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...

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...

UTA’s Nevada Representative, Rami Hernandez, summarized legislation (AB 169) in the Nevada Assembly that would make revisions to the recording statutes affecting the public recording of documents. “First, the bill allows County Recorders to accept and record documents that do not meet the formatting requirements.  Additionally, the bill revises the...

Martin T. McGuinn, Esq., of Kirby & McGuinn, will serve as UTA’s General Counsel.  The position had been held by Phil Adleson for decades.  Adleson, passed away on March 1st. McGuinn has served the association for decades as a Board Member and Chair of the Legal Resources Committee, overseeing UTA’s...

The 2017 Directory is now available to members only via an online .pdf. The Directory includes a listing of members alphabetized by both last name and by company name; a list of members certified in each state in which UTA provides certification; The Board of Directors; Five-Star Member companies; and...

50 attendees enjoyed an informative dinner presentation on April 20th on FCCPA and the Impact on Foreclosure Trustees and Successors in Interest, led by Dean T. Kirby, Esq., Kirby & McGuinn and Kayo Manson-Tompkins, Esq., The Wolf Firm. The presentations and q & a addressed FDCPA issues such as ‘what...

UTA’s next dinner event will be held on June 21st from 5:30 pm – 7:30 pm in San Diego at the Hilton San Diego Mission Valley.  The topic will be the Nevada’s legislation, SB 490 – the Revised Nevada Mediation Foreclosure Program and how it will operate under new law...

Ninth Circuit Gives Good News on Ho v ReconTrust and Mixed Results in Dowers v Nationstar Mortg. LLC.[1] By Martin T. McGuinn, UTA General Counsel, Kirby & McGuinn On May 22nd the Ninth Circuit issued its amended Ruling in Ho v ReconTrust 2016 WL 9019610 (9th Cir.) confirming its prior...

By Michael R. Brooks, Esq., Brooks Hubley UTA Nevada Representative The ongoing litigation surrounding homeowners associations’ superpriority lien rights is now five years old and still going strong. The biggest news is that the resolution of the issues surrounding HOA assessment liens may rest with the United States Supreme Court...

A foreclosure mediation bill has been drafted in Nevada.  The bill would revive the program.  Here is a summary of the bill, as provided by Ramir M. Hernandez, Esq. of Brooks Hubley, LLP, UTA’s Nevada Representative: 1)      The program would be administered by the Housing Division rather than the Supreme...