A Lynchburg U.S. District Court grants defendant bank’s motion to dismiss a fraud action filed by a borrower who lost his home to foreclosure. Plaintiff claims he did not receive the bank’s notice that he had not been approved for ...

Tagged with: Creditor's Rights Judge Norman K. Moon U.S. District Court - Western District

Although wife did not sign loan documents on a mortgage refinance, the Fairfax Circuit Court says the property owners are not entitled to a windfall for this omission and plaintiff bank wins relief under theories of constructive trust and equitable ...

Tagged with: Creditor's Rights Fairfax County Circuit Court Judge Jane Marum Roush Virginia Circuit Courts

A Fairfax Circuit Court rejects plaintiff defaulting borrowers’ “show me the note” challenge to foreclosure on their property, and says they may not amend their declaratory judgment and breach of fiduciary claims yet again. In this “show me the note” ...

Tagged with: Creditor's Rights Fairfax County Circuit Court Judge Jonathan C. Thacher Virginia Circuit Courts

An Alexandria U.S. District Court grants garnishee Osage Indian Agency’s motion to quash a garnishment summons a creditor obtained in Virginia state court to collect on a $63,565 judgment from debtor’s mineral “headright”; the creditor filed her summons against the ...

Tagged with: Creditor's Rights Judge James C. Cacheris U.S. District Court - Eastern District

A military reservist ordered to active duty who lost the hardware store she and her husband had purchased, cannot collect money damages under the Servicemembers Civil Relief Act for a bank’s foreclosure on their business loan and sale of corporate ...

Tagged with: Creditor's Rights Judge John A. Gibney Jr. U.S. District Court - Eastern District

Plaintiff lender is entitled to a deficiency judgment after foreclosure on real estate that secured a commercial loan, and the Richmond Circuit Court rejects defendant guarantors’ contention that their additional payments after default cured the default, which is not the ...

Tagged with: Creditor's Rights Judge Melvin R. Hughes Jr. Richmond Circuit Court Virginia Circuit Courts

Although a couple’s golfing buddy personally signed the original promissory notes he gave to the couple on loans, his contract for a novation given after the couple lost the original notes indicated debtor signed on behalf of his insurance company, ...

Tagged with: Creditor's Rights Judge Robert P. Doherty Jr. Virginia Circuit Courts

Lawyers for plaintiff business win $537,686 in fees and costs in this commercial case in which they obtained a $6 million judgment for their client, despite defendant’s “antics and unreasonable litigation conduct,” in this decision from Alexandria U.S. District Court. ...

Tagged with: Creditor's Rights Judge Anthony J. Trenga U.S. District Court - Eastern District

The Virginia Supreme Court says a circuit court did not err in imposing a constructive trust on funds removed from the operating account of a management company for a local housing authority, by a secured creditor with a perfected security ...

Tagged with: Creditor's Rights Justice S. Bernard Goodwyn Supreme Court of Virginia

Under the controlling Ohio law, a Note that gives the lender an “option” to take an equity interest in the borrower does not make the equity interest an exclusive remedy for the lender, and the Roanoke U.S. District Court refuses ...

Tagged with: Creditor's Rights Judge Michael F. Urbanski U.S. District Court - Western District