A cable provider’s exclusive contract to provide cable services to a real estate development violated an FCC order that prohibited such exclusivity arrangements, and the 4th Circuit affirms judgment for the homeowners’ association that successfully challenged the contract. Codified at ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Real Estate

A Charlottesville U.S. District Court says that because the Fair Debt Collection Practices Act is not incorporated into the terms of the Deed of Trust, a violation of the FDCPA cannot support a claim for breach of that agreement, and ...

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

An architectural firm hired to provide design services for the proposed National Slavery Museum cannot enforce a judgment lien on property owned by the museum in Fredericksburg; the Richmond U.S. District Court says there is no controversy ripe to support ...

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

A plaintiff who defaulted on her home loan and complained about an inflated appraisal, unfair loan terms and a rushed loan closing may sue the lender for fraud under state law, as that claim is not preempted by the federal ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allyson K. Duncan Real Estate

Although a lender that refinanced a mortgage on property owned by husband and wife as tenants by entirety neglected to get wife’s signature on the refinance loan, the Hanover County Circuit Court imposes a constructive trust on wife’s interest in ...

Tagged with: Hanover County Circuit Court Judge J. Overton Harris Real Estate Virginia Circuit Courts

A lender who won summary judgment ordering the borrower to pay $672,349 on a defaulted loan on investment property also is entitled to attorney’s fees of $99,094 and costs of $152,530; the Alexandria U.S. District Court denies the borrower’s request ...

Tagged with: Judge Leonie Brinkema Real Estate U.S. District Court - Eastern District

In this dispute over a developer’s alternative plans to provide water and sewer service to a proposed development after the localities changed plans to share that responsibility, a Loudoun County Circuit Court orders limited declaratory relief and holds that a ...

Tagged with: Judge Thomas D. Horne Loudoun County Circuit Court Real Estate Virginia Circuit Courts

Although a trial court said a real estate developer did not have to pay an extra $4,000 per subdivision unit as part of its “proffer” under the prior owner’s agreement with the county, the developer was not entitled to restitution ...

Tagged with: Justice Elizabeth A. McClanahan Real Estate Supreme Court of Virginia

The Richmond U.S. District Court allows foreclosed borrowers’ action to proceed against lender on allegations lender breached deed of trust conditions requiring compliance with a federal regulation requiring a personal face-to-face interview; borrower’s other claims are dismissed. In October 2008, ...

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

Homeowners associations in Virginia – and their lawyers – are taking a close look at how they enforce rules and charges after a series of adverse court decisions and the prominent bankruptcy of one Fairfax County community association. The cases ...

Tagged with: Fairfax County Circuit Court Judge Jonathan C. Thacher Real Estate Supreme Court of Virginia News