Legal Opinion

Deep v. Rose

Supreme Court of Virginia

Decided January 15, 1988No. Record 841207 and 841609PublishedCited by 15 opinions

1Opinion of the CourtRussell, J.

A trustee under a deed of trust on real estate foreclosed after advertising the sale in a manner which failed to comply with the requirements of Code § 55-59.2. The dispositive question in this appeal is whether that failure rendered the sale void, or merely voidable.

Hermitage Square Limited Partnership (Hermitage) was formed in July 1979 to acquire a two-acre parcel of land in Henrico County and to develop a 29-unit rental apartment project. The general partners were J. Edward Seay, Jr., & Associates, Inc., Mary K. Farrell, and C. Edward Rose, Jr. (collectively, Seay). Hermitage acquired the…

2Cases cited11 opinions

  1. Gloucester Realty Corp. v. GuthrieSupreme Court of Virginia · 1944
  2. Wilson v. WallSupreme Court of Virginia · 1901
  3. Smith v. WoodwardSupreme Court of Virginia · 1918
  4. Preston v. JohnsonSupreme Court of Virginia · 1906
  5. First Funding Corp. v. BirgeSupreme Court of Virginia · 1979

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3Cited by15 opinions

  1. Bank of Am., N.A. v. SFR Invs. Pool 1, LLCNevada Supreme Court · 2018
  2. Virginia Housing Development Authority v. Fox Run Ltd. PartnershipSupreme Court of Virginia · 1998
  3. In re Trustee's Sale of the Property of BrownNorfolk County Circuit Court · 2005
  4. United States v. Smith (In re Smith)District Court, E.D. Virginia · 1989
  5. Centennial Ashburn Business Park Associates, L.P. v. Providence Savings & Loan Ass'n, F.A.Loudoun County Circuit Court · 1990

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