Community Borrowers & Trust Corp. v. American Home Builders of Virginia, Inc.

By Judge Thomas D. Horne

Community Borrowers and Trust Corporation seeks damages from defendants American Home Builders of Virginia, Inc., American Transfer Co., Inc., and Stephen A. Macturk as a result of their default on certain notes and a guarantee agreement. In addition, it seeks to set aside a default judgment rendered in favor of American Home Builders of Virginia, Inc., and Mr. Macturk on August 23, 1996, based upon fraud, accident, or mistake. A plea of recoupment set out in the chancery cause restates the claim for damages based upon defendant’s default upon certain notes and a…