Virginia Lawyers Weekly VA Lawyers Weekly

A Roanoke City Circuit Court denies a petition to dismiss this condemnation proceeding filed by the Roanoke Redevelopment and Housing Authority, filed after the RRHA entered into a settlement agreement with the property owners for $2.9 million, for their conveyance ...

Tagged with: Judge Charles N. Dorsey Real Estate Roanoke Circuit Court Virginia Circuit Courts

A Charlottesville U.S. District Court remands to state court a Nelson County homeowner’s complaint that defendant initiated foreclosure proceedings without affording the homeowner a face-to-face meeting as required under 24 C.F.R. § 203.604(b); there is complete diversity of the parties, ...

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

An Alexandria U.S. District Court dismisses a borrower’s challenge to foreclosure proceedings alleging violations of the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act, fraud and breach of contract. The TILA and ...

Tagged with: Judge James C. Cacheris Real Estate U.S. District Court - Eastern District

Although a borrower says she has an expert witness to back her claim that she was charged an unreasonable fee for a title examination, a magistrate judge in the Richmond U.S. District Court dismisses the borrower’s claim under the Truth ...

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

Bexley Association, a subdivision association in Chesterfield County, cannot enforce a restrictive covenant against an owner who had no notice and never agreed to buy into a homeowners association or to incur fees prior to purchasing his property, says a ...

Tagged with: Chesterfield County Circuit Court Judge Herbert C. Gill Real Estate Virginia Circuit Courts

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