Recent Virginia Case Updates
Supreme Court of Virginia holds that Borrower stated a claim against foreclosure trustee for breach of duty of impartiality , where property was sold at a grossly inadequate price, at a disproportionate expense to the Borrower, given that the lender’s loan was paid in full.
The Supreme Court of Virginia held that a deed’s legal description referring to a boundary road, includes title to the center line of the road, unless a contrary intent is shown. A description of the square footage of the property that excluded the area of the road did not show a contrary intent, because square footage is the least certain mode of describing land, which must yield to a description by boundaries and distances.
The Supreme Court of Virginia holds that Virginia law does not permit a court to modify a confessed judgment over the objection of the creditor, absent a trial.
Supreme Court of Virginia clarifies the jurisdiction and power of the Commissioner of Accounts, explaining that “[a] commissioner’s authority to assist the circuit court with the settlement of estates is simply an extension of the circuit court’s subject matter jurisdiction to administer estates.”