Real Estate Law

Recent Posts

Federal Court Refuses To Dismiss Government’s Statutory Claims against Mortgage Originators That Allegedly Defrauded HUD
Posted on 15 Oct 2013 by Ballard Spahr LLP

A federal judge recently rejected motions to dismiss in a suit in which the U.S. government alleged that two mortgage originators and their officers defrauded the Department of Housing and Urban Development (HUD) into insuring risky mortgage loans. ... Read More

Even Fraud in the Inducement is Tough in Construction
Posted on 23 Jun 2014 by Christopher G. Hill

I have discussed how hard it is in the Commonwealth of Virginia to make out a claim for fraud when a construction contract is involved. On limited exception is where a claim for “fraud in the inducement” is involved. Essentially, such a claim... Read More

New Exemption Under ILSA For Condo Units: Relief For Developers, Key Points To Note
Posted on 13 Nov 2014 by DLA Piper

By Maxine Hicks , Brian A. Cohen , and Adam T. Berkoff President Barack Obama has signed into law an amendment, [ enhanced version available to subscribers ], to the Interstate Land Sales Full Disclosure Act of 1968 (ILSA). The new... Read More

Tags: ILSA , land , Fraud , Sales , condoimium

Fraud Mastermind Uses Straw Buyer To Pull Off $2.1 Million Mortgage Theft
Posted on 30 Oct 2014 by LexisNexis Legal Newsroom Staff

A six-count indictment has been filed in federal court charging Derryl L. Tanner and Julie A. Becker with engaging in a $2.1 million mortgage-fraud scheme. Tanner and Becker are accused of conspiring in 2006 to defraud several lending institutions related... Read More

HOLA Does Not Preempt Fraud Claims against Mortgage Loan Servicer, California District Court Rules
Posted on 19 Sep 2013 by Ballard Spahr LLP

The Southern District of California recently held that claims against a mortgage loan servicer are not preempted by the Home Owners Loan Act (HOLA) when they rely on "general allegations of misrepresentation" and are only "incidental"... Read More

Recent Construction Law Opinion Roundup
Posted on 25 Feb 2014 by Christopher G. Hill

We’re back to the more mundane, yet no less relevant, discussion of recent construction opinions here in Virginia. In the last quarter of 2013, the Virginia Circuit Courts in Norfolk and Richmond came out with opinions of interest to construction... Read More

Lender Allowed To Foreclose But Punished By Court For Violating Consumer Fraud Act
Posted on 16 Oct 2014 by Peter J. Gallagher

A New Jersey trial court has issued an interesting opinion, [ enhanced version available to subscribers ], allowing a lender to foreclose but imposing significant limitations on the lender because the court concluded that the lender had violated... Read More

More on Fraud, Opinions and Contracts
Posted on 11 May 2011 by Christopher G. Hill

Here at Construction Law Musings , I have discussed the interaction between fraud and contracts on many occasions . Recently, I got to put my advice into action. I am counsel for the plaintiff in the matter of Environmental Staffing Acquisition Corp.... Read More

Mortgage Meltdown Litigation Pays Hundreds Of Millions To Injured Plaintiffs
Posted on 9 Apr 2012 by LexisNexis Litigation Resource Community Staff

The economy seems to be heading at last into recovery territory, and the mortgage crisis that began in 2007 is starting to seem like old news. But the effects of the lax underwriting standards and other questionable loan practices that spawned the crisis... Read More

Construction Bonds - A Relatively Small Exception to Fraud and Contract Don’t Mix
Posted on 23 Jun 2015 by Christopher G. Hill

Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge... Read More

"Just One Victory" By Bank Over Todd Rundgren In Foreclosure Fight
Posted on 20 Aug 2014 by Peter J. Gallagher

Todd Rundgren is a well known musician, songwriter, and producer. Most of his hits came out in the 1970's and early 1980's and are therefore a bit before my time. However, he was thrust back into the limelight when Liv Tyler shot to fame in the... Read More

Struggling Homeowners Scammed By $1,995 Guaranteed Home Loan Modification Scheme
Posted on 28 Oct 2014 by LexisNexis Legal Newsroom Staff

In an elaborate loan-modification scheme, more than 90 homeowners struggling to make their mortgage payments have been defrauded out of at least $250,000. Robert Walker, who has been indicted on 21 counts of mail fraud and two counts of wire fraud, is... Read More

LexisNexis' 14th Annual Mortgage Fraud Report
Posted on 13 Jul 2012 by LexisNexis Real Estate Law Community Staff

This exclusive LexisNexis research report, the 14th Annual Mortgage Fraud Report, is available today! These annual reports examine the current composition of residential mortgage fraud and misrepresentation involving industry professionals in the United... Read More