Plaintiff class of borrowers who lost their RESPA suit against a bank and a real estate company for allegedly setting up a “sham” mortgage company for kickbacks on mortgage referrals, could not win a new trial by pointing to a ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge James A. Wynn Jr. Real Estate

Plaintiff borrowers who claim defendants, Fannie Mae and a mortgage loan servicer, did not comply with the mortgage modification agreement plaintiffs executed under the Home Affordable Modification Program lose their suit in the Richmond U.S. District Court for fraud and ...

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

A Norfolk U.S. District Court accepts a magistrate judge’s recommendation to allow plaintiff homeowner to proceed with her breach of contract claim alleging defendant failed to conduct a face-to-face interview prior to foreclosing on her property; the court rejects defendant’s ...

Tagged with: Judge Lawrence R. Leonard Judge Rebecca Beach Smith Real Estate U.S. District Court - Eastern District

An option clause in a real estate contract allowing the seller either to pursue actual damages or to seek liquidated damages cannot stand, a Fairfax Circuit judge has ruled in a case of first impression. The option undercuts the purpose ...

Tagged with: Contract Fairfax County Circuit Court Judge Charles James Maxfield Real Estate

The purchaser of a loan in a reverse mortgage transaction was not a “mortgage broker” under the Maryland Finder’s Fee Act, and plaintiff borrower cannot recover from the purchaser for allegedly violating the Act by funding the loan under a ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Real Estate

Home buyers who paid a fee to a mortgage company co-owned by defendants, a real estate company and a bank, are not entitled to a refund of the fee as a “finder’s fee” under the Maryland Finder’s Fee Act; the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Real Estate

Plaintiff owners of land in Buchanan County, including natural gas reserves and coal bed methane, may amend their complaint against defendant mining company for alleged damage to plaintiffs’ property by causing polluted water to be “secretly placed” in underground mine ...

Tagged with: Judge James P. Jones Real Estate U.S. District Court - Western District

Plaintiffs, who lost their home to foreclosure, may not sue defendant Beneficial Financial I Inc. for breach of the implied covenant of good faith and fair dealing, but the Roanoke U.S. District Court grants plaintiffs leave to amend their claim ...

Tagged with: Judge Glen E. Conrad Real Estate U.S. District Court - Western District

In this dispute over whether an expansion of activities related to defendant’s vineyard, to include making and selling bread and cheese from a “farm building” on the property, violates a Conservation Easement, the Loudoun Circuit Court says plaintiff wetlands trust ...

Tagged with: Judge Burke McCahill Loudoun County Circuit Court Real Estate Virginia Circuit Courts

Plaintiffs who seek to avoid foreclosure on their real estate after they defaulted on their loan see their complaint for injunctive relief and alleging fraud, trespass and/or breach of contract dismissed by the Richmond U.S. District Court. At most, the ...

Tagged with: Judge James R. Spencer Real Estate U.S. District Court - Eastern District