Recent Residential Foreclosure Cases Bring About Changes in the Law


The increased number of residential foreclosures in the recent past has also led to a rise in the number of lawsuits from borrowers challenging the validity of some of those foreclosures. As a result, a number of recent Virginia cases have shed some light on the foreclosure process and helped to clarify the rights of the parties involved.

When faced with foreclosure, property owners will sometimes call into question the conduct of the lender prior to the foreclosure sale. Sometimes the foreclosed owner will seek to rescind the sale of the property after the foreclosure sale has taken place.   In two recent cases, Ramos v. Wells Fargo Bank, (2015), and Mathews v. PHH Mortgage Corp., (2012), the Supreme Court of Virginia confirmed that any challenge to a foreclosure based on the pre-foreclosure conduct of the lender must be filed before the foreclosure sale has taken place, if the borrower wants to avoid a foreclosure sale.  Once the foreclosure has taken place, a property owner can sue the lender for damages based on the claim of a wrongful foreclosure, but cannot bring an action to rescind the sale.

Once the sale has taken place, a property owner can still challenge a foreclosure based on a defect in the conduct of the sale itself.  In order to overturn a defective foreclosure sale, the property owner must be able to allege the following: a defect in the conduct of the sale, a grossly inadequate sales price, and that any third-party purchaser had notice of the defect in the conduct of the sale.  In Squire v. Virginia Housing Development Authority, (2012), the Supreme Court of Virginia held that unless the property owner can prove that the trustee was guilty of fraud, or demonstrated any partiality toward or was in collusion with the purchaser, even an inadequate price would not necessitate that the sale be set aside.

Perhaps one of the most surprising of the recent decisions following a foreclosure has come in the context of an action to take possession of foreclosed property. Prior to 2016, many practitioners believed that any issues with respect to a foreclosure were not relevant in an action seeking possession. The General District Courts, which do not have subject matter jurisdiction over title claims, usually hear actions with respect to possession in the form of an action for unlawful detainer. A Trustee’s Deed was sufficient evidence of the right to possession of the property, and any challenge to the validity of a Trustee’s Deed would have to come in the form of a separate action by the former property owner in the Circuit Court. The foreclosure purchaser would be entitled to possession until the Circuit Court had ruled on any action related to the validity of the Trustee’s Deed.

This past year, the Virginia Supreme Court ruled in Parrish v. Federal National Mortgage Association, that issues of title can be presented to the General District Court as a part of a proceeding for unlawful detainer. If the General District Court finds that the former property owner’s allegations of a defective sale have merit, it must immediately dismiss the action, without prejudice, to allow the parties to address the issues in the Circuit Court.  However, if the General District Court finds that the former property owner’s allegations of a defective foreclosure sale do not have merit, then the General District Court can proceed with the unlawful detainer and grant possession of the property to the foreclosure purchaser.  As has always been the case, the former property owner would have an appeal by right to the Circuit Court. It will be interesting to see the extent of the impact that Parrish v. Federal National Mortgage Association will have on unlawful detainer actions in the future.

Madison Homes Proposes to Develop Townhomes as a Component of the Heritage Mall Redevelopment

Source: IPEM

On December 6, 2016, the Fairfax County Board of Supervisors approved a rezoning of the Heritage Mall in Annandale from the C-6 Community Retail District to the Planned Development Commercial District. This paves the way for single-family attached residences to complement existing retail and office uses.

The 11-acre property is located on the west side of Heritage Drive in the Braddock Magisterial District. The eastern part of the property is currently developed with Heritage Mall, a retail shopping and office center.  Principal tenants in Heritage Mall include an H-Mart grocery store and CVS Pharmacy. The western portion of the property includes a parking lot, a former service station, a convenience store, and undeveloped open space.

The property owner, Bristow Shopping Center Limited Partnership LLP (Webb Companies), made significant improvements to the existing center in recent years, but sought to make better use of the excess parking area at the rear of the site.  Madison Homes contracted to purchase the back portion of the property, with a proposal to develop a new townhome community.  The first step in the approval process was to amend the Comprehensive Plan, which had envisioned a denser, multi-family component.  In June, the Board approved the amendment, opening up the rezoning action.  A total of 241,824 square feet of gross floor area (GFA) was approved including 75,412 GFA of commercial office and retail uses and 67 single-family attached dwellings for an overall FAR of 0.50.  As has been the case with several recent townhouse proposals in Fairfax County, parking was a significant issue.

The Planning Commission has focused on townhouse garage dimensions and guest parking due to recent parking concerns with higher density townhome projects.  Fortunately, after site visits and much discussion, the parking issue was adequately resolved and received Planning Commission approval.  The approval will permit an influx of investment and provide new residential opportunities in an older part of the County that has not previously benefited from the type redevelopment occurring in many other parts of the County.  A space for a community resource center will also be provided within the commercial component of the development.

 

 

 

 

 

Good Deeds – Randy Minchew

Source: Terri Motley

“A Scoutmaster should never mix Scouting and politics.” Randy Minchew emphasized the importance of this adage during our conversation about his lifelong involvement with the Boy Scouts of America. Although Randy has been careful to strictly follow this golden rule, his scouting roots are evident in both his legal and political career.

“As land use lawyers, a lot of what we do is appreciating and
implementing sound conservation practices.”

Randy has been with Walsh Colucci since 1998, and currently serves as Managing Shareholder of the firm’s Loudoun Office. He is also a member of the Virginia House of Delegates. His legislative record reveals a commitment to conservation, a value that was instilled in him through his decades of involvement with Boy Scouts of America (BSA) and can be seen in his work as a land use attorney. Randy believes that the conservation ethic is a crucial part of land use planning. “As land use lawyers, a lot of what we do is appreciating and implementing sound conservation practices.” Randy cites best management practices, erosion and stormwater control, open space preservation, and non-point pollution reduction as several examples that have become standard in the firm’s land use cases.

As an 11-year-old in the 1960s, Randy was drawn to the promise of adventure and leadership opportunities that Scouting had to offer. While he recalls many easy-going times as a youth in his McLean troop, he also remembers those stressful situations where he and his fellow scouts faced adversity. Randy recalls an especially challenging situation he encountered as a young scout in which he and his troop went on a winter 10-mile hike and campout but due to an unanticipated cold front found themselves atop the Blue Ridge Mountains at dusk in single digit temperatures. He admits “we did not exactly abide by the Boy Scout motto ‘Be Prepared’ that trip, but we learned some life lessons never to be forgotten.”  Randy was awarded Eagle Scout rank, Scouting’s highest, in 1971. His Eagle Scout certificate is signed by President Richard Nixon, but Randy is quick to point out that President Gerald Ford, America’s only Eagle Scout President, is a far better exemplar.

For 25 years, Randy was less involved with scouting but was drawn back in when his son joined a Leesburg troop as a Tenderfoot Scout. Following his service as Chairman of the Loudoun County Economic Development Commission, and his numerous terms on the Loudoun County Chamber of Commerce Board of Directors, Randy reentered Scouting when he was asked to serve as the District Chairman of Scouting in Loudoun County. In this role, he led adult scouters, addressed BSA organizational issues, fundraising, and human resources. An avid outdoorsman who has hiked Mt. Kilimanjaro, Mt. Rainier, and more than 1,000 miles of the Appalachian Trail, Randy couldn’t ignore the call of the wild and service to scouting at the troop level where, as he notes “the real action is.” He eventually became Scoutmaster of Leesburg Troop 998 and helped the troop become one of the largest BSA troops in Loudoun County. Randy is particularly proud of the fact that he and his scouts readily welcomed young men on the autism spectrum into the troop, teaching them all how to work together to overcome obstacles and instilling the importance of diversity.

In his role as Scoutmaster, Randy has helped 21 young men achieve the rank of Eagle Scout. At many of the Court of Honor ceremonies held, Randy was given mentorship pins by these new Eagle Scouts in recognition of the role he played in their Scouting achievements. On the back of each pin, Randy has inscribed his mentee’s name, and wears each pin proudly as a memento. When the decennial redistricting was done for the General Assembly in 2011 and Randy decided to run for a new seat created for Loudoun County, Randy resigned as Scoutmaster before declaring his candidacy following his decree to never mix scouting and politics. He recalls, “When I stepped down as Scoutmaster, the boys had no clue if I would run as a Republican or Democrat, and I guess that showed I succeeded.”

Still, he remains active with BSA, teaching many of the merit badges required for the Eagle Scout rank and serving on the Executive Board of the National Capital Area Council. In 2010, Randy was awarded BSA’s highest adult leader recognition, the Silver Beaver Award, and, in 2016, in front of many firm friends and colleagues, Randy was presented the Good Scout Award honoring his leadership and commitment to scouting.

Although he has collected numerous awards during his decades of involvement with the BSA, Randy recalls a rather unusual event instead of those formal accolades. As a self-described “unathletic 12-year-old overweight kid”, Randy participated in the annual floating/water treading contest held at Goshen Scout Reservation’s Lake Merriweather in which a large group of boys participated. After eight hours in the middle of the lake, as the sun was setting, only two boys remained in the competition: Randy and a scout from Prince Georges County. As the counselor in nearby rowboat pleaded with the two boys to call off the competition for safety reasons, Randy and the other boy kept the contest going. After nightfall, the two boys made a pact that they would quit the competition at exactly the same time by simultaneously touching the gunnel of the rowboat, thereby creating co-champions. They had never met prior to the contest, but over the course of this endurance contest, developed a level of trust and mutual respect. When they arrived at dock for the hike back to their campsites, they were greeted by two rows of cheering scouts with flashlights. Randy recalls, “It was the first thing I ever won and the way it ended makes it really memorable”

Randy refers to Scouting as “the most successful youth leadership movement in the history of the world,” and credits BSA for teaching him to practice servant leadership in all aspects of his life.

 

 

 

 

 

 

 

 

Employee Spotlight

Source: Susan Lynch

Back in the 1970’s, growing up in a wooded neighborhood in Tysons Corner, John never imagined he would become an attorney. He imagined himself as a musician, but John’s father, who worked in the construction and development business, told him he needed to make an honest living. Hoping to buy time before committing to a career, law school seemed like a good option. Without having to sacrifice his music, John’s decision paid off.

One might assume that having a father (and a grandfather) in the construction and development business, John would have jammed to the beat of their drums. And, as a Land Lawyer, you might say that he has, except John is no ordinary Land Lawyer. John Rinaldi is a litigator who focuses on real estate title issues, construction and development, and larger business issues such as assisting foreclosure purchasers and lenders in the process of foreclosing. John’s article in this month’s Land Sense is about lender foreclosures, but we’re here to talk to him about his practice and his music.

The Land Lawyers: What types of cases do you focus on?

John Rinaldi: Litigation involving real estate title issues – and there can be a lot of them, title insurance, mechanic’s liens, and other business-related real estate issues. I also work on zoning issues and recently won a case concerning a subdivision by-right. You can read about that here.

TLL: This month, you wrote an article on homeowner’s challenging foreclosure. Have you seen a decline in foreclosures since the housing bubble burst in 2007?

JR:  There was a huge increase in the number of foreclosures after 2007 that has only recently, over the past few years, appeared to be subsiding.

TLL: Who is, and is not your typical client in a foreclosure case?

JR: We assist lenders in the process of foreclosing, and lenders with properties that have issues that make it difficult to foreclose. We also represent foreclosure purchasers, and foreclosure purchasers who are having difficulty with the prior owners. We do not represent homeowners facing foreclosure.

TLL: When does a lender or foreclosure purchaser typically involve you in the process?

JR:  Every case is different depending on the parties and properties involved.  We have had a lot of cases recently in which the local counties have tried to limit the ability of lenders to foreclose on properties identified as Affordable Dwelling Units.  We also often see cases in which there are errors in the deed of trust.  Also, we see quite a few foreclosed owners that want to challenge the validity of the foreclosure.

TLL: Your clients think of you as a rock star litigator but do they know that you really are a rock star? Tell us about your band, Larry & The Land Lawyers, and when you first got interested in music.

JR: I got interested in the trumpet in fourth grade, but wanted to learn a second instrument when I got into high school.  There were tons of guitar players in my school but there weren’t as many bass players, so I picked up the bass guitar and improved my odds of getting into a band by simple supply and demand. Besides, I am not nearly coordinated enough to play guitar.

I played in a few bands in college and law school and met a drummer, Larry Clark, through mutual friends.  In 1993, I joined the firm and met Mark Goetzman, a Land Lawyer who also plays guitar and sings.  Years later, Larry introduced me to guitarist Mike Kieffer before he went to law school and before he became a Land Lawyer. The three of us played together a few times a year with other friends just for fun. It’s actually Larry’s fault that Kieffer ended up working for the firm—I mean that in a good way!—and without Larry there would be no Larry & The Land Lawyers.

TLL: How did you become rock stars?

JR: One of our many gigs included playing the Walsh Colucci holiday party and other firm events. A few years ago, Mike found out about a battle-of-the-law-firm-bands fundraiser to benefit Gifts for the Homeless and we participated in the fundraiser every year since. This past year, because of a scheduling conflict, we were given the opportunity to participate in the 2nd Annual Law Rocks fundraiser at the 9:30 Club. We played on the same stage as the Ramones, Psychedelic Furs, R.E.M, Cyndi Lauper, Marshall Crenshaw, Root Boy Slim, and the list goes on. We played for HomeAid Northern Virginia and the event set a one-night record, raising more than $115,000 for charity.

It was a great night. You can read about it here, and here, and watch our performance here.

TLL: Aside from preparing briefs and jamming with The Land Lawyers, what else do you like to do in your spare time?

JR:   Sailing and fishing.

TLL: Do you have a hero or heroine?

JR:  My father and both of my grandfathers.

TLL: A favorite meal?

JR: A big pile of Chesapeake Bay blue crabs.

TLL: Why do you think Walsh, Colucci, Lubeley & Walsh is a great place to work?

JR: The collegial atmosphere, everyone here is great to work with.

TLL: One final question. Do you still play the trumpet?

JR: No, but I can play the ukulele.

TLL: Thank you, John!

Town of Leesburg Gives Two Zoning Applications the Thumbs Up

Source: Lessard Design
Source: Lessard Design

Represented by the firm’s Leesburg office, Knutson Companies will build 64 multi-family dwelling units and Lansdowne Development Group will combine commercial mixed-use and multi-family residential development to promote a more vibrant downtown experience.

Source: Bowman Consulting
Source: Bowman Consulting

The Knutson Companies application is a special exception to permit 64 multi-family dwelling units in the B-1 (downtown business) and H-1 (Old and Historic) overlay districts. The prominent site is located between South King Street and Church Street along the NOVA Parks property containing the W&OD Trail and the Town Branch Creek. This southern gateway property to downtown Leesburg will provide a 4,000-square-foot commercial building and outdoor plaza area adjacent to South King Street with the four multi-family residential buildings behind. Walsh, Colucci, Lubeley & Walsh assisted Knutson Companies with obtaining demolition permits and general concept plan approval from the Board of Architectural Review in addition to the special exception approval for the residential units. Knutson Companies is continuing to work with NOVA Parks to obtain approval for improvements to the creek and open space located on the NOVA Parks property. The new dwelling units will provide badly needed residential living in downtown Leesburg to support the businesses and provide after-hours activity to promote a more vibrant downtown experience.

Source: Bowman Consulting
Source: Bowman Consulting

The Lansdowne Development Group (LDG) application was for rezoning in Leesburg’s Crescent Design District known as Crescent Parke. Crescent Parke will provide a mix of commercial, office, retail, restaurant uses, and possibly a hotel in the future, along with 344 multi-family, two-over-two and townhouse residential, including 70 age-restricted units. Crescent Parke first sought a town plan amendment to change a land bay from a commercial use designation to a residential use designation as well as re-sizing the Davis Avenue Extension connection between South King Street and Gateway Drive from a planned four-lane roadway to a two-lane roadway, which they received one year ago. LDG spent the last year on the rezoning application to change the zoning district boundaries on the property to the Crescent Design District Commercial (CD-C), Mixed Use Optional (CD-MUO), and Residential High Density (CD-RH) subdistricts. Crescent Parke also required rezoning approval for the four- and five-story buildings proposed for the project. The town received a generous proffer package as part of this rezoning, which includes construction of the Davis Avenue Extension including the bridge across Tuscarora Creek, the dedication of the 21-acre Olde Izaak Walton Park property, which the town has been leasing, plus contributions of funds for schools, park improvements, and transportation improvements. With the inclusion of the park property, the project will provide more than 50% of the total land area as open space. Crescent Parke represents the second major project for LDG in Leesburg’s Crescent Design District, a district intended to revitalize and redevelop the town’s area east of the Old and Historic downtown district. Crescent Place, LDG’s first project with residences and businesses already occupied, is considered a great success and a boost to downtown Leesburg.

A Virginia Business Owner’s Guide to Drafting an Employee Manual

Employee ManualTwo questions frequently asked by our Virginia business clients concern the importance of an employee manual and who should draft it. There is no doubt that if you have more than a few employees, a well-written employee manual can effectively communicate your workplace policies and help you reduce the risk of a lawsuit.

While employment in Virginia is considered at-will, meaning either party can decide to end employment for any reason or no reason, business owners who employ a certain number of employees must be aware of, and comply with, federal and state laws designed to protect against unlawful termination practices. By providing each employee with an employee manual, an employer can be sure its employees know in specific terms what is expected of them. Keeping the manual up to date (and, most importantly, consistently abiding by it) minimizes an employer’s exposure to unlawful termination claims, wage claims, and other employment-related litigation.

No manual is able to cover every policy consideration, and it’s best to make this clear to your employees by saying so in the manual. Along the same lines, it’s important to give yourself flexibility to add to, or subtract from, the manual’s written policies on an as-needed basis. Perhaps just as important as what should be included in the manual is what should not. Here are a few categories of what not to put in your manual:

  • Unconditional Promises. Unless you want to create an employment contract that obligates your employee to work for you for a fixed period of time, thereby taking the employment out of the at-will category and limiting your right to fire the employee for the same period, don’t include language that promises employees a job as long as they are not in violation of the rules, or refers to any employee’s position as “permanent.” Similarly, even referring to new hires as “probationary employees” can get employers in trouble, because the term “probationary” can create an expectation that the employee’s status will change after he or she completes the period. Because a court might interpret these scenarios as contracts of employment, preventing you from firing your employees without good cause, the language in the manual must be chosen carefully.
  • Detailed Disciplinary Practices. While it is not uncommon for employers to want to follow some form of progressive discipline for performance problems or misconduct on the job, employers need to be careful when crafting discipline policies. If an employer adopts an overly descriptive and/or restrictive discipline policy (such as starting with a verbal warning, followed by a written warning, followed by a probationary period or suspension, then termination for subsequent problems), this unnecessarily binds the employer to a much more stringent and time-consuming process. Such a restrictive discipline practice will make it difficult for the employer to deviate from the process without claims of unfair treatment. Don’t obligate yourself to follow a particular disciplinary pattern for every employee in every circumstance. If you do, you may find it difficult to fire an employee for gross misconduct. A good disciplinary policy should keep the employer’s options open. And never promise “due process” or anything similar for disciplinary actions or grievances.
  • Employer-Provided Benefits Policies. Overly detailed policies concerning employer-provided benefits can be troublesome because they tend to become too complex. With all the detailed information contained in group insurance policies and the overlap of state and federal leave laws, employer-provided benefits should be only generally summarized in the manual. Employees should be referred to management or human resources for full plan details. When these policies are too detailed, they run the risk of misstating or omitting important facts, resulting in potential problems for the employer.

While no single article can address all of what should and should not be included in an employee manual, it is important to have a competent employment lawyer perform a thorough review of your employment policies to ensure they meet the legal requirements for your business practice. Because no two companies are alike, and no company is like yours, searching online for a template or borrowing a manual prepared by another company is risky at best. The size and type of business and the ever-changing landscape of state and federal laws make it essential for each business owner to tailor its employee manual to its business operation.

Our firm has helped businesses draft employee manuals from start to finish and provided a thorough review and updating of existing manuals to ensure they meet legal requirements. We recommend periodic (at least annual) reviews to ensure the policies are current and valid. Continuing to use out-of-date policies is just as dangerous as inconsistently applied policies.

To get help with your company’s employee manual, or to ensure it is in compliance with Virginia employment law, please contact Wendy Alexander.

A Right-to-Work State: Virginians Decide With Their Vote

va-flagVirginia has been a right-to-work state since 1947, meaning that it is illegal, pursuant to statute, for an employer to require an employee to be a member of, or pay dues to, a labor union. On Election Day, Virginians cast their ballots to determine if this law should become a part of the Virginia Constitution.

This state law does not make labor unions, labor organizations, or collective bargaining illegal, all of which are mostly regulated by federal law. Rather, the Right-to-Work Law in Virginia’s Code simply provides that no employee can be required to join a union if he or she does not choose to, and no Virginia employer can require union membership in order for a person to be considered for, or to maintain, employment. In several other states, union membership and/or dues payments can be made part of a collective bargaining agreement between an employer and a labor union, and some employees can be made to be part of, or pay dues to, unions in order to work.

This past Election Day, Virginians were asked, through a referendum initiated by the General Assembly, if this longtime state law should be made a civil right under Virginia’s Constitution. Referendum sponsor Richard Bell and supporters of the amendment stated that it was necessary to protect what Assemblyman Bell argued is a fundamental right, akin to the rights of life, liberty, and the pursuit of happiness. Opponents argued that the referendum was unnecessary given Virginia’s long standing as a right-to-work state and/or could lead to unintended consequences.

By a fair margin (53.6%–46.3%), the referendum was rejected. In total, 3,758,730 Virginians voted on the measure. By way of comparison, 3,982,752 Virginians cast ballots for president, meaning nearly 230,000 Virginians voted for president, but did not vote on the referendum.

While we will not speculate as to why the constitutional referendum failed, the likelihood of Virginia altering its status as a right-to-work state, or the Virginia Code section protecting that status, is not great. As of the date of this article’s publication, it does not appear that any proposed House or Senate bills exist that would have any effect on Virginia’s long-term status as a right-to-work state. In other words, there doesn’t appear to be any push by any member of the General Assembly to rid the Commonwealth of the existing law.

That said, the National Labor Relations Board recently made changes to employer reporting requirements upon the occurrence of an employee unionization effort. It is still possible for a Virginia employer to be the subject of a new unionization effort. Therefore, employers and small-business owners should be well-versed in federal law related to employee organization and representation.

Good Deeds – Erin Thiebert

Erin Moore Thiebert
Erin Moore Thiebert

A native Texan, Erin joined the firm in 2013. As a mother of two with a busy transactional practice, her free time is a precious commodity. Still, she makes time to get involved with industry organizations that promote the advancement of women and improve the lives of children.

It’s not easy balancing a family and career, but Erin found her niche with the Northern Virginia Building Industry Association’s (NVBIA) Women in the Building Industry Committee (WBI). WBI’s mission is to promote career advancement and leadership skills of women in the building industry to ultimately increase the number of women in leadership. Next year, Erin will serve as president of the committee.

“I am always looking for a way to drill down to a core group of people I can connect with on a more substantive level,” explains Erin, when asked how she decided to focus her philanthropic energies with the WBI. “I look at an organization’s goals and if I identify with them, I know there are opportunities. That’s how I know I will find like-minded people and be able to connect with them on a more in-depth basis.”

WBI is one of NVBIA’s newest committees. When she attended her first WBI meeting, Erin did not know what to expect, but she was extremely impressed by the energy in the room and the number of women who have joined. Recently, U.S. Congresswoman Barbara Comstock was the keynote speaker at a WBI event that featured a discussion on family life/work balance and offered panels on best practices for résumé preparation, interview tips, and negotiating upward career mobility. Lorri Holland, the firm’s administrator, served as a panelist.

Back in Texas, Erin’s brothers and father are the fifth and fourth generations running a family-owned construction business. Having been immersed in the building industry her whole life gives Erin a good perspective on how difficult it can be for women to find their way in the male-dominated building industry. Her advice to women is to get out there and believe in yourself. “If you know what you’re doing,” she maintains, “it doesn’t matter what gender you are.”

As the committee’s president, Erin will seek to continue to find ways to advance WBI’s mission of teaching women how to become leaders in the industry and build confidence through connections. Erin will also continue her annual tradition of coordinating the firm’s participation in HomeAid Northern Virginia’s Backpack Challenge. She was introduced to this annual event through her involvement with NVBIA. Thanks to Erin’s efforts, the firm donated 49 backpacks to children in need in the D.C. metro area in 2016.

What advice does Erin have for those looking to get involved? “Choose an organization with a purpose you are passionate about. Don’t be afraid to say no if it isn’t the right fit because when you do find your niche, it will fit in nicely with your professional and personal goals.”

Employee Spotlight

Wendy Alexander
Wendy Alexander

In high school, Wendy performed in show choirs and musical theatre, and received high marks in her civics and government classes. She decided to major in government at the University of Virginia and there, during a commercial law course, her career came into focus. Later, in a trial advocacy class in law school, Wendy realized that litigation was her calling. As she explains, trial practice can be very similar to a theatrical production—you have to be a powerful public speaker, persuasive in your story telling, and, above all, always prepared.

The daughter of a Naval Commander, Wendy is currently a master of the George Mason American Inn of Court, has been voted one of the “Legal Elite” by Virginia Business magazine in multiple categories, and is rated AV® Preeminent™ by Martindale-Hubbell. She has successfully represented numerous clients on matters involving contracts and real estate issues, and can assist with business and employment issues.

The Land Lawyers: You have successfully represented a number of clients in diverse cases. Is there a specific type of case or client you focus on?

Wendy Alexander: I have experience with a broad range of cases and issues. Typical clients include property owners, subcontractors, general contractors, lenders, small-business owners, and title companies. The types of matters I handle include lease reviews and disputes, contract reviews and disputes, construction defect cases, title defect cases, real estate matters (including condemnation landlord/tenant, easements, and adverse possession), and employment matters. But I am not always in court with my clients. Sometimes I handle transactional matters for them, or administrative matters including negotiating the regulatory world of the Department of Professional and Occupational Regulation, the State Corporation Commission, or the Virginia Employment Commission.

TLL: So you technically become your client’s closest advocate and provide counsel regarding complex legal concepts. Understanding that all of your cases are complex and confidential, what was your most complex case?

WA: Each case has its own complexities. Some of the more interesting cases I have worked on involve alleged forgeries of property deeds. Typically, I have defended lenders in these matters who, in the situation of a forgery, risk having the property (allegedly procured by their borrowers through fraud) put in the hands of the plaintiff. The lenders, through no fault of their own, risk losing the security (which was the property) for the loan. In these cases, I have always been able to file counterclaims based on equitable theories in an effort to keep my clients as protected as possible. These cases always involve expert witnesses in the form of handwriting experts, and one such case also involved a medical expert to opine on capacity to contract. It is not uncommon for these complex title issues to settle. And depending on the particulars of the individual case, I have been able to craft solutions that are equally complex, ranging from buy-outs of the loans to confirmation deeds, which reinstate the full value of a lender’s lien against a property.

TLL: You wrote a newsletter article this month about employment manuals. What other type of employment issues do you handle?

WA: We can assist with discrimination claims or other EEOC complaints (employer side), unemployment claims, non-compete and restrictive covenant interpretation and disputes, separation agreements, Fair Labor Standards Act issues, and other employer-based human resources questions.

TLL: How long have you been working for the firm?

WA: This fall marked my 15th year with Walsh Colucci.

TLL: If you have spare time, what do you like to do with it?

WA: I try to stay active and enjoy the outdoors. I am an avid sports fan both at the college level (the Virginia Cavaliers, my alma mater) and at my childrens’ myriad events.

TLL: Do you have a hero or heroine?

WA: My mother.

TLL: Favorite meal?

WA: I love to eat. My most recent notable meal was an herb-crusted salmon while visiting Bar Harbor, Maine.

TLL: If you could travel anywhere in the world, or universe, where would it be?

WA: My favorite place to visit is the Big Island of Hawaii.

TLL: Why do you think Walsh, Colucci, Lubeley & Walsh is a great place to work?

WA: It is a place where sharing ideas is encouraged, which allows for case theories and arguments to be well-honed by the time they reach a courtroom.

TLL: Thank you, Wendy!