VHDA v. FOX RUN

Record Nos. 970924, 970946.

497 S.E.2d 747 (1998)

VIRGINIA HOUSING DEVELOPMENT AUTHORITY, v. FOX RUN LIMITED PARTNERSHIP. Stuart A. SIMON, Trustee, v. FOX RUN LIMITED PARTNERSHIP.

Supreme Court of Virginia.

February 27, 1998.


Attorney(s) appearing for the Case

Carl F. Bowmer (Christian & Barton, on briefs), Richmond, for appellant.

Michael F. Urbanski; Frank K. Friedman (M. Caldwell Butler; Woods, Rogers & Hazlegrove, on brief), Roanoke, for appellee.

Present: All the Justices.


KOONTZ, Justice.

These two appeals arise from a foreclosure sale of a multi-family housing project. In the first appeal, we consider whether the noteholder and purchaser at that sale is entitled to collect the "prepayment fee" provided for by the terms of the notes secured by the deed of trust. The second issue we consider, raised in both appeals, is whether the advertisement of the foreclosure sale by the trustee adequately...

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