Where a mortgagee had an undisputed outstanding principal balance of $60,000, his tender of a $890 money order with the words “tendered as full satisfaction of the claim” inscribed in tiny, nearly indecipherable handwriting at the bottom and the mortgage ...

Tagged with: Banking Judge Robert E. Payne U.S. District Court - Eastern District

Homeowners cannot demand that the defendants produce the original note for inspection because such a demand is contrary to Virginia’s non-judicial foreclosure laws. In addition, the homeowners lack standing to contest the assignments of the deed, the appointment of substitute ...

Tagged with: Banking Judge Leonie Brinkema U.S. District Court - Eastern District

A credit union that alleges defendants used improper tactics to recover its debt failed to establish that its suit was properly filed in the Eastern District of Virginia. The court found that 28 U.S.C. § 1332(c) does not apply to ...

Tagged with: Banking Judge Anthony J. Trenga U.S. District Court - Eastern District

A homeowner who became frustrated after multiple unsuccessful attempts to request loan modification or loss mitigation relief did not adequately state a claim his provider violated the loss mitigation rules because he had already availed himself of the loss mitigation ...

Tagged with: Banking Judge Robert G. Doumar U.S. District Court - Eastern District

The bank’s lien survived the foreclosure sale and remained superior to a tax lien filed by the Internal Revenue Service. Because the IRS did not receive proper notice, the tax liens were not discharged by the nonjudicial foreclosure sale, and ...

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

The court held that because the bank, as a mortgagee, did not have a “branch office” within 200 miles of a woman’s home, it was exempt from the requirement to offer or conduct a face-to-face meeting with her before it ...

Tagged with: Banking Judge Elizabeth K. Dillon U.S. District Court - Western District

A blind man who complained that the website of the Department of Labor Federal Credit Union was not accessible to the disabled lacked standing to sue because he was not a member. Background The Department of Labor Federal Credit Union ...

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

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Banking Bankruptcy Civil Procedure Civil Rights Commercial Constitutional Consumer Protection Contract Corporate Criminal Domestic Relations Employment Evidence Federal Jurisdiction First Amendment Government Immigration Intellectual Property Personal Injury Real Property Search & Seizure Supreme Court of Virginia Traffic U.S. District Court - Eastern District U.S. District Court - Western District Virginia Circuit Courts Virginia Court of Appeals Wills & Trusts

The circuit court correctly held that a homeowner’s breach of contract claims against his lender accrued when his debt was accelerated prior to foreclosure for statute of limitations purposes. Background In 2009, Dennis Kerns borrowed money from a mortgage lender ...

Tagged with: Banking Justice D. Arthur Kelsey Supreme Court of Virginia

A plaintiff allegedly trying to assume the loan obligations on a home owned by her late husband did not plausibly allege facts to support her breach-of-contract claims against the lender. The entity that conducted the foreclosure sale was dismissed as ...

Tagged with: Banking Contract Judge M. Hannah Lauck Mortgage Real Estate Real Property U.S. District Court - Eastern District