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Tag Archives: Real Estate

Lienholders can partially subordinate by contract (access required)

Mortgagee Wells Fargo could subordinate its first-priority lien to its third-priority lien on secured property, without thereby moving the second-priority lien to first position, the court held. Defendant Milton H. Cortez obtained two loans to purchase a home in 2005. ...

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“Original purchase price” included improvements (access required)

Defendant Virginia Department of Transportation properly offered reconveyance of acquired property at the price paid for land and improvements, even though it had removed the improvements in the interim, the court held. Plaintiff David Kalergis owned a 55-acre farm in ...

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Mortgages – Foreclosure – Quiet Title – Unfair Debt Collection Practices (access required)

Eggiman v. Ventures Trust 2013-I-H-R (VLW No. 017-3-449, 8 pp.)(Hilton, J.) 1:16-cv-01579; E.D. Va. Holding:  Where plaintiff property owner fails to allege that he had superior title through satisfaction of his loan obligations, he fails to state a quiet title ...

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Estate – Foreclosure – Motion for Preliminary Injunction – Standing (access required)

The Estate of Martha Dawson, et al., v. Ditech Financial, LLC, et al. (VLW 017-3-425, 7pp.) (Robert G. Doumar, S.J.) 4:17-cv-93; E.D.V. Holding: The Real Estate Settlement Procedures Act, as well as the express terms of the deceased’s property deed ...

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Trespass Claims Barred by Earlier Suit (access required)

Landowners suing VEPCO and T-Mobile for trespass, unjust enrichment and ejectment for installation of cellular telephone equipment, property damage and overburdening of VEPCO’s easement cannot pursue most of their claims, says a Norfolk Circuit Court, as the claims are barred ...

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