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No private right of action under Fair Credit Act claim
Where the plaintiffs alleged a bank violated § 1681s-2(a) of the Fair Credit Reporting Act by supplying information known to be incorrect to a credit reporting agency, the claim was dismissed because there is no private right of action under that section of the law. Background Melvin and Linda McCauley filed this action against Ally […]
National Elks group gets disputed funds
Where a dispute arose between the Elks Grand Lodge and a local lodge over $666,090 deposited with a bank, the funds were awarded to the national group after the local lodge failed to file an answer or respond to the action. Background This is an interpleader action filed by Skyline National Bank seeking to resolve […]
Face-to-face meeting wasn’t required prior to foreclosure
A homeowner who claimed the bank was required to hold a face-to-face meeting before foreclosing on her home had her suit dismissed. The meeting requirement applies only if the bank has a branch within 200 miles of the property, and the homeowner conceded there was no bank branch within 200 miles at the time of […]
Valid appointment of substitute trustee dooms foreclosure challenge
Where a borrower claims she did not retain counsel because she relied on a bank representative that foreclosure of her home was “on hold,” and that a lawyer would have challenged the validity of the appointment of the substitute trustee who proceeded with the foreclosure, a court previously found the trustee’s appointment was valid and […]
Homeowner’s lack of diligence dooms suit over foreclosure
Where a homeowner argued her failure to timely file her claim that the bank wrongfully foreclosed on her home should be excused because she did not discover the allegedly fraudulent statements at the time they were made, and where the record showed she failed to exercise due diligence, her claim was barred by the statute […]
Claims narrowed in foreclosure suit
A homeowner alleging various claims against financial institutions arising out of the foreclosure of her home failed to have the case remanded to commonwealth court. Instead, one defendant was dismissed, and the claims against the other defendant were dismissed with leave to replead two of the counts. Background This matter comes before the court on […]
Customers’ overdraft fees claim goes forward
Customers alleging that their bank’s imposition of overdraft fees violated the deposit agreement asserted facts suggesting the deposit agreement was ambiguous and that the bank exercised its contractual discretion in bad faith. The breach of contract claim survived the motion to dismiss. Background Marty Hinton and Gennifer Townsley have checking accounts with Atlantic Union Bank. […]
Bank loses bid for remand of detainer action
Where the homeowner timely removed a lawsuit seeking to take possession of real property she formerly owned, there was complete diversity between the parties and the property was valued at more than $75,000, the bank’s motion to remand was denied. Background This is a dispute over a house in Basye. Plaintiff, U.S. Bank Trust National […]
Mortgagee lacks standing to challenge assignment
Although the Virginia Supreme Court has never “squarely” addressed whether a borrower lacks standing to challenge the securitization and assignment of his home mortgage, the court’s numerous decisions support that conclusion. Background In 2003, Timothy P. Flinn, a Virginia resident, entered into a mortgage that was evidenced by a note and secured by a deed […]
Homeowner has no right to loan modification
Although the homeowner appeared to allege he should have been granted a loan modification because he satisfied all of the criteria, he failed to identify any contract language or statement that would impose such an obligation. Background Ern Reynolds filed his complaint in this court on Nov. 29, 2019, asserting claims of breach of contract, […]
‘Speculative’ allegations result in dismissal of fraud claim
A borrower who failed to allege full compliance with Wells Fargo’s alleged representations about refinancing could not assert a claim for fraud because her failures rendered the falsity of Wells Fargo’s representations speculative. Background Denise M. Barnette originally brought this action in the Circuit Court against Wells Fargo Bank N.A. and two related defendants, seeking […]
Bank sued for ERISA violations
The lawsuit adequately alleged the defendants obtained a valuation by fraudulently omitting information provided to an investment bank and failed to disclose loans. The complaint also sufficiently pleaded facts that plausibly showed Virginia Community Bank, or VCB, and an individual were fiduciaries under the Employee Retirement Income Security Act. Background Janice A. Moore filed a […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
