Substitute Trustee Is A Nominal Party, Judge Finds, Denies Motion To Remand

Mealey's (July 8, 2019, 1:24 PM EDT) -- RICHMOND, Va. — A federal judge in Virginia on June 11 refused to remand a man’s lawsuit against his mortgage lender and a substitute trustee, finding that the substitute trustee was fraudulently joined as a defendant because it had not yet initiated foreclosure proceedings against the plaintiff (Joseph O’Carroll III v. JP Morgan Chase Bank N.A., et al., No. 19-cv-115, E.D. Va., 2019 U.S. Dist. LEXIS 98437)....