Virginia Lawyers Weekly VA Lawyers Weekly

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

In plaintiff Plum Creek Timberlands LP’s suit seeking a declaration that it is the lawful owner of certain natural gas interests located in Buchanan County and that a 1930 deed purporting to convey the property was void, the Abingdon U.S. ...

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

Plaintiff landowners who claim defendant mining company, in order to get rid of excess wastewater from an underground coal mine, diverted water into the underground voids in another mine it controlled located beneath plaintiffs’ land, have standing and may replead ...

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

A defaulting borrower faces eviction after defendant bank foreclosed on his home, and the Richmond U.S. District Court dismisses the borrower’s suit against the U.S. and against the bank. When the borrower defaulted on his home loan, the bank appointed ...

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

A Charlottesville U.S. District Court dismisses a lawsuit challenging a foreclosure sale of plaintiff defaulting borrowers’ home based on their claim that the substitute trustee’s appointment was “bogus.” Plaintiff borrowers assert they have standing, as the property owners, to contest ...

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

Plaintiffs who claim defendants, Fannie Mae and a mortgage loan servicer, have not performed in accordance with the mortgage modification agreement plaintiffs executed under the Home Affordable Modification Program may sue for alleged fraud in the loan modification agreement and ...

Tagged with: Judge John A. Gibney Jr. Real Estate U.S. District Court - Eastern District

In this suit for breach of a contract to buy commercial real estate for construction of a restaurant, the Norfolk U.S. District Court denies each side’s motion for summary judgment as there remain many material factual disputes over each side’s ...

Tagged with: Judge Mark Davis Real Estate U.S. District Court - Eastern District

In a dispute over ownership of mineral rights for oil and gas wells in West Virginia, the 4th Circuit certifies to the West Virginia high court the question of whether a plaintiff who asserts an interest in the mineral rights ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Robert B. King Real Estate

A subdivision deed did not create an express easement for appellant to use a four-foot “private walk easement” at the rear of a neighbor’s lot in Alexandria, and the Supreme Court of Virginia reverses a judgment that included an injunction ...

Tagged with: Justice Donald W. Lemons Real Estate Supreme Court of Virginia

Tracing the transfer of rights conveyed under an oil and gas lease in 1892, the 4th Circuit says there was no severance of the two interests and the lease conveyed gas rights as well as oil rights;  the 4th Circuit ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Roger L. Gregory Real Estate