Virginia Lawyers Weekly VA Lawyers Weekly

Under the parties’ commercial lease, the assignment of the lease, in which the assignor agreed to remain jointly and severally liable on the lease, did not make the assignor a surety on the lease who could be released by a ...

Tagged with: Fairfax County Circuit Court Judge Bruce D. White Landlord/Tenant Virginia Circuit Courts

A commercial lease was not terminated when the landlord suspended its 2009 action for possession of space leased and assigned by a tenant, but in any event, the tenant owed rent for the four-month period following the assignee’s post-default eviction ...

Tagged with: Fairfax County Circuit Court Judge David Stanford Schell Landlord/Tenant Virginia Circuit Courts

In this condemnation action to take 1.604 acres under development as Granby Tower high-rise luxury condominiums, to construct an annex to the Walter E. Hoffman U.S. Courthouse in Norfolk, a Norfolk U.S. District Court rejects the property owner’s contention that ...

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

A homeowner seeking to forestall foreclosure has no private right of action under the federal Home Affordable Modification Program that allows defendants to remove this suit to federal court, and the Norfolk U.S. District Court will remand to state court ...

Tagged with: Judge Rebecca Beach Smith Real Estate U.S. District Court - Eastern District

A Richmond U.S. Court remands to state court a homeowner’s suit alleging state law claims against a lender, a loan servicer and a foreclosure company that require a court to construe the lender’s purported obligations under the federal Home Affordable ...

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

A Virginia mortgage borrower cannot challenge a note holder’s foreclosure, by substitute trustee, on the borrower’s Woodbridge property on a theory that only the original lender has authority to foreclose; the 4th Circuit says the Virginia legislature has given parties ...

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

A Charlottesville U.S. District Court awards sanctions under Fed. R. Civ. P. 37 and enters a default judgment against defendant mortgage company on plaintiff homeowners’ claim that defendant fraudulently misrepresented that plaintiff’s refinance of their home mortgage would not carry ...

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

Plaintiffs who purchased property at foreclosure and hired a contractor who began making repairs, have their claims dismissed by a Norfolk Circuit Court, with leave to amend the complaint against defendant city and city officials who allegedly ordered the immediate ...

Tagged with: Judge Charles E. Poston Municipal Norfolk Circuit Court Virginia Circuit Courts

A Richmond U.S. District Court dismisses plaintiff homeowners’ suit to prevent foreclosure on two properties based on allegations that defendant Wells Fargo’s committed fraud by denying the owners multiple loan modifications, while continuing to solicit their applications for loan modifications. ...

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

A lender may sue a widow who has defaulted on a mortgage refinance executed by her husband alone, on a theory of unjust enrichment, but the lender may not sue to quiet title or for reformation, specific performance or equitable ...

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