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Tag Archives: Real Estate

Actual fraud claim survives demurrer (access required)

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 ...

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Wife, whose breach of PSA was contempt, must pay fees (access required)

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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. ...

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Va. Cir.: Special warranty conveyance preserves interest in condos (access required)

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 ...

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EDVA: Widow’s foreclosure claims don’t show breach of contract (access required)

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 ...

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EDVA: FDCPA claim viable against lender, servicer (access required)

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 ...

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