Bank of Hampton Roads v. Powell

Powell continued to pursue her claims against 3 MAC and the Bank. Since she could no longer assert a claim against Lot 1, Powell asked the trial court to impose a constructive trust upon the remaining land owned by 3 MAC and which had not yet been sold. This remaining property, known as "Lot A," was subject to the Bank's recorded first-lien deed of trust, and Powell sought imposition of a constructive trust upon Lot A superior to the Bank's deed of trust. After a bench trial, the trial court held that the Bank had actual knowledge of Powell's right to a lot in the subdivision, and that the…