Real Estate Law
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Someone(not me, not the Trustee) made alterations after it's execution and the notary return of the package to the mortgage broker but before it's filing at courthouse. I was never notified that a change had been made, I found it at the courthouse. In VA the trustee must be a VA resident. 1st paragraph states ...This DOT is given by Vic as borrower (trustor) to John as Trustee.
Later in section noted as "Definitions" it is typed
(D) Trustee is John 101 ln Charlotte NC
then stricken through and hand written change to
All subsequent court filings cite the DOT executed on xx-xx-xxxx with Richard as Trustee. Including the foreclosure advertisement and the notice to me of the sale. I'm still living in my house as I do not think they had a valid DOT on which to foreclose. The underlying debt was discharged in Chapter 7 bankruptcy. I need specific VA law info.
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.
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Thank you. Based on the handwriting and the other note on the DOT I believe it was an employee of the mortgage broker who made the alteration on the DOT. The DOT was not filed at the courthouse until almost a full month after execution, giving plenty of time for an actual correction to be made, rather than altering the document. I am looking for an attorney to bring suite, do you practice in VA?
Can you provide the VA code section upon which the grounds for fraud would be based? I want to make sure I am clear on this. Are you saying that if my statements are correct that I would move the court to void the DOT based on the fraudulent change in trustee by a person other than a proper trustee under 55-59 ( 9) ?
§ 18.2-172. Forging, uttering, etc., other writings.
If any person forge any writing, other than such as is mentioned in §§ 18.2-168 and 18.2-170, to the prejudice of another's right, or utter, or attempt to employ as true, such forged writing, knowing it to be forged, he shall be guilty of a Class 5 felony. Any person who shall obtain, by any false pretense or token, the signature of another person, to any such writing, with intent to defraud any other person, shall be deemed guilty of the forgery thereof, and shall be subject to like punishment.
You are saying the signature on the DOT was forged because it was changed after signing, so this is the charge and forgery is a fraud.
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