November 29, 2016
Comments Off on Lessor Has Conversion Claim for Fixture Removal
A corporate lessee and its owner cannot use the “source of duty” rule to win dismissal of a conversion claim filed by plaintiff lessor, who alleges defendants are liable for removing property from the leased premises which belonged to the ...
Tagged with: Judge Ivan D. Davis Real Estate U.S. District Court - Eastern District
Read More »A buyer of a lot at a tax sale who mistakenly made improvements to a house on a nearby lot, without the owner’s knowledge or approval, cannot subject the owners of that property to a constructive trust and a lien ...
Tagged with: Real Estate Supreme Court of Virginia
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November 1, 2016
Comments Off on No Separate Claim for ‘Loan-Servicing’ Fraud
A Harrisonburg U.S. District Court overrules plaintiff borrowers’ objections to a magistrate judge’s recommendation to dismiss their suit against defendant mortgage servicer based on various consumer protection laws. Plaintiffs primarily – and prolifically – lodge objections to the report’s findings ...
Tagged with: Judge Michael F. Urbanski Real Estate U.S. District Court - Western District
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October 17, 2016
Comments Off on Density Provision Subject to ‘Impossibility’ Defense
In this dispute involving a 2000 Purchase Agreement for the sale of real property located in Tysons Corner, Va., from West*Group Properties LLC to defendant Capital One Bank, a Fairfax Circuit Court grants summary judgment for Capital One in an ...
Tagged with: Fairfax County Circuit Court Judge John M. Tran Real Estate Virginia Circuit Courts
Read More »A special assessment lien on a Portsmouth parcel has priority over a deed of trust recorded before the special assessments were imposed and the new owners of the property subject to the special assessment cannot succeed in their belated challenge ...
Tagged with: Real Estate Supreme Court of Virginia
Read More »In a family’s suit for damages from mold contamination due to water leakage in their military housing, the Norfolk U.S. District Court denies defendant property management company’s motion for attorney’s fees and grants plaintiffs’ request for $4,500 in fees for ...
Tagged with: Judge Raymond A. Jackson Real Estate U.S. District Court - Eastern District
Read More »In a family’s suit for damages from mold contamination due to water leakage in their military housing, the Norfolk U.S. District Court denies plaintiffs’ motion for a new trial and renewed motion for judgment as to liability, on plaintiffs’ breach ...
Tagged with: Judge Raymond A. Jackson Real Estate U.S. District Court - Eastern District
Read More »A dentist who alleges he was told by the city that he had to relocate from the building that had housed his practice for over 30 years because the city was buying the building, and that he would receive relocation ...
Tagged with: Judge Henry Coke Morgan Jr. Real Estate U.S. District Court - Eastern District
Read More »A homeowner who is suing defendant mortgage company for alleged violations of the law governing mortgage loan modification requests may pursue his claims for breach of contract and a RESPA violation, but the Richmond U.S. District Court grants judgment on ...
Tagged with: Judge James R. Spencer Real Estate U.S. District Court - Eastern District
Read More »Plaintiffs who lost their home to foreclosure may amend their contract claim against Freddie Mac to allege that defendant breached the agreement in plaintiffs’ written application for a loan modification which should have halted the foreclosure; however, the Charlottesville U.S. ...
Tagged with: Judge Glen E. Conrad Real Estate U.S. District Court - Western District
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Virginia Lawyers Weekly VA Lawyers Weekly
