Virginia Lawyers Weekly VA Lawyers Weekly

A Richmond Circuit Court dismisses plaintiff homeowner’s RICO claim asserted as a basis for setting aside a foreclosure sale, without leave to amend, and denies defendants’ motion to sanction plaintiff under Va. Code § 8.01-271.1 for pursuit of this claim. ...

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

In the latest round of this years-long dispute over a billboard sign located on the tip of Mayo Island in the city of Richmond, a Richmond Circuit Court upholds a decision by the board of zoning appeals denying appellants’ request ...

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

A cable provider’s exclusive contract to provide cable services to a real estate development violated an FCC order that prohibited such exclusivity arrangements, and the 4th Circuit affirms judgment for the homeowners’ association that successfully challenged the contract. Codified at ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Real Estate

A Charlottesville U.S. District Court says that because the Fair Debt Collection Practices Act is not incorporated into the terms of the Deed of Trust, a violation of the FDCPA cannot support a claim for breach of that agreement, and ...

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

An architectural firm hired to provide design services for the proposed National Slavery Museum cannot enforce a judgment lien on property owned by the museum in Fredericksburg; the Richmond U.S. District Court says there is no controversy ripe to support ...

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

A gas company seeking to expand its natural gas substation in Prince George’s County, Md., cannot challenge the county’s denial of their request in this federal lawsuit; the 4th Circuit affirms the district court decision dismissing the company’s claim under ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Stephanie Dawn Thacker Land Use & Zoning

A plaintiff who defaulted on her home loan and complained about an inflated appraisal, unfair loan terms and a rushed loan closing may sue the lender for fraud under state law, as that claim is not preempted by the federal ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allyson K. Duncan Real Estate

Although a lender that refinanced a mortgage on property owned by husband and wife as tenants by entirety neglected to get wife’s signature on the refinance loan, the Hanover County Circuit Court imposes a constructive trust on wife’s interest in ...

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

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