REPORTED DECISIONS
Leonard C. Tengco has served as lead counsel and co-counsel in numerous reported state and federal court decisions involving foreclosure litigation, title disputes, easements, adverse possession, interpleader actions, real estate contracts, ownership claims, and related property-rights matters throughout Virginia.
The following reported decisions are provided for informational purposes only. Past results do not guarantee future outcomes.
APPELLATE DECISIONS
Veldhuis v. Abboushi, 77 Va. App. 599, 886 S.E.2d 766, 2023 Va. App. LEXIS 277
(Alexandria 2021) (all elements of the property owners’ adverse possession claim against their neighbor under Va. Code Ann. § 8.01-236 were met in a residential property line dispute because the owners planted, mowed, and maintained the disputed area)
Willems v. Batcheller, 78 Va. App. 199, 890 S.E.2d 659, 2023 Va. App. LEXIS 524
(Va. Ct. of Appeals 2023) (adverse possession may be couched as an affirmative defense; however, pleading adverse possession as an affirmative defense, rather than as a cross-claim, does not abrogate the fundamental requirement that only relief affirmatively requested in a pleading may be granted by a circuit court)
Willems v. Batcheller
109 Va. Cir. 319, 2022
Va. Cir. LEXIS 19
Fairfax County 2023
Landowners were ordered to take permanent measures to control bamboo in area where it was currently planted proximate to neighbors’ shed
TITLE LITIGATION & OWNERSHIP DISPUTES
Mountjoy v. Slaey, 2023 Va. Cir. LEXIS 7
(Fairfax County 2023) (clarification of court’s previous letter opinion)
Veldhuis v. Abboushi, 77 Va. App. 599, 886 S.E.2d 766, 2023 Va. App. LEXIS 277
(Alexandria 2021) (all elements of the property owners’ adverse possession claim against their neighbor under Va. Code Ann. § 8.01-236 were met in a residential property line dispute because the owners planted, mowed, and maintained the disputed area)
Willems v. Batcheller, 78 Va. App. 199, 890 S.E.2d 659, 2023 Va. App. LEXIS 524
(Va. Ct. of Appeals 2023) (adverse possession may be couched as an affirmative defense; however, pleading adverse possession as an affirmative defense, rather than as a cross-claim, does not abrogate the fundamental requirement that only relief affirmatively requested in a pleading may be granted by a circuit court)
Abboushi v. Veldhuis, 2021 Va. Cir. LEXIS 205
(Alexandria 2021) (finding adverse possession over disputed area was proven by clear and convincing evidence)
Alves v. Stanojevic, 110 Va. Cir. 338, 2022 Va. Cir. LEXIS
(Alexandria 2022) (tortious interference with easement rights granted)
Carniol v. Nayak, Virginia Lawyers Weekly, VLW 023-8-053
(Fairfax County 2023) (awarding damages to plaintiffs based on the damage to the freehold that is the diminution in market value of plaintiffs’ real estate as a result of defendants’ damage to the trees)
DeLeon v. McGaha, 109 Va. Cir. 264, 2022 Va. Cir. LEXIS 24
(Loudoun County 2022) (burden is upon a purchaser of real property to discover any defects, but the seller must not say or do anything to throw the purchaser off his guard or to divert him from making the inquiries and examination which a prudent man ought to make)
Mountjoy v. Slaey
110 Va. Cir. 359, 2022 Va. Cir. LEXIS 190
Fairfax County 2022
Co-owner’s obligation to pay for a property is not contingent upon their occupying the property, and neither can a co-owner make the other responsible for the costs of ownership simply by moving out of a property or by occupying a less expensive property
Willems v. Batcheller
109 Va. Cir. 319, 2022
Va. Cir. LEXIS 19
Fairfax County 2023
Landowners were ordered to take permanent measures to control bamboo in area where it was currently planted proximate to neighbors’ shed
EASEMENT & PROPERTY RIGHTS LITIGATION
Veldhuis v. Abboushi, 77 Va. App. 599, 886 S.E.2d 766, 2023 Va. App. LEXIS 277
(Alexandria 2021) (all elements of the property owners’ adverse possession claim against their neighbor under Va. Code Ann. § 8.01-236 were met in a residential property line dispute because the owners planted, mowed, and maintained the disputed area)
Willems v. Batcheller, 78 Va. App. 199, 890 S.E.2d 659, 2023 Va. App. LEXIS 524
(Va. Ct. of Appeals 2023) (adverse possession may be couched as an affirmative defense; however, pleading adverse possession as an affirmative defense, rather than as a cross-claim, does not abrogate the fundamental requirement that only relief affirmatively requested in a pleading may be granted by a circuit court)
Abboushi v. Veldhuis, 2021 Va. Cir. LEXIS 205
(Alexandria 2021) (finding adverse possession over disputed area was proven by clear and convincing evidence)
Alves v. Stanojevic, 110 Va. Cir. 338, 2022 Va. Cir. LEXIS
(Alexandria 2022) (tortious interference with easement rights granted)
Carniol v. Nayak, Virginia Lawyers Weekly, VLW 023-8-053
(Fairfax County 2023) (awarding damages to plaintiffs based on the damage to the freehold that is the diminution in market value of plaintiffs’ real estate as a result of defendants’ damage to the trees)
O’Donovan v. Lake
109 Va. Cir. 253, 2022 Va. Cir. LEXIS 15
Fairfax County 2022
Each home was found to be responsible for an equal share of the costs required to maintain the driveway in issue, each home being severally and jointly responsible for the maintenance of the pipestem system and each part of the driveway constituting parts of a unified whole
Rustgi v. Webb
105 Va. Cir. 199, 2020 Va. Cir. LEXIS 81, 2020 WL 8831997
Fairfax County 2020
Denying claim by dominant tenement for prescriptive easement upon finding that predecessors to servient tenement gave permission to dock a boat on a lake seawall
Willems v. Batcheller
109 Va. Cir. 319, 2022
Va. Cir. LEXIS 19
Fairfax County 2023
Landowners were ordered to take permanent measures to control bamboo in area where it was currently planted proximate to neighbors’ shed
FORECLOSURE & LENDER LITIGATION
Fannie Mae v. Harbin
103 Va. Cir. 94, 20122 Va. Cir. LEXIS 99, 2012 WL 9735841
Virginia Beach 2012
Overruling mortgagor’s motion to strike in unlawful detainer action and awarding possession of property pursuant to Va. Code § 8.01-389
Gibbs v. Fannie Mae
2018 U.S. Dist. LEXIS 58258, 2018 WL 1629109
E.D. Va. 2018
Remanding complaint against lender and substitute trustee circuit court applying strict construction of removal jurisdiction based on diversity of the parties and finding that state law claims support breach of fiduciary duty claim against trustee
Gould v. Wells Fargo Bank
N.A., 2018 U.S. Dist. LEXIS 121977, 2018 WL 3493076
E.D. Va. 2018
Holding that mortgagor’s complaint does not assert a Fair Credit Reporting Act claim and remanding case to Richmond Circuit Court
In re Foreclosure Sale of 1603 Trailridge Rd.
99 Va. Cir. 43, 2017 Va. Cir. LEXIS 628
Charlottesville 2017
Denying petition to confirm foreclosure sale under deed of trust
King v. Fed. Home Loan Mortg. Corp.
2018 U.S. Dist. LEXIS 119535, 2018 WL 3453455
E.D. Va. 2018
Granting lender’s motion to dismiss for borrower’s failure to state a claim against lender and trustee for alleged violation of 12 U.S.C. § 2605(b)(1)-(2)
Lubitz v. Wells Fargo Bank
N.A., 85 Va. Cir. 69, 2012 Va. Cir. LEXIS 99, 2012 WL 9735841
Virginia Beach 2012
Denying borrower’s motion for reconsideration court decision to sustain lender’s demurrer and dismissing complaint with prejudice three days after filing and holding that federal HUD regulations do not create a private cause of action
Newcomer v. Wells Fargo Bank
N.A., 2019 U.S. Dist. LEXIS 9482, 2019 WL 267873
E.D. Va. 2019
Granting mortgagor’s motion to remand to Richmond Circuit Court and holding that federal preemption defense under FCRA does not establish subject matter jurisdiction
INTERPLEADER & ASSET RECOVERY
Pfeiffer v. Efre
2018 Va. Cir. LEXIS 1456
Loudon County 2018
Order granting plaintiff’s motion seeking funds held by Clerk of Court
Pfeiffer v. Efre
2018 Va. Cir. LEXIS 1521
Loudon County 2018
Agreed order of confirmation of sale
Sayres v. Fuentes
2021 Va. Cir LEXIS 62
Loudoun County 2021
Sustaining demurrer to buyers’ counterclaim alleging real estate fraud in the inducement
REAL ESTATE CONTRACT LITIGATION
DeLeon v. McGaha, 109 Va. Cir. 264, 2022 Va. Cir. LEXIS 24
(Loudoun County 2022) (burden is upon a purchaser of real property to discover any defects, but the seller must not say or do anything to throw the purchaser off his guard or to divert him from making the inquiries and examination which a prudent man ought to make)
Ellis v. Ewan
110 Va. Cir. 262, 2022 Va. Cir. LEXIS 114
Alexandria 2022
Liquidated damages clause in the contract for the sale of real property constituted a bargained for exchange with clear terms and was not repugnant to public policy
Eskandari v. Auto Imports of Woodbridge
109 Va. Cir. 452, 2022 Va. Cir. LEXIS 37, 2022 Westlaw 18777794
Prince William 2022
Constructive or actual knowledge does not vitiate a contractual requirement of actual, written notice
Hidalgo v. Benz
2020 Va. Cir. LEXIS 640
Loudoun County 2020
Consent order dismissing complaint for specific performance against buyer for breach of residential real estate contract
Malloy v. Westco Builders
2021 Va. Cir. LEXIS 454
Culpeper County 2021
Overruling demurrer to counterclaim for breach of new homes sales contract)
Sayres v. Fuentes
2021 Va. Cir LEXIS 62
Loudoun County 2021
Sustaining demurrer to buyers’ counterclaim alleging real estate fraud in the inducement
FRAUDULENT CONVEYANCE & BUSINESS LITIGATION
NB Tysons, Inc. v. VA Henry Rose, LLC
106 Va. Cir. 86, 2020 Va. Cir. LEXIS 152, 2020 WL 10355918
Fairfax County 2020
Holding transfer of inventory between two separate LLCs owned by a single individual is not fraudulent per se
OTHER REPORTED DECISIONS
Commonwealth v. Canty, 2009 WL 8617811
(Portsmouth 2009) (prosecution’s brief in response to criminal defendant’s claim of duplicative probation violations)
Greiner v. Paynter
103 Va. Cir. 94, 2019 Va. Cir. LEXIS 452, 2019 WL 11866867
Fairfax County 2019
Denying motion to disqualify