Virginia Lawyers Weekly VA Lawyers Weekly

A Fairfax Circuit Court denies VDOT’s motion to strike a property owner’s objections to VDOT’s petition in condemnation for a partial taking of a parcel in Chantilly for the widening of Route 50. The owner of the property, Dulles Properties, ...

Tagged with: Fairfax County Circuit Court Judge R. Terrence Ney Real Estate Virginia Circuit Courts

A restaurant tenant cannot claim its Right of First Refusal has been breached by a transfer of the property from a living trust that took the property upon the owner’s death, to her son, who was the trustee and sole ...

Tagged with: Fairfax County Circuit Court Judge R. Terrence Ney Real Estate Virginia Circuit Courts

Property owners who lost their property to foreclosure have not met the case-or-controversy requirement for the Richmond U.S. District Court to exercise jurisdiction over their claims for a loss of equity in the property, rents on the property, inconvenience and ...

Tagged with: Judge Robert E. Payne Real Estate U.S. District Court - Eastern District

A Charlottesville U.S. District Court dismisses plaintiff homeowners’ suit to quiet title which alleges the assignment of their deed of trust to defendant bank, as trustee for a loan trust, was invalid. In this case, plaintiffs allege basically the same ...

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

A plaintiff who has defaulted on a $650,000 mortgage loan on his Fredericksburg property has his suit alleging fraud dismissed by the Alexandria U.S. District Court for lack of sufficient detail about time, place or content of any alleged fraudulent ...

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

Defendant Freddie Mac wins dismissal of this suit filed by plaintiffs who have lost their Virginia Beach home to foreclosure; the Norfolk U.S. District Court says the complaint fails to adequately plead that plaintiffs have superior title to Freddie Mac, ...

Tagged with: Judge Robert G. Doumar Real Estate U.S. District Court - Eastern District

The Norfolk U.S. District Court says a homeowner who is losing her home to foreclosure cannot sue defendant mortgage servicer under the National Mortgage Settlement, a 2012 agreement between state attorneys general and mortgage servicers, as there is no private ...

Tagged with: Judge Rebecca Beach Smith Real Estate U.S. District Court - Eastern District

Maryland homeowners who were denied a mortgage loan modification under the federal Home Affordable Modification Program cannot sue their mortgage servicer Wells Fargo Bank under HAMP or under various state law theories of recovery, and the 4th Circuit upholds dismissal ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Andre M. Davis Real Estate

In this protracted and complex dispute between plaintiffs, the Episcopal Diocese of Virginia and the Protestant Episcopal Church in the U.S., and seven local congregations that disaffiliated from the larger church, plaintiffs have demonstrated a proprietary interest in the church ...

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

A law firm gets to keep $130,000 in attorney’s fees after a sale of real estate as part of a disputed estate case; the Supreme Court of Virginia says the circuit court had jurisdiction to distribute the fee as part ...

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