Legal Opinion
Warner v. The Money Store Investment Corp.
Supreme Court of Virginia
Decided October 31, 1997No. Record 970243PublishedCited by 7 opinions
1Opinion of the CourtChief Justice Carrico
The question for decision in this case is whether a trustee under a deed of trust owes a fiduciary duty to the guarantors of the debt secured by the deed of trust. The question stems from the filing on July 2, 1996, of an amended bill of complaint by John D. Warner, Jr., and Mary T. Warner (the Warners) against Lewis H. Clementson (Clementson) and several other defendants.
In Count II of the amended bill, the Warners alleged that Clementson owed them a fiduciary duty in the handling of a foreclosure sale he conducted as substitute trustee and that he had breached that duty in several respects.…
2Cases cited14 opinions
- CaterCorp, Inc. v. Catering Concepts, Inc.Supreme Court of Virginia · 1993
- Manufacturers Hanover Trust Company v. Nicholas Yanakas, Charles Buonincontri and Camille BuonincontriCourt of Appeals for the Second Circuit · 1993
- Rosillo v. WintersSupreme Court of Virginia · 1988
- Miller v. U.S. BankCourt of Appeals of Washington · 1994
- Farmer City State Bank v. GuingrichAppellate Court of Illinois · 1985
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3Cited by7 opinions
- Lee v. LPP Mortgage Ltd.Wyoming Supreme Court · 2003
- Hien Pham v. Bank of New YorkDistrict Court, E.D. Virginia · 2012
- Fedewa v. J.P. Morgan Chase BankDistrict Court, E.D. Virginia · 2013
- Mayo v. Wells Fargo Bank, N.A.District Court, E.D. Virginia · 2014
- Sentry Insurance v. United States Fidelity & Guaranty Co.Richmond County Circuit Court · 2000
2 more not listed; retrieve them via the Exa API.