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> “In fact the Trustee has nothing to do with foreclosures.”
That depends on how the case is titled & filed. I’ve been working on 2 foreclosure cases in NC & one in SC where the Trustee was specifically named. For example;
U.S. BANK, N.A., Not in its individual capacity,
but solely as Trustee for the RMAC TRUST,
Series xxxxxxx,
vs.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
We can find no record that the “Trust” even exists as a legal entity & US Bank admits it is not the “holder” of the (promissory) Note, so those are issues for trial, but the identity of the Plaintiff is clear — the Trustee. And in NC, what you usually see is a “Substitute Trustee” bringing a foreclosure action, on behalf of the entity which claims to be the noteholder. If the foreclosure action is successful, it is the Substitute Trustee which sets the foreclosure sale date & is the seller.
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