Legal Opinion

Koz v. Wells Fargo Home Mortgage

Fairfax County Circuit Court

Decided June 9, 2011No. Case No. CL-2010-17795PublishedCited by 1 opinion

1Opinion of the Court

By Judge Charles J. Maxfield

Defendant CitiMortgage, Inc. (“CitiMortgage”) demurs to Plaintiff’s demand for punitive damages and attorneys’ fees. Following briefing and oral argument by the parties, the case was taken under advisement. For the reasons that follow, the demurrer is sustained.

Background

For the purpose of this motion, the following facts are assumed proven. Joseph and Ann Koz owned a property in Alexandria as tenants by the entirety. Mr. Koz died in April 2010 and, by operation of law, the property passed to Mrs. Koz. Before his death and while estranged, Mr. Koz refinanced the…

2Cases cited24 opinions

  1. TXO Production Corp. v. Alliance Resources Corp.West Virginia Supreme Court · 1992
  2. Prospect Development Co. v. BershaderSupreme Court of Virginia · 1999
  3. Richmond Redevelopment & Housing Authority v. Laburnum Construction Corp.Supreme Court of Virginia · 1954
  4. Cox Cable Hampton Roads, Inc. v. City of NorfolkSupreme Court of Virginia · 1991
  5. Caudill v. Wise Rambler, Inc.Supreme Court of Virginia · 1969

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3Cited by1 opinion

  1. Yerion v. Branch Banking & Trust Co.District Court, E.D. Virginia · 2014

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