Author Archives: John Colby Cowherd

John Colby Cowherd Visit Website
Attorney protecting the rights of Virginia & D.C. property owners. Cowherd PLC (703) 884-2894
Estate Planning

Virginia First Time Home Buyer Savings Plans

Amassing 10 to 20 percent of a purchase price for a down payment is a steep barrier to home ownership for first time home buyers. The Washington Post reports that real estate agents see a steady decline in first-time and young home buyers in the market. This year, the Virginia General Assembly created a new estate […]

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Landlord-Tenant Soft Skills

The California Nanny and Mediating Legal Disputes Through the Media

Marcella and Ralph Bracamonte brought Diane Stretton into their Upland, California home to provide childcare services in exchange for room and board. Ms. Stretton and the Bracamontes got into a dispute over their arrangement. Ms. Stretton stopped working and refuses to move out. Why is this story national news? The answer illustrates some pitfalls of […]

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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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Foreclosures

Contesting Foreclosure In Bankruptcy Court

Can a homeowner block a foreclosure by filing for bankruptcy protection immediately after the bank-appointed trustee auctions the property? On June 2, 2014, a bankruptcy court judge ruled that Rachel Ulrey’s Roanoke property was not excluded from the bankruptcy estate because the foreclosure trustee completed the memorandum of sale prior to the court filing. The […]

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Construction & Renovation

Engineer Personal Liability: Signed, Sealed & Delivered?

  An engineer must obtain and maintain a Professional Engineer’s license from the APELSCIDLA Board to practice in the Commonwealth of Virginia. Pursuant to professional regulations, when an engineer, or other design professional, completes a set of drawings, he affixes his professional seal with the date and signature. His seal displays his professional license number. This […]

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