Legal Opinion

Walker v. Virginia Housing Development Authority

Roanoke County Circuit Court

Decided November 5, 2003No. Case No. CH03-253Published

1Opinion of the Court

By Judge Charles N. Dorsey

This matter is before the Court upon demurrer filed by the defendants. The question, therefore, becomes whether Plaintiffs have alleged sufficient facts to support their suit to set aside the foreclosure of their property. They claim the foreclosure was insufficient on two grounds: (1) the named trustee in the deed of trust did not personally appear at the foreclosure sale in accordance with the common law rule, and (2) the sale price at foreclosure was inadequate.

Facts

The Plaintiffs own certain real property in the City of Roanoke. They had previously attempted to…

2Cases cited9 opinions

  1. Hubbard v. Henrico Ltd. PartnershipSupreme Court of Virginia · 1998
  2. Mitchem v. CountsSupreme Court of Virginia · 2000
  3. Esteban v. CommonwealthSupreme Court of Virginia · 2003
  4. Commonwealth v. BruhnSupreme Court of Virginia · 2002
  5. Cromer v. DeJarnetteSupreme Court of Virginia · 1949

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