VA Lawyers Weekly Article

Suit over title to property relied on motions practice

This is a complex title related lawsuit involving several parties. The parties engaged in heavy motions practice before Fairfax Circuit Judges Robert Smith and John Tran. The case centered on a lien priority dispute involving several parties over a $3.2M property located in McLean.

The facts were stacked against the defendant Thuytien Duong and her chances of prevailing during trial were very low. She was accused of fraud, breach of contract, breach of warranty and unjust enrichment. Client was also the owner of the title company, PTC Title & Escrow LLC.

After significant motions practice by all sides, the cross-claimants dropped several causes of action against Duong. Furthermore, during discovery, defendant successfully challenged Everbank's standing to pursue this litigation since it was not the holder of the note. Case settled during discovery very favorably for the defendant, who would have been liable for more than $300K inclusive of all interest, penalties and costs and attorneys' fees. Duong shall only pay $6,240, with monthly installment payments structured over a four-year non-interest bearing note; she was given a full release from Commonwealth Land Title & Insurance Company; she was given a full release from the current home owners of the property. [16-T-069].

Type of action: Real Estate Title Litigation

Offer: None (Our position during trial was that our client will not be extorted

Injuries alleged: Fraud, breach of contract, breach of warranty and unjust enrichment

Verdict or settlement: Settlement

Name of case: Diep N. Vu & Anh Q. Vu v. Thuystien Duong, Kevin Yang, MERS, Inc., Everbank (successor in interest to Fidelity National Bank), PTC Title & Escrow LLC, Hoang Trinh and Thuy Dung Nguyen

Amount: $6,240

Court: Fairfax County Circuit Court
Case no.: 2015-10247

Attorneys for plaintiff: Gary D. Weinstein (for Diep N. Vu and Anh Q. Vu)

Tried before: N/A

Attorneys for defendant: Lisa M. Ernest (for Hoang Trinh and Thuy Dung Nguyen), Faisal Moghul (Counsel for Thuytien Duong)

Name of judge or mediator: Judge John Tran

Plaintiff's experts: none

Date Resolved: March 23, 2016

Defendant's experts: none

Demand: $200,000 plus interest and attorneys' fees

Insurance carrier: Commonwealth Land Title and Insurance Company