News & Analysis as of

Fiduciary Duty › Deed of Trust

Ward and Smith, P.A.

In Foreclosure, Your Attorney Can Be Counsel or Trustee, But Not Both

Ward and Smith, P.A. on

Five years ago, the General Assembly amended the foreclosure statute to prohibit an attorney who serves as trustee or substitute trustee from representing the noteholder or the borrower during a foreclosure proceeding.  ...more

Patton Sullivan Brodehl LLP

Trustee Has No Duty to “Verify” Validity of Loan Assignment Before Foreclosure

Patton Sullivan Brodehl LLP on

A trustee in charge of administering a trust has many duties. A trustee appointed pursuant to a deed of trust, however, is different.  The duties of a deed of trust trustee are exceptionally narrow. A recent opinion...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

AC35632- U.S. Bank, N.A. v. Foote - Second time is the charm. Defendant succeeded in getting plaintiff’s foreclosure action dismissed for lack of standing due to the inability of the witnesses to establish that the...more

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