VA: Foreclosure Purchasers Face New Potential Hurdle In Virginia

In Parrish v. Federal National Mortgage Association, the Virginia Supreme Court ruled 5-2 that when a defendant raises a bona fide question of the plaintiff’s title in an unlawful detainer/ejectment action before the General District Court, that court loses subject … Read More

Maryland Court of Special Appeals: When A Foreclosure Sale Is Challenged

foreclosure (1)Noting that “in mortgage foreclosure law, as elsewhere, society’s interest in finality and repose is a weighty one,” in Devan v. Bomar the Maryland Court of Special Appeals ruled against a homeowner and found that her post-sale foreclosure challenge was … Read More

D.C. Court of Appeals: TOPA Extensions Must Be Defined To Preserve Tenant Rights

TOPAIn an important new ruling construing the Tenants Opportunity to Purchase Act (“TOPA”), the D.C. Court of Appeals held on September 23, 2015, that extensions of the deadlines for a seller and a tenant association to negotiate a sales contract … Read More

Virginia Supreme Court Rejects Role of Juries in Title Insurance Bad Faith Claims

Virginia-Supreme-CourtIn a new opinion that merits review by anyone who underwrites title or defends title insurers in Virginia, a 6-1 majority of the Virginia Supreme Court held that Virginia Code sec. 38.2-209 requires that judges, not juries, make the determination … Read More

Conservation Lawsuit Revived—Whether Act Is Inconsistent With Another Law Does Not Deprive Court Of Jurisdiction

The Fourth Circuit again reversed dismissals under Rule 12(b) in Goldfarb v. Mayor and City Council of Baltimore, in a case regarding contamination claims brought under the Resource Conservation and Recovery Act, 42 USC sec. 6901, et seq. The … Read More