Category : Fraud & Misrepresentation

Construction & Renovation Fraud & Misrepresentation Property Inspections

Resolutions for Homeowners Dealing with Construction Defects

A good home  provides a safe, comfortable and enjoyable place to live. When a contractor makes mistakes in construction, renovation or repair, the owner or tenant has to live with those defects every day until the problem is resolved. The coming New Year is a good time for homeowners to prioritize addressing contractor defects. In […]

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Fraud & Misrepresentation Real Estate Agents

Crying Sham: Challenges to Character at Trial

On Aug. 12, 2014, I blogged about a judicial admission issue in the trial of Minter vs. Prosperity Mortgage, et al. Today’s post is Part Two in a series on this case. The following focuses on challenges to character at trial. The integrity of the parties lies near the heart of every trial. The classic […]

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Fraud & Misrepresentation Real Estate Agents

Admit One: Attorney Wins By Failing to Effectively Communicate to Jury

A complex case goes to trial. The parties, witnesses, jurors and lawyers endure weeks of frantic preparation, arguments and witness testimony. Near the end, the defense lawyer faces the jury to deliver his closing argument. He does not want to let his client down by failing to effectively communicate. However, while articulating his client’s position, […]

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Fraud & Misrepresentation Litigation

Attorneys Fees for Rescission of Contracts Obtained by Fraud

In lawsuits over real estate, attorney’s fees awards are a frequent topic of conversation. In Virginia, unless there is a statute or contract to the contrary, a court may not award attorney’s fees to the prevailing party. This general rule provides an incentive to the public to make reasonable efforts to conduct their own affairs […]

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Fraud & Misrepresentation

Mortgage Fraud Shifts Risk of Decrease in Value of Collateral in Sentencing

On March 5, 2014, I blogged about the oral argument before the U.S. Supreme Court in U.S. v. Benjamin Robers, a criminal mortgage fraud sentencing appeal. At stake was how Courts should credit the sale of distressed property in calculating restitution awards. The U.S. Court of Appeals for the Seventh Circuit interpreted the Mandatory Victims Restitution […]

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