Default Judgment on $17.8M Debt
A Charlottesville U.S. District Court enters default judgment for plaintiff bank for a borrower’s default under the terms of three promissory notes and awards damages of at least $17.8 million, but the...
View ArticleGarnishment of Pa. Doc’s Wages Quashed
A Danville U.S. District Court grants debtor doctor’s motion to quash a garnishment summons to pay creditor Virginia hospital a Pennsylvania resident doctor’s wages paid by an Ohio company; debtor’s...
View ArticleCourt Awards ‘Reasonable’ Fee, Not Contract Fee
An inventory financing company that provides floor plan financing for used car dealers, and that won summary judgment against the guarantors of promissory notes for several Northern Virginia dealers,...
View ArticleFloor-Plan Financer Wins Against Guarantors
Plaintiff Automotive Finance Corporation, which arranges floor-plan financing for several Northern Virginia used car dealers, wins summary judgment in an Alexandria U.S. District Court against...
View Article‘Show Me the Note’ Claim Fails Again
A Fairfax Circuit Court rejects plaintiff defaulting borrowers’ “show me the note” challenge to foreclosure on their property, and says they may not amend their declaratory judgment and breach of...
View ArticleBank Wins Constructive Trust
Although wife did not sign loan documents on a mortgage refinance, the Fairfax Circuit Court says the property owners are not entitled to a windfall for this omission and plaintiff bank wins relief...
View ArticleNo Fraud Claim for Loan Application Notice
A Lynchburg U.S. District Court grants defendant bank’s motion to dismiss a fraud action filed by a borrower who lost his home to foreclosure. Plaintiff claims he did not receive the bank’s notice that...
View ArticleBroker’s Bad Faith Counterclaim Proceeds
The Richmond U.S. District Court denies mortgage lender’s motion to dismiss broker’s counterclaim seeking damages and attorney’s fees for breach of the implied duty of good faith and fair dealing;...
View ArticleCollections ‘best practices’ adopted
Stricter requirements for collections lawsuits by so-called “debt buyers” are spreading in Virginia. A set of “best practices” adopted by Fairfax County general district judges three years ago to...
View ArticleRestitution Has Priority Over Attorney’s Fees
A law firm that won $30,000 compensatory and $15,000 punitive damages in their client’s suit alleging he was defamed as a dog trainer by allegations of animal cruelty, as well as an award of $79,786.42...
View ArticleNo Attorney’s Fees for Banks’ Tort Defense
An Alexandria U.S. District Court says although the parties’ loan documents allow a bank to collect attorney’s fees for expenses “incurred to enforce” the loan documents, the documents’ fee-shifting...
View ArticleNo ‘Mutual Mistake’ to Protect Guarantors
In plaintiff bank’s suit to collect from five guarantors on a note for a Chesapeake hotel’s $5.1 million loan secured by the hotel, the Norfolk U.S. District Court grants summary judgment to the bank...
View ArticleGuarantors’ Dec Action Against Bank Time-Barred
A hotel company and three guarantors on loans for three parcels in Fredericksburg waited too long to bring their fraud claims based on loan documents including a swap agreement that let plaintiffs...
View ArticleGuarantors Liable for Promised Rent Payments
Plaintiff lender wins summary judgment against defendant guarantors on loans to develop a retail site in the Richmond area; once the borrower defaulted on its loan payments, it owed plaintiff the...
View ArticleGuarantors’ Lease Obligations Disputed
A Fairfax Circuit Court overrules demurrers in this suit against an orthopedic practice group in this dispute over a lease guaranty. There is in this case a material dispute of fact apparent from the...
View ArticleNo Equitable Subrogation of U.S. Lien
Plaintiff Deutsche Bank, assignee of an IndyMac loan, is not entitled to obtain priority over a government lien to satisfy a judgment of restitution against the mortgage borrower, which was recorded in...
View ArticleNote Assignee Enforces Guaranty for $3.2M
A Roanoke U.S. District Court grants summary judgment to plaintiff bank enforcing a guaranty on a $3.2 million commercial loan, finding defendants liable for damages of $3,275,971.51, which includes an...
View ArticleLoan Guarantors Owe Rent, Amount Uncertain
In a suit filed by plaintiff company to recover rent payments defendants allegedly guaranteed under a loan from Lehman Brothers Bank FSB used to finance a Roanoke retail site that plaintiff purchased...
View ArticleDefault Judgment, Fees Awarded in Detinue Action
Plaintiff bank is entitled to default judgment against defendant entities that operated pizza restaurants, in the bank’s action for breach of an agreement, breach of a guaranty agreement and for an...
View ArticleWife Waived ECOA Claim After Default
Although defendant bank may well have violated the Equal Credit Opportunity Act by requiring plaintiff wife to sign as an unlimited guarantor without first determining that her husband was not...
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