Va. Holds Trustee’s Fiduciary Duty May Be Breached Where Foreclosure Sale Price Grossly Inadequate

Va. Holds Trustee’s Fiduciary Duty May Be Breached Where Foreclosure Sale Price Grossly Inadequate

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. 

Va. holds deed's description of property based upon boundary road includes title to the center line.

Va. holds deed's description of property based upon boundary road includes title to the center line.

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.

D.C. holds Foreclosure of Super-Priority Condo Lien Extinguishes First Mortgage

D.C. holds Foreclosure of Super-Priority Condo Lien Extinguishes First Mortgage

D.C. Court of Appeals holds that under pre-2017 law, a condominium association could not foreclose its lien subject to a first-position deed of trust, where part of the lien enjoyed super-priority, and the remainder being inferior to the deed of trust.