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If a deed of trust
has been forged or altered after signing by fraud, this is grounds to void the deed and to also seek to prosecute the party who illegally altered that deed. The burden of proof of the fraud would be on the party alleging the fraud, meaning you would have to prove it was altered after signing (if it was crossed through and not initialed by you and the other party, this is an indication of a fraudulent change).
Virginia Code Section 55-58.1 (2) requires only that a person
named as trustee be a Virginia resident:
No person not a resident of this Commonwealth may be named or act, in person or by agent or attorney, as the trustee of a security trust, either individually or as one of several trustees, the other or others of which are residents of this Commonwealth.
A party secured by a deed of trust has the right and power to appoint a substitute trustee. Va. Code § 55-59 (9). However, this substitute trustee must conform to 55-58.1(2).
Thus, you would have to answer the foreclosure suit in court based on fraud to invalidate the deed of trust and seek to have the foreclosure stopped and the action invalidated based on the invalid and fraudulent DOT.
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