Attorneys’ “egregious” conduct was designed to, and did, mislead the district court, the 4th Circuit affirmed. They challenged the authenticity of a loan agreement for two years before revealing that they possessed an identical copy, obtained from their client, before ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Fees Banking Civil Practice Contract Judge Allyson K. Duncan Sanctions

A bank’s suit seeking a determination that tax liens against a foreclosed property must be discharged was a quiet title action for which the United States has waived sovereign immunity. Background The Knapps, who owned real property in Richlands, Virginia, ...

Tagged with: Banking Constitutional Judge James P. Jones Mortgage Real Property Taxation U.S. District Court - Western District

A business owner suing his partner for contribution to their company’s shared debt could assert the claim even if he had not completely satisfied the debt, but he had not done so within the three-year limitations period. Background Plaintiff Timothy ...

Tagged with: Banking Business Law Contract Judge Michael F. Urbanski U.S. District Court - Western District

A blind plaintiff lacked standing to sue a Virginia bank for maintaining a website without reasonable accommodations for individuals with disabilities, as he lived 300 miles from the nearest branch. Further, the bank’s voluntary upgrades – made prior to the ...

Tagged with: Banking Civil Rights Disability Judge James P. Jones U.S. District Court - Western District

In a class action against Bank of America for failure to provide information regarding lender-paid mortgage insurance, the district court did not err in concluding that the Plaintiffs’ type of mortgage loans didn’t require such disclosures under the Homeowners Protection ...

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

Because the plaintiff stated a claim against the only defendant to share her citizenship – the substitute trustee that executed foreclosure on her home – the court lacked diversity jurisdiction, and remand to state court was required. Background Plaintiff Norma ...

Tagged with: Banking Civil Procedure Judge Henry E. Hudson Mortgage Real Estate Real Property Tort U.S. District Court - Eastern District

In the defendant’s trial for trying to cash a fraudulent check, the trial did not err in admitting evidence that allowed the jury to discover that the defendant’s attempt to cash the check occurred in a short period where he ...

Tagged with: Banking Criminal Evidence Judge Teresa M. Chafin Virginia Court of Appeals

The district court did not err in any respect in convicting and sentencing a defendant alleged to be the ringleader of a conspiracy to convert funds from Capital One accountholders. Background Between January and April 2012, Appellant Junaidu Savage and ...

Tagged with: 4th U.S. Circuit Court of Appeals Banking Criminal Criminal Procedure Judge Henry F. Floyd Jury Sentencing

A bank’s liability for depositing wired funds procured by fraud is generally governed by Article 4A of the Uniform Commercial Code, the court held, although the bank’s representations to the defrauded party may create a cause of action for negligence. ...

Tagged with: Banking Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

WASHINGTON — Expressing an unwillingness to dramatically expand the scope of offenses that fall under the federal bank fraud statute, the justices of the U.S. Supreme Court searched for some type of limiting principle Tuesday during arguments in Loughrin v. ...

Tagged with: Banking U.S. Supreme Court