The parties’ commercial lease for a wireless services store contains a valid liquidated damages clause calling for the balance of rent due under the term of the lease, which is not unconscionable under the controlling Maryland law; the Fairfax Circuit ...

Tagged with: Fairfax County Circuit Court Judge Jan L. Brodie Real Estate Virginia Circuit Courts

In this dispute over a contract for the sale of real estate with multiple owners, the owners’ Operating Agreements are ambiguous because one provision states 51 percent of the members must agree to sell, and another provision says it takes ...

Tagged with: Fairfax County Circuit Court Judge Jonathan C. Thacher Real Estate Virginia Circuit Courts

Although defendant bank provided 29 days’ notice of intent to accelerate plaintiff homeowners’ loan, instead of the required 30 days, the Richmond U.S. District Court will not dismiss plaintiffs’ claim for breach of contract, or their claim for actual fraud, ...

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

This was a breach of fiduciary duty, fraud and piercing the corporate veil suit by a hotel development company to recover an escrow deposit from a real estate brokerage firm that failed to return it. U.S. District Judge Liam O’Grady ...

Tagged with: Federal Courts Fraud Judge Liam O'Grady Real Estate

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