Virginia Lawyers Weekly VA Lawyers Weekly

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

A Norfolk U.S. District Court says the federal government may enforce liens against a delinquent taxpayer’s home and foreclose upon the home to collect $179,727.84 for unpaid income tax assessments, penalties and statutory interest. In 2004, defendant transferred his interest ...

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

Although defendant did not know he had trespassed on his neighbor’s land when he removed a fence and changed the location of a stream, those actions nevertheless showed a willful and wanton or reckless disregard for the rights of others, ...

Tagged with: Judge Dennis Lee Hupp Shenandoah County Circuit Court Tort Virginia Circuit Courts

The city’s tax assessment of a renovated warehouse converted to a residential apartment complex is not legally erroneous for the tax years 2005 through 2007, and the Richmond Circuit Court denies the taxpayer’s petition for correction of an erroneous assessment. ...

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