In late 2008, VLW reported that legal aid lawyers were organizing to fend off foreclosures. With one in every 608 Virginia households hit with a foreclosure filing in August, there’s plenty of work for private practitioners too. Fighting a foreclosure ...

Tagged with: Consumer Protection Federal Courts Real Estate

Richmond lawyer Henry McLaughlin has a series of cases pending in the 4th U.S. Circuit Court of Appeals that raise issues under the Truth in Lending Act: • Stuart v. LaSalle Bank N.A., No. 10-1446. Appeal docketed 4/20/10; trial court ...

Tagged with: Consumer Protection Federal Courts Real Estate

Bexley Association, a subdivision association in Chesterfield County, cannot enforce a restrictive covenant against an owner who had no notice and never agreed to buy into a homeowners association or to incur fees prior to purchasing his property, says a ...

Tagged with: Chesterfield County Circuit Court Judge Herbert C. Gill Real Estate Virginia Circuit Courts

Plaintiffs’ bare assertion that they did not receive the required number of copies of a Truth in Lending Disclosure Statement when they refinanced their home is not enough to rebut the presumption that they received the necessary disclosures, and a ...

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

A borrower cannot avoid foreclosure on his property with arguments that the entities seeking to foreclose do not have the necessary authority, according to the Alexandria U.S. District Court. Plaintiffs’ assertions that none of the defendants “has authority under the ...

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

Finding that “numerous other judges in this court have already addressed the exact same legal issues in thorough memorandum opinions and orders,” an Alexandria U.S. District Court orders judgment for defendants in their effort to foreclose on plaintiff’s property. Specifically, ...

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

A borrower who sues under the Fair Debt Collection Practices Act and to quiet title in his home, which has been foreclosed upon, should not be allowed to file an amended complaint, recommends a magistrate judge for the Alexandria U.S. ...

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

When a Campbell County landfill was found responsible for groundwater pollution at a Rustburg mobile home park, a jury was asked to fix the damages the county owed to the landowners. The jury’s $9-million award is the subject of an ...

Tagged with: Real Estate

Reverse mortgages have been a standard item in the toolbox for Fairfax elder law specialist Evan Farr. A reverse mortgage, which pays cash for an older person’s home equity, can allow her to stay where she most wants to be ...

Tagged with: Elder Law Real Estate

A woman who alleges “predatory lending practices” because her second refinancing with defendant led to higher interest rates and “exorbitant” fees can sue under the Virginia Mortgage Lender Act and for breach of contract and misrepresentations that allegedly violated the ...

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