Virginia Lawyers Weekly VA Lawyers Weekly

The purchaser of a loan in a reverse mortgage transaction was not a “mortgage broker” under the Maryland Finder’s Fee Act, and plaintiff borrower cannot recover from the purchaser for allegedly violating the Act by funding the loan under a ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Real Estate

Home buyers who paid a fee to a mortgage company co-owned by defendants, a real estate company and a bank, are not entitled to a refund of the fee as a “finder’s fee” under the Maryland Finder’s Fee Act; the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Real Estate

Plaintiff owners of land in Buchanan County, including natural gas reserves and coal bed methane, may amend their complaint against defendant mining company for alleged damage to plaintiffs’ property by causing polluted water to be “secretly placed” in underground mine ...

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

Plaintiffs, who lost their home to foreclosure, may not sue defendant Beneficial Financial I Inc. for breach of the implied covenant of good faith and fair dealing, but the Roanoke U.S. District Court grants plaintiffs leave to amend their claim ...

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

In this dispute over whether an expansion of activities related to defendant’s vineyard, to include making and selling bread and cheese from a “farm building” on the property, violates a Conservation Easement, the Loudoun Circuit Court says plaintiff wetlands trust ...

Tagged with: Judge Burke McCahill Loudoun County Circuit Court Real Estate Virginia Circuit Courts

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