Can a deed of trust trustee be sued for anything at all in Texas ?
Sometimes I get confused because I tend to believe that somehow this trustee is a neutral position, but the way lenders get sued for the trustees, it seems to me that Trustees are the representative/nominee of the lenders.
1 attorney answer
Texas law provides that Trustees are generally not liable for their "good faith errors," and further, Texas Trustees are, by statute, not "held to the obligations of a fiduciary of the mortgagor or mortgagee." See TPC 51.007(f) and 51.0074(b)(2): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.51.htm. And further to your Q, yes -- some Trustees will not foreclose without first obtaining full indemnification from the foreclosing lender in case the Trustee is sued.
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