Company:  Barrett Daffin Frappier Treder & Weiss, LLP

Incumbent: Yes, I have served on the Board since January 2021

UTA Member Since: 30+ years (may have been short lapses)

Committees and Positions:

UTA Board of Directors (2021-2023)
UTA Chief Financial Officer (2021-2022)
UTA Executive Committee (2021-2022)

Educational Panels:

1992 Annual Conference, “Surplus Funds”
2007 Los Angeles Dinner Meeting, “Proper Care & Handling of Surplus Funds”
2010 Annual Conference, “Navigating Post-Sale Issues”
2012 Annual Conference, “Eviction and Foreclosure Delays”
2013 Dallas Meeting, “Homeowner Bill of Rights”
2013 Annual Conference, “Eviction 101”
2021 Annual Conference, “Post-Moratorium Servicing and Default Management Issues, including CFPB’s 2021 Mortgage Servicing Rule.”
2023 Orange County Dinner Meeting – “Surplus Funds Fraud and Best Practices.”

Publications:

UTA Quarterly (Spring 2010), “Retroactive Perfection and the Automatic Stay.”

UTA Quarterly (Fall 2018), “Unreasonable Delay in Cancelling Sale After Reinstatement May Support FDCPA and UCL Claims.”

UTA Quarterly (Fall 2019), “Prior Loan Modifications Do Not Excuse Compliance With Pre-Foreclosure Contact Requirements Under HBOR for a Subsequent Unrelated Default.”(Reed v. Clear Recon Corp. 2019 WL 1082502 (N.D. Cal. 2019).

UTA Quarterly (Winter 2019), “Federal Court Denies Injunction to Stop Foreclosure Sale When Borrowers Failed to Show Likelihood of Success, and Did Not Make Any Payments for Six Years.” (Peterson v. Wells Fargo Bank, N.A. 2018 WL 1948895 (N.D. Cal. 2019).

UTA Quarterly (Fall 2021), “The Return of Rosenthal Act Claims After Obduskey: Analysis and Comment on Best v. Ocwen Loan Service, LLC.”

Biography:

California licensed attorney since 1984. Admitted to practice law in all California state and federal courts, including the United States District and Bankruptcy Courts for the Central, Southern, Northern and Eastern Districts of California, the United States Court of Appeals for the Ninth Circuit and the United States Supreme Court. Holds AV^® Preeminent^TM Peer-Review Rating for Legal Ability and General Ethical Standards from Martindale-Hubbell.

Managing partner of Barrett Daffin Frappier Treder & Weiss, LLP since 2008 with offices in California, Nevada and Arizona. Has extensive experience handling nonjudicial foreclosures in all of those states, foreclosure-related civil litigation, bankruptcy matters, evictions, title curative actions, distribution and recovery of surplus funds, receivership cases, legislative and administrative hearings, and other default servicing legal matters.

Has lectured on topics relevant to the firm’s practice areas before industry organizations and bar associations. Member of the MBA, CMBA, UTA, ALFN, Legal League 100, and the American Bankruptcy Institute. Texas affiliate is founding member of the USFN.

Why you would like to be UTA board member, and your vision for UTA:

The default servicing industry has changed dramatically in the aftermath of the subprime mortgage industry collapse, the broader financial crisis of 2018 and the COVID pandemic. Foreclosure firms, independent trustees and support vendors struggle to navigate a complex labyrinth of constantly evolving state and federal laws, regulations and compliance mandates while foreclosure referrals remain near historically low levels.

My 39 years of experience in handling nonjudicial foreclosures and related litigation give me a comprehensive understanding of the challenges facing UTA members. As a board member, I will support legislative reforms to strengthen and improve legal protections for trustees, oppose burdensome new legislative mandates, and collaborate with UTA leaders to promote sensible increases in allowable fees. UTA is uniquely positioned to achieve these goals with member support.