“I Want My (Former) Property Back!”: Lien Priority, Merger, Subrogation and the Victory of Full Fait

There is nothing quite like an old-fashioned legal battle over a parcel of valuable land. Add to it the sorting-out of lien priorities, sprinkle in the edicts of a bankruptcy court order, and you have the makings of a case that fosters real forensic creativity in the parties’ claims. On appeal from the Circuit Court of Fairfax County (“trial court”), in Thoburn Ltd. Partnership v. Brisa Fund LLLP, 2019 LEXIS 27 (Va. Sup. Ct., October 24, 2019), the Virginia Supreme Court adjudicated just such a case in a unanimous unpublished opinion. Thoburn Limited Partnership (“TLP”) initially owned the Vienna, Virginia property and thrice borrowed against it. In 1989, TLP’s general partner, John Thobu

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Mr. Thomas serves appellate clients from throughout the Commonwealth of Virginia in Virginia's appellate tribunals, the State Corporation Commission, and the U.S. Court of Appeals for the Fourth Circuit. 

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