Prepared by Kristine Brown, Managing Attorney
For the mortgage industry, meeting the challenge of assisting borrowers during this difficult time is paramount. And, where practical solutions can be found, loss mitigation is key. As the industry evolves, there is also the inevitable litigation that must be addressed. Favorable caselaw from Virginia seems to provide light at the end of the tunnel and a spread of common sense rulings that favor a harm standard crossing the Potomac.
Years ago, Shapiro & Brown obtained the ruling in Shepherd v. Burson establishing that a failure to disclose every secured party in the Notice of Intent to Foreclose is not a basis for dismissing a foreclosure action. The Court followed traditional Maryland law which required a party to allege not only an error but also actual harm or prejudice before setting aside or dismissing a foreclosure case. This logic has finally crossed over into Virginia.