Tag Archives: Trustee

Wrongful Foreclosure Claims for Robo-Signing

Nov 21,2014 / By John Colby Cowherd / No Comment

Among the controversies of the mortgage foreclosure crisis is that of “Robo-Signing.” A homeowner may receive notice that the original mortgage lender assigned their rights under the loan documents to another financial institution. When a representative of a lender signs paperwork to foreclose on a property, how does the borrower (or anyone else) know whether […]

Foreclosures

Dealing With Trust Issues: Fiduciary Duties of Foreclosure Trustees

May 21,2014 / By John Colby Cowherd / No Comment

In Virginia, unlike some other states, a foreclosure is a transaction and not necessarily a court proceeding. A trustee appointed by the lender auctions the property. The proceeds of the sale must be applied to reduce the outstanding loan amount and transaction costs. A Trustee has special duties to the parties as their “fiduciary.” What […]

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