In this dispute over payment of an alleged rent increase, defendant had ample opportunity to raise a defense of partial want of consideration, and the Norfolk Circuit Court says the defense has been waived and enters judgment for plaintiff on ...

Tagged with: Judge Everett A. Martin Jr. Norfolk Circuit Court Real Estate Virginia Circuit Courts

Because defendant owners of shoreline property on Smith Mountain Lake expanded certain pre-existing boat docks, constructed new structures on their property and added fill to portions of the property that resulted in elevation changes, without the required approval of plaintiff ...

Tagged with: Judge Michael F. Urbanski Real Estate U.S. District Court - Western District

In this litigation involving a nursing home lease, assignment of lease and nonpayment of rent, in which plaintiff lessor won an award of $2.75 million in damages for defendant’s breach of the lease and abandonment of the facility, the Lynchburg ...

Tagged with: Judge Norman K. Moon Real Estate U.S. District Court - Western District

The Richmond U.S. District Court denies reconsideration of plaintiff’s fraud action seeking to overturn foreclosure of his property, as his claim against the lenders is barred by claim preclusion based on related state court litigation. Plaintiffs now argue that claim ...

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

A plaintiff’s suit for $95,000 in damages against a credit corporation that allegedly failed to file a certificate of satisfaction formally extinguishing a deed of trust the corporation held on plaintiff’s residence in 2004 is dismissed by the Alexandria U.S. ...

Tagged with: Judge Claude M. Hilton Real Estate U.S. District Court - Eastern District

A plaintiff who alleges she lost her career as a real estate agent and her home through foreclosure cannot sue defendant Bank of America for breach of an oral contract based on an alleged promise to her, when she sought ...

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

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