January 2020 Young-Allen v. Bank of America

Published: Feb. 13, 2020, 8:06 p.m.

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Granted Appeal Summary

\\xa0Case

\\xa0TAMARA E. YOUNG-ALLEN v. BANK OF AMERICA, N.A., ET AL. (Record Number 181313)

From

The Circuit Court of the City of Alexandria; L. Kemler, Judge.

Counsel

Christopher E. Brown (The Brown Firm, PLLC) for appellant. James Kevin Fee and Patrick Harvey (Morgan, Lewis & Bockius LLP) for appellee.

Assignment of Error

The trial court erred in sustaining the demurrers of Bank of America, N.A. and Equity Trustees as to Counts I and II, holding that this is a post-sale action for rescission of the foreclosure sale, the lis pendens does not operate to preserve the rights of the parties pre-sale, and thus it requires the plaintiff plead fraud, collusion, or grossly inadequate sales price.

Document: http://www.courts.state.va.us/courts/scv/appeals/181313.pdf

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