Galloway v. Cinello

MILLER, Justice:

This case comes before us through a certified question from the Circuit Court of Brooke County pursuant to W.Va.Code, 58-5-2 (1967), 1 and Rule 13 of the West Virginia Rules of Appellate Procedure. 2 We are asked to decide whether an attorney may be held liable to the beneficiary of a deed of trust where the attorney acted as the notary and as the trustee of the deed of trust. In the case at bar, this dual role resulted in the underlying debt losing its secured status in bankruptcy court. 3

I

The petitioner, William Galloway, is an attorney at law. On January 3, 1990, Clarence…