Virginia Lawyers Weekly VA Lawyers Weekly

Plaintiffs who seek to avoid foreclosure on their real estate after they defaulted on their loan see their complaint for injunctive relief and alleging fraud, trespass and/or breach of contract dismissed by the Richmond U.S. District Court. At most, the ...

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

Borrowers who defaulted on a mortgage loan cannot pursue a quiet title action under Maryland law on a theory that insurance coverage for the lender’s loss meant they still owned the property, and the 4th Circuit affirms dismissal of their ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allyson K. Duncan Real Estate

Although plaintiffs in this quiet title suit contend defendant loan company is incorporated in Delaware and has its principal place of business in Virginia, the Roanoke U.S. District Court says the named defendants have merged into a California corporation, with ...

Tagged with: Judge Glen E. Conrad Real Estate U.S. District Court - Western District

A Charlottesville U.S. District Court says plaintiff homeowners may sue for fraud based on their allegations, with specific names and dates, that defendant lender’s representatives advised them to allow their home to go into foreclosure prior to seeking a HAMP ...

Tagged with: Judge Glen E. Conrad Real Estate U.S. District Court - Western District

A plaintiff who borrowed $288,000, secured by his property in White Stone, which he lost to foreclosure, has his suit against the note holder, the substitute trustee on the deed of trust and the property buyer dismissed on the note ...

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

Although plaintiff and defendant had the common goal of construction of a worship center in order to promote the practice and advancement of Zoroastrianism, an ancient Persian religion, plaintiff tenant failed to meet any time deadlines to commence or complete ...

Tagged with: Judge Liam O'Grady Real Estate U.S. District Court - Eastern District

In this ongoing dispute between appellant, who built a causeway extending to an island in the Rappahannock River in Middlesex County and appellee, who acquired the property adjacent to the island and causeway and all riparian rights appurtenant to the ...

Tagged with: Justice William C. Mims Real Estate Supreme Court of Virginia

A change in the language of the “provide and pay for” provision in a real estate cooperative’s mutual ownership contracts with Members, and prior interpretation of the contract to support the coop’s payment of repairs to external roofs and canopies, ...

Tagged with: Justice William C. Mims Real Estate Supreme Court of Virginia

The Supreme Court of Virginia affirms an order requiring Norfolk Southern Railway to restore a private grade crossing over its railway tracks in Rockingham County, as required under a 1940 Crossing Agreement between the parties’ predecessors which gave appellee – ...

Tagged with: Justice Elizabeth A. McClanahan Real Estate Supreme Court of Virginia

A borrower who defaulted on her home loan could not overturn foreclosure on her home by claiming breach of contract and breach of fiduciary duty by the Virginia Housing Development Authority and the substitute trustee, but she did state a ...

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