Martin T. McGuinn, Esq.

Vice President, Kirby & McGuinn, APC

Martin McGuinn is a real estate and creditors' rights litigator who focuses his practice in the representation of lenders, loan servicers, receivers and trustees in complex bankruptcy, foreclosure and lender liability litigation, including class action suits.

Mr. McGuinn received a Juris Doctor degree from California Western School of Law in 1978, where he was elected to membership in Phi Delta Phi. He received a Bachelor of Arts degree from Northwestern University in 1975. He has written several amicus briefs on behalf of trade associations involving foreclosure and lenders rights. He has been repeatedly listed in San Diego Super Lawyers magazine in the area of real estate, a designation conferred upon him by nomination of his peers.

Mr. McGuinn is admitted to practice before the courts of California; the U.S. District Court for the Southern, Central, Eastern and Northern Districts of California; the U.S. District Court of Arizona; and the U.S. Court of Appeals for the Ninth Circuit. He is a member of the San Diego County Bar Association; State Bar of California Real Property Section; United Trustees Association f.k.a. California Trustees Association; Mortgage Bankers Association of America; American Bankruptcy Institute; California Mortgage Association; REO Managers Association; and the California Mortgage Bankers Association.

His professional activities include: Member, Bankruptcy Law Section, San Diego County Bar Association; Member, Board of Directors, 1989-2005, Amicus Brief Chair 1998 to present and State Legislative Chairman, 1989-1992, President, San Diego Chapter 2003-4, Chairperson Legal Resources Committee, United Trustees Association fka the California Trustees Association; Member, Legal Issues Committee, Mortgage Bankers Association; Member, Legal Resource Panel, California Mortgage Association; and Member, Loan Servicing Committee, California Mortgage Bankers Association.

Mr. McGuinn has authored many legal articles for real estate-related publications and is a frequent speaker throughout the United States on matters relating to creditors' rights, including the February 2003 and 2005 Mortgage Bankers Association Loan Servicing Conference speaking on Avoiding Risk and Responding to a Crisis in the Servicing of Defaulted Real Estate Loans and New Product Lines: Reverse Mortgages and Interest Only Loans. Mr. McGuinn co-authored for National Business Institute California Foreclosure and Repossession in 1995 and 1999. He authored the amicus brief filed on behalf of UTA and other trade organizations in Nguyen v Calhoun (2003) 105 Cal. App. 4th 706 and Bank of America vs. La Jolla Group (2005) 129 Cal. App. 4th 706 and Kachlon vs. Markowitz (2008) 168 Cal. App. 4th 316. Most recently, Mr. McGuinn has authored the following articles for the United Trustee's Quarterly: If You Promise and the Borrower Relies Promissory Estoppel Applies (2010); Anolik vs. EMC Mortgage, Court Clarifies Language which Describes Breaches in the Notice of Default (2005); Using RESPA to Attack the Validity of Foreclosure Sales, the Saga of Wanger vs. EMC Mortgage (2003); "Avoiding Sanctions for Violation of the Automatic Stay While Defending or Prosecuting State Court Litigation" (2001); "Six Angels v. Stuart-Wright Mortgage, Inc. The End of Relief in Mistaken Bid Cases? (2001); "Holding the Lines of Defense in Foreclosure Litigation" (1998).