Jonathan Fink, Esq. and
Phillip M. Adleson, Esq.
In a victory for Trustees, the California Court of Appeal has issued a favorable opinion in the case of Torigian v. WT Capital Lender Services. UTA had filed an amicus brief (by Robert Finlay, Esq., and Jonathan Fink, Esq., with Wright Finlay & Zak) and Phillip Adleson, Esq., and Lisa Parrella, Esq. of Adleson, Hess & Kelly had filed an appeal on behalf of the defendant.
The case involved a trial court awarding over a hundred thousand dollars in attorney fees against a Trustee who recorded a Notice of Default when the borrowers had successfully contended the note had been paid in full. Because the trustee remained neutral in the litigation even after the borrower objected to its declaration of nonmonetary status, the court of appeal reversed finding the trustee was the prevailing party and should be awarded attorney’s fees. UTA has now requested for publication of the opinion.
UTA is requesting that Members request publication of the decision. It is critical to trustees, foreclosure agents and others in the default services industry that the Torigian case be published. Please read the Request for Publication letter prepared by UTA Counsel, Phil Adleson, below. (Note specific directions and deadlines.)
Request for publication letter prepared by UTA
Generic request for publication letter