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Tag Archives: Real Estate

EDVA: Party thwarting jurisdiction not “fraudulently joined” (access required)

Because the plaintiff stated a claim against the only defendant to share her citizenship – the substitute trustee that executed foreclosure on her home – the court lacked diversity jurisdiction, and remand to state court was required. Background Plaintiff Norma ...

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SCV: “Infinity” value made formula unenforceable (access required)

A property sales agreement, which set forth a mathematical formula for apportioning increases to local development-density rights between the property owners, was rendered impossible to calculate when the county removed the density limit entirely. Background In 2000, Appellant WG Land ...

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Va. Cir.: Voluntary payment defeats fee challenge (access required)

A borrower who paid what she considered unreasonable attorneys’ fees to her noteholder, in anticipation of her impending sale of the property securing the note, could not recover fees she had paid voluntarily. To the extent the borrower argued that ...

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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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