New Case: Trustee and Lender Have Qualified Privilege to Record Foreclosure Documents

Martin T. McGuinn By Martin T. McGuinn, Esq., Kirby & McGuinn, UTA Corporate Counsel Raymond A. Schep v Capital One, N.A. (Second District 6-26-17): This breaking news the trustee and lender have at least a qualified privilege to record foreclosure documents.  The Court of Appeal framed the question on appeal...

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Request for Publication in Surplus Funds Distribution Case Denied

UTA requested that the California Court of Appeal order the publication of the court’s decision in R.E.F.S. Inc. v. G Gregory Williams, et al case.  That request was denied. The R.E.F.S. Inc. decision provided clarity for trustees to make the distribution of surplus funds without incurring liability to the purchaser. ...

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UTA Nevada FMP Dinner Event PowerPoint Presentation Available

Forty-Five attendees learned some of the details – and some of the unresolved issues – of the new Nevada Foreclosure Mediation Program, in an informative and efficient presentation in San Diego from UTA’s Nevada Representatives, Michael R. Brooks and Ramir (‘Rami’) M. Hernandez, of Brooks Hubley.  The event was sponsored...

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Bring in Two New Members And Your Conference Registration is Comped!

UTA is offering a great way to get your conference registration comped. “For every  two new voting members (who were NOT members in 2016) recruited between now and August 1st, the recruiting member’s 2017 Annual Educational Conference fees will be COMPED by the United Trustees Association” said Susan Pettem, UTA’s...

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Nevada Foreclosure Mediation Bill Is Signed By Governor Sandoval

By Ramir Hernandez, Esq., Brooks Hubley On June 12, 2017, Governor Brian Sandoval of Nevada signed SB 490, a bill that resurrects the previously scheduled to sunset Nevada foreclosure mediation program.  The state’s original foreclosure mediation program was established in 2009 and administered by the Nevada Supreme Court.  The new...

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The Impact Of Supermajorities In California

By Michael Belote, Esq., California Advocates, UTA California Representative For those even casually following California politics, the November 2016 general elections moved an already blue California to electric blue, neon blue, pretty much the bluest blue you can imagine.  Both the California Senate and Assembly are now constituted with two-thirds...

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Negotiations Stall on NationStar Fix, Funding for the Foreclosure Fairness Act

By Holly Chisa, UTA Washington Lobbyist, HPC Advocacy After eight months of negotiations, hours of discussions, and input from stakeholders across the financial spectrum, it appears no agreement will be reached on a solution for the Jordan vs. NationStar case.  Without resolution to this issue, there will also not be...

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Nevada Foreclosure Mediation Bill Update

By Ramir M. Hernandez, Esq., Brooks Hubley, LLP UTA Nevada Representative SB 490, the Nevada Foreclosure Mediation Bill, continues to make the rounds through the legislature as sine die approaches on June 5, a mere 18 days from today. Initially, the bill would have moved the program, which is set...

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UTA Requests Publication of Court Decision In Surplus Funds Distribution Case

UTA has requested that the California Court of Appeal order the publication of the court’s decision in the R.E.F.S. Inc. v. G. Gregory Williams, et al case.  The R.E.F.S., Inc. decision provided clarity for trustees to make the distribution of surplus funds without incurring liability to the purchaser. Read UTA’s...

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Texas Legislation Addresses Trustee Delegation of Functions to Auction Companies and Attorneys

Legislation has been introduced in Texas (HB 1470 / SB 1405) that addresses trustee delegation of certain functions to auction companies and to attorneys.  UTA has taken a neutral position on this legislation.  The House Bill has unified with the Senate Bill which has been recommended by the Senate to...

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