Virginia Lawyers Weekly VA Lawyers Weekly

Plaintiffs’ bare assertion that they did not receive the required number of copies of a Truth in Lending Disclosure Statement when they refinanced their home is not enough to rebut the presumption that they received the necessary disclosures, and a ...

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

A borrower cannot avoid foreclosure on his property with arguments that the entities seeking to foreclose do not have the necessary authority, according to the Alexandria U.S. District Court. Plaintiffs’ assertions that none of the defendants “has authority under the ...

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

Finding that “numerous other judges in this court have already addressed the exact same legal issues in thorough memorandum opinions and orders,” an Alexandria U.S. District Court orders judgment for defendants in their effort to foreclose on plaintiff’s property. Specifically, ...

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

A borrower who sues under the Fair Debt Collection Practices Act and to quiet title in his home, which has been foreclosed upon, should not be allowed to file an amended complaint, recommends a magistrate judge for the Alexandria U.S. ...

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

A woman who alleges “predatory lending practices” because her second refinancing with defendant led to higher interest rates and “exorbitant” fees can sue under the Virginia Mortgage Lender Act and for breach of contract and misrepresentations that allegedly violated the ...

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

Where opinions on the fair market value of the Keswick Club ranged from $2.9 million under the income approach used by the taxpayer’s expert, to over $12.7 million with the county assessor’s use of the cost approach, to $12.5 million ...

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

The Virginia Court of Appeals upholds monetary sanctions and loss of license against a real estate agent who entered into separate contracts to buy two adjacent lots in Hanover County, but failed to follow contract terms about payment of delinquent ...

Tagged with: Administrative Judge Rossie D. Alston Jr. Virginia Court of Appeals

Buyers who allege defendant misrepresented that their home refinance loan did not include mortgage insurance, when in fact it had lender paid mortgage insurance, and that they were prevented from an additional refi under the “Making Homes Affordable Program” that ...

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

An English trustee seeking a Hampton, Va., real estate interest of a citizen of the UK who was adjudged bankrupt in England cannot get the Newport News U.S. District Court to “avoid” a transfer of the Hampton property by debtor ...

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

A homeowner in default on two notes executed to refinance her mortgage cannot undo foreclosure on her home with her claims that noteholders cannot enforce these instruments; the so-called “split” of the deeds of trust from the promissory notes does ...

Tagged with: Judge Liam O'Grady Real Estate U.S. District Court - Eastern District