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Home / Opinion Digests / Substitute trustee can be sued for breach of fiduciary duty (access required)

Substitute trustee can be sued for breach of fiduciary duty (access required)

Because the Eastern District of Virginia has previously recognized a cause of action for breach of fiduciary duty against a substitute trustee, the defendant was not fraudulently joined in the lawsuit. In addition, the defendant could not establish subject matter jurisdiction so the action was remanded to the circuit court. Background Hermenia Harris entered into a mortgage ...