Virginia Lawyers Weekly VA Lawyers Weekly

In this dispute over defendant landowners’ construction of a dock on their Smith Mountain Lake property that plaintiff power company says does not conform to the power company’s Flowage Easement and its federal license, a Roanoke U.S. District Court says ...

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

Plaintiffs who lost their home to foreclosure state claims for actual and constructive fraud based on allegations that two representatives of defendant loan servicer Ocwen told them a foreclosure sale scheduled for the following day would be placed on hold ...

Tagged with: Judge James R. Spencer Real Estate U.S. District Court - Eastern District

A Norfolk U.S. District Court says plaintiffs who lost their home to foreclosure have stated a breach of contract claim against defendants based on an alleged misstatement of the amount due on their defaulted loan that included the next month’s ...

Tagged with: Judge Raymond A. Jackson Real Estate U.S. District Court - Eastern District

A trial court did not err in granting a demurrer to appellant borrowers’ suit seeking to rescind a foreclosure sale of their home, the Virginia Supreme Court holds; appellants may have alleged a breach of contract in the lender’s failure ...

Tagged with: Real Estate Supreme Court of Virginia

In response to a question certified by the U.S. District Court for the Eastern District of Virginia, the Virginia Supreme Court holds that the 1981 enactment of Va. Code § 55.1-154.2 did not change the ownership of the mine void ...

Tagged with: Justice S. Bernard Goodwyn Real Estate Supreme Court of Virginia

In this boundary dispute, a landowner may not raise the affirmative defense of adverse possession at trial after failing to previously plead the defense; the Supreme Court of Virginia reverses a trial court judgment awarding appellee judgment on the defense. ...

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

A jury considering valuation of appellants’ property in a condemnation proceeding is not barred from hearing the amount of the initial appraisal obtained by the Virginia Department of Transportation, which was double what it offered at the time of trial; ...

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

A borrower who alleges a representative of defendant mortgage lender told him he was not eligible to apply for a HAMP loan modification until he was at least 30 days in arrears, and in reliance on that information he ceased ...

Tagged with: Judge James R. Spencer Real Estate U.S. District Court - Eastern District

A Richmond U.S. District Court dismisses plaintiff’s suit alleging violation of the Real Estate Settlement Procedures Act, as plaintiff failed to send his Qualified Written Requests for information to the properly designated address specified by defendant Specialized Loan Servicing LLC. ...

Tagged with: Judge John A. Gibney Jr. Real Estate U.S. District Court - Eastern District

A gas company wins summary judgment against a property owner who built a fence in the right-of-way easement owned by the gas company when the property was conveyed to defendant owner; the Richmond U.S. District Court accepts the declaration of ...

Tagged with: Judge James R. Spencer Real Estate U.S. District Court - Eastern District