Virginia Lawyers Weekly VA Lawyers Weekly

A lender who won summary judgment ordering the borrower to pay $672,349 on a defaulted loan on investment property also is entitled to attorney’s fees of $99,094 and costs of $152,530; the Alexandria U.S. District Court denies the borrower’s request ...

Tagged with: Judge Leonie Brinkema Real Estate U.S. District Court - Eastern District

In this dispute over a developer’s alternative plans to provide water and sewer service to a proposed development after the localities changed plans to share that responsibility, a Loudoun County Circuit Court orders limited declaratory relief and holds that a ...

Tagged with: Judge Thomas D. Horne Loudoun County Circuit Court Real Estate Virginia Circuit Courts

Although a trial court said a real estate developer did not have to pay an extra $4,000 per subdivision unit as part of its “proffer” under the prior owner’s agreement with the county, the developer was not entitled to restitution ...

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

Two bars that operated in Norfolk’s Waterside Festival Marketplace lose their challenge to the city council’s revocation of a blanket special exception and denial of their individual applications to continue their operations; the Supreme Court of Virginia affirms judgment for ...

Tagged with: Justice Cynthia D. Kinser Land Use & Zoning Supreme Court of Virginia

The Richmond U.S. District Court allows foreclosed borrowers’ action to proceed against lender on allegations lender breached deed of trust conditions requiring compliance with a federal regulation requiring a personal face-to-face interview; borrower’s other claims are dismissed. In October 2008, ...

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

A judgment debtor may not disclaim his interest in a family farm in order to avoid the creditor’s partition suit, says a Halifax County Circuit Court. On May 27, 2011, plaintiff Ace Electric Company obtained a judgment against James Erik ...

Tagged with: Halifax County Circuit Court Judge Joel C. Cunningham Real Estate Virginia Circuit Courts

An airman had the right to terminate a residential real estate lease if he was transferred by the U.S. Air Force more than 35 miles from the rental property, and an Alexandria U.S. District Court grants summary judgment for the ...

Tagged with: Judge Claude M. Hilton Real Estate U.S. District Court - Eastern District

On recommendation of the magistrate judge, a Richmond U.S. District Court refuses to dismiss plaintiff mortgage company’s suit for specific performance to require defendant to repurchase four loans plaintiff bought during the past seven years that allegedly were subject to ...

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

A real estate contract clause that required the buyer – but not the seller – to submit to arbitration is unenforceable under Maryland law for lack of mutual consideration, and the 4th Circuit affirms judgment for plaintiff buyers who are ...

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

In this long-running contract dispute between a homeowner and a home builder, a Salem Circuit Court denies a motion to reconsider and motions to compel and admonishes the lawyers that “ad hominem attacks, bitterness and biting sarcasm upon or about ...

Tagged with: Contract Judge Clifford R. Weckstein Salem Circuit Court Virginia Circuit Courts