Where defendant did not reconvey property to plaintiff as agreed, plaintiff’s allegation that defendant never intended to do so sufficiently states a claim for actual fraud but not constructive fraud. Facts Plaintiff Gutterman purchased residential real estate for $93,500 without ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Circuit Courts

Where a zoning administrator cited petitioners for violating the Fairfax County zoning ordinance because they made occasional online rentals of their residence, the Board of  Zoning Appeals erred by upholding the citation. The abode at issue is used more or ...

Tagged with: Fairfax County Circuit Court Judge Dontae L. Bugg Real Estate Virginia Circuit Courts

BY CORREY E. STEPHENSON BridgeTower Media Newswires Overruling 22 years of precedent, the en banc 4th U.S. Circuit Court of Appeals has ruled that Chapter 13 debtors may divide some undersecured home mortgage loans into secured and unsecured claims and ...

Tagged with: 4th U.S. Circuit Court of Appeals News Bankruptcy Real Estate

A judge has allowed a lawsuit to move forward against owners and a rental agent who allegedly balked at renting a home to a large family. The owners reportedly sought extra rent when they learned a family of nine was ...

Tagged with: Housing Judge Jeanette A. Irby Loudoun County Circuit Court Real Estate

A wife who breached two sections of the couple’s property settlement agreement was properly held in civil contempt, the Virginia Court of Appeals has held. And under the PSA, she must pay her ex-husband’s attorneys’ fees for enforcing the agreement. ...

Tagged with: Contempt Judge Wesley G. Russell Jr. Real Estate Virginia Court of Appeals News

A temporary injunction to block demolition of an arson-damaged house in a historic district is denied. Although irreparable injury will occur because the structure cannot be replaced if demolished, the risk of public harm caused by the house’s dilapidated condition ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Court of Appeals

Because nothing in the deed evidenced a contrary intent, the plaintiff had a right to the disputed portion of a road by operation of law. Background This case arises from a boundary dispute between Philip P. Ettinger and Oyster Bay ...

Tagged with: Justice William C. Mims Real Estate Supreme Court of Virginia

A condo developer successfully petitioned to invalidate a subcontractor’s mechanic’s lien on the individual condos after the general contractor reportedly went bankrupt. Though it had sold all the condos, the developer had standing to bring the petition by virtue of ...

Tagged with: Construction Judge Jeanette A. Irby Loudoun County Circuit Court Real Estate Real Property Virginia Circuit Courts

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

Despite skepticism about a plaintiff-debtor’s ultimate chances, the court declined to dismiss his Fair Debt Collection Practices Act claim alleging that his mortgage lender and loan servicer intentionally lied to him about whether a home foreclosure was scheduled. Background In ...

Tagged with: Consumer Reporting Judge John A. Gibney Jr. Mortgage Real Estate Real Property U.S. District Court - Eastern District