Legal Question in Real Estate Law in Virginia

Who can be a trustee on a deed of trust in Virginia? The title agent currently currently listed as trustee may be involved in fraud on this transaction so I need to replace her ASAP. I do not have any funds for an atty. and I have been trying to get help for over a year. But, the trustee definitely has to be changed.

Asked on 8/08/09, 4:43 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Va. Code Sec. 26-48 governs the removal of trustees. A motion for such removal needs to be filed with the appropriate circuit court and credible evidence presented to the court supporting the removal.

The fact that you believe that the trustee in your particular situation "may be involved in fraud"

is unlikely to be sufficient for the trustee's removal without more persuasive evidence on the matter.

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Answered on 8/14/09, 8:03 am

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