Legal Question in Real Estate Law in Virginia

On my Deed of Trust the Trustee and the Lender are at the same address. I live in Virginia(my property is in VA), the Deed of Trust was signed in Virginia although it says on the Deed of Trust "Beneficial Mortgage Co. of Virginia a corporation organized and exisitng under the laws of Delaware...."

Under Virginia code 10VAC5-22-150, the trustee should have a separate office. It doesn't seem right because the trustee is supposed to be a neutral party, How can that be if his address is the same. (btw, There is not an upstairs) Anyway, is this a RESPA or TILA violation? or any type of law or code broken here?


Asked on 7/23/09, 2:54 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

The fact that the trustee and the lender have the same address doesn't necessarily prove that in fact they do not have separate offices. Before speculating on any possible violations of any laws that might apply, you would be well advised (in my opinion)to make a more definitive determination on the issue of just who is occupying precisely what space(s) and where.

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Answered on 7/30/09, 10:12 am


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