Virginia Lawyers Weekly VA Lawyers Weekly

A landlord can’t overturn a jury verdict for a guarantor of a restaurant lease with a claim of “jury nullification”; a Fairfax Circuit Court says the guarantor’s testimony that he received a verbal assurance that his guaranty was released when ...

Tagged with: Fairfax County Circuit Court Judge Jane Marum Roush Landlord/Tenant Virginia Circuit Courts

Plaintiffs who lost their home through foreclosure cannot sue for negligence, as any alleged fiduciary duty arose from their contract, but they have stated a quiet title claim with their allegations that the foreclosure was invalid because defendants were not ...

Tagged with: Fairfax County Circuit Court Judge Jonathan C. Thacher Real Estate Virginia Circuit Courts

In this decades-old dispute, not unlike a “chronicle of the Tudor dynasty,” between a West Virginia landowner and local government bodies and neighbors who played a part in resisting his development plans, the 4th Circuit says the denial of a ...

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

A housing authority that sold a parcel with a right of first refusal in 1989, cannot come back in 2007, after the parcel changed hands during marital separation, a foreclosure sale and a subsequent sale, and enforce the first-refusal right ...

Tagged with: Justice William C. Mims Real Estate Supreme Court of Virginia

A borrower cannot forestall foreclosure on his property with conclusory assertions about a pattern and practice in the mortgage loan industry for the entity purporting to appoint a substitute trustee to identify itself as holder of the note even though ...

Tagged with: Consumer Protection Judge Norman K. Moon U.S. District Court - Western District

An Alexandria U.S. District Court says a bank can intervene in plaintiffs’ lawsuit challenging the 2006 foreclosure sale of plaintiffs’ Manassas commercial property, as the bank is the beneficiary of certain deeds of trust that encumber the property. To the ...

Tagged with: Civil Procedure Judge James C. Cacheris U.S. District Court - Eastern District

Plaintiffs’ claim for abuse of process in the 2006 foreclosure sale of their commercial property in Manassas is barred by res judicata, says an Alexandria U.S. District Court. Plaintiffs Peter and Veron Lee Kalos have filed numerous actions in this ...

Tagged with: Civil Procedure Judge James C. Cacheris U.S. District Court - Eastern District

In this challenge by property owners to the Norfolk Redevelopment & Housing Authority’s taking of the properties for a Hampton Boulevard Redevelopment Project, a Norfolk Circuit Court says the takings by NRHA of respondents’ properties are proper. In 1998, with ...

Tagged with: Eminent Domain Judge Louis Allen Sherman Norfolk Circuit Court Virginia Circuit Courts

A Charlottesville U.S. District Court says a borrower can sue the lender for a home equity line of credit under the Truth in Lending Act because the lender misrepresented the borrower’s rights by purporting to require the borrower to sign ...

Tagged with: Consumer Protection Judge Norman K. Moon U.S. District Court - Western District

The State Building Code Technical Review Board’s interpretation of regulations to not require retrofitting a 35-year old condominium building with firestops is upheld as being within the board’s statutorily assigned area of specialized expertise; the Court of Appeals says the ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Robert J. Humphreys