Legal Opinion

Wilburn v. Pinewood Lawns Condominium Phase I Council of Co-Owners

Fairfax County Circuit Court

Decided August 12, 2004No. Case No. (Chancery) 180106Published

1Opinion of the Court

By Judge Robert W. Wooldridge, Jr.

This matter was before me on the Petition to Set Aside a Nonjudicial Foreclosure Sale of a Condominium Unit pursuant to § 55-79.84 of the Condominium Act. For the reasons discussed below, I grant the petition.

The Petitioners, Jerry E. Wilburn and Elizabeth M. Wilburn, were the owners of a condominium unit known as 8401 Huerta Court # 172, Alexandria, Virginia 22309. On September 29, 2000, the Defendant Pinewood Lawns Condominium, Phase I Council of Co-Owners (“ Co-Owners” ) filed with the clerk’s office for the Fairfax County Circuit Court a memorandum of…

2Cases cited3 opinions

  1. Wills v. Chesapeake Western Railway Co.Supreme Court of Virginia · 1941
  2. Board of Directors of the Colchester Towne Condominium Council of Co-Owners v. Wachovia Bank, N.A.Supreme Court of Virginia · 2003
  3. HomeSide Lending, Inc. v. Unit Owners Ass'n of Antietam Square CondominiumSupreme Court of Virginia · 2001

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