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The filing of a lis pendens is entitled to absolute privilege as to defamation tort claims, explained the Supreme Court of Virginia. Elaborating on the scope of the privilege, the Court expressly declined to extend the doctrine to non-defamation claims. “Absolute privilege does not apply to non-defamation torts in Virginia, specifically including malicious abuse of process, tortious interference with contractual relations, and civil conspiracy.”
The Supreme Court of Virginia upheld the dismissal of a post-foreclosure-sale challenge by a Borrower who asserted that the Lender failed to provide her reinstatement figures, holding that the Borrower failed to articulate an injury, since she failed to claim that she had the ability to cure the default.
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.
