Virginia Lawyers Weekly VA Lawyers Weekly

In a homeowners association’s suit to recover expenses for removal of a tree that fell from a common area onto a homeowner’s condominium, a Richmond Circuit Court denies recovery of $800 for removal of the tree, but awards plaintiff the ...

Tagged with: Judge Melvin R. Hughes Jr. Real Estate Richmond Circuit Court Virginia Circuit Courts

Although Virginia law may support a claim that a material overstatement of an amount owed on a mortgage loan default is a material breach of a note and deed of trust, plaintiffs in this case have failed to demonstrate harm ...

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

A North Carolina beach town did not violate procedural due process and equal protection rights of the owners of six beachfront storm-damaged cottages declared to be “nuisances” under a town ordinance, but the 4th Circuit says the trial court erred ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Dennis W. Shedd Real Estate

Although a notice of acceleration sent to plaintiff borrower did not include language required by her deed of trust about notifying borrower of the right to sue in court, the notice was in material compliance with the deed of trust ...

Tagged with: Judge Samuel G. Wilson Real Estate U.S. District Court - Western District

Property owners whose land was condemned so the town of Ashland could build a welcome center did not have a right of first refusal to repurchase the property when the town did not build the welcome center; a Hanover County ...

Tagged with: Hanover County Circuit Court Judge J. Overton Harris Real Estate Virginia Circuit Courts

An Alexandria U.S. District Court applies the doctrine of res judicata to dismiss this suit attempting to relitigate plaintiff’s fraud and contract claims against Wells Fargo based on its alleged quotation of an inflated payoff figure for a mortgage on ...

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

In this dispute between two owners of adjacent properties in the Historic District of Alexandria, the Supreme Court of Virginia upholds a judgment that the owners who seek to build a home on their vacant lot hold fee simple title ...

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

None of the justifications offered by property owners who want to build on a lot on “Captain’s Row” in the Alexandria Historic District support the Board of Zoning Appeals’ grant of side and rear yard variances, and the Supreme Court ...

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

A plaintiff who lost her home to foreclosure states a claim for breach of the note and deed of trust based on her allegation that defendant’s pre-acceleration notice misstated her arrearage, preventing her from bringing her mortgage loan current and ...

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

A property owner who disputed the width of defendant natural gas company’s easement and refused to allow cutting of trees on the property to widen the easement may sue the company for trespass for coming onto the property and performing ...

Tagged with: Judge Henry E. Hudson Real Estate U.S. District Court - Eastern District