In lender’s action for indemnity against broker, the Richmond U.S. District Court says it lacks jurisdiction to include a Massachusetts closing attorney and title company the broker claims should be responsible for borrower’s fraud. In early 2007, lender and broker ...

Tagged with: Judge Henry E. Hudson Real Estate U.S. District Court - Eastern District

The Newport News U.S. district court says borrower cannot state a claim for relief against servicing lender for exercising its right to foreclose rather than grant another loan modification; 4th Circuit precedent establishes that the federal Home Affordable Modification Plan ...

Tagged with: Judge Raymond A. Jackson Real Estate U.S. District Court - Eastern District

In lender’s action to enforce indemnity provisions of its agreement with originator, the Richmond U.S. District Court denies originator’s motion to dismiss: the agreement terms do not require originator awareness of fraud when loan applications are submitted. A 2001 agreement ...

Tagged with: Judge Henry E. Hudson Real Estate U.S. District Court - Eastern District

Lawyers can find plenty of ways to stay out of a courtroom. Instead of the hand-to-hand combat of a trial before judge or jury, they can opt for some form of alternative dispute resolution. But the lure of the courtroom ...

Tagged with: Attorneys Fees Civil Procedure Discovery Employment Discrimination Fairfax County Circuit Court Federal Courts Law Firms Legal Malpractice Personal Injury Real Estate Richmond Circuit Court Sanctions Social Media Supreme Court of Virginia News

A homeowner’s contract action against the U.S. is not barred under the doctrine of res judicata by an earlier Consent Order in which plaintiff promised to stay current on his mortgage; the Richmond U.S. District Court denies the motion to ...

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

An Alexandria U.S. District Court dismisses with prejudice this suit filed by a homeowner facing foreclosure, who sued defendant bank and its servicing agent after plaintiff began receiving demands in 2011 for payment from the bank’s servicing agent on behalf ...

Tagged with: Judge James C. Cacheris Real Estate U.S. District Court - Eastern District

A woman who is suing defendant bank on a claim that it denied her a permanent loan modification under the Home Affordable Modification Program for which she allegedly qualified states claims for claim for breach of the duty of good ...

Tagged with: Judge Henry E. Hudson Real Estate U.S. District Court - Eastern District

A circuit court did not err in granting a property owner summary judgment to allow subdivision of her four lots into eight smaller lots, rejecting appellee’s claim that the subdivision violated the restrictive covenant against subdivision because it did not ...

Tagged with: Justice William C. Mims Real Estate Supreme Court of Virginia

A city seeking to use a strip of property for a beach replenishment project may petition for condemnation in an eminent domain proceeding and alternatively, claim ownership rights in the condemned property, the Supreme Court of Virginia upholds judgment for ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

A local ordinance authorized the city of Virginia Beach to bring a condemnation action against a condo association involving property used in a project to replenish Cape Henry Beach, and the Supreme Court of Virginia affirms the trial court decision ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia