alleging the loan officers for defendant lender repeatedly represented that the borrowers’ income qualified them for multiple home refinancing loans; plaintiffs have failed to allege the content of ...

Tagged with: Judge James P. Jones Real Estate U.S. District Court - Western District

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