Trustee Sales Prohibited At San Diego Courthouse

UTA requests meeting

By an Order of the Superior Court of California, County of San Diego, issued July 1, in conjunction with the Administrative Office of the Courts who manage the San Diego County Courthouse, “all commercial activities, including trustee sales, being conducted in the exterior area surrounding the courthouse must cease NO LATER THAN AUGUST 31, 2011.” 

The ostensible justification for the ban was “insufficient room available for this purpose, which has resulted in interference with the access needed by persons entering and leaving the building in connection with Court proceedings and business.  In addition, these unauthorized commercial sales have created safety and security hazards for all persons utilizing the facilities.”

UTA has responded with a letter to both the Court and the Judicial Council of California expressing our concerns with the prohibition of trustee sales at the San Diego Courthouse; the problems and expenses associated with moving locations without a phase-in period; the unfair burden trustees bear with respect to such prohibitions; and the tax effect on the County.  UTA also expressed our desire to meet with the Court in order to discuss and produce a fair outcome.

The San Diego Union-Tribune has been reporting on the matter.  In a story dated July 11, the newspaper noted that “Trustee sales and people’s interest in them have exploded since the recession, with attendance increasing from a handful to several dozens during the course of the day since 2008.”  UTA member Michelle Mierzwa, Esq., in-house counsel for Cal-Western Reconveyance was quoted in the story noting that changing the location of trustee sales would cause a detriment to trustee companies, due in part to less exposure.  Michael Roddy, the Executive Officer of the Court, stated that the sales were “commercial activities being conducted on public property.  These sales not only lack proper permits for conducting business in such a manner, they impact court business.”

In a subsequent story, the San Diego Union-Tribune referenced UTA’s letter to the Court, and noted the Association’s perspective: Moving sales will result in fewer bids, and additional costs.

Read the Order from the Court

Read the court’s press release

Read the court’s cease & desist letter

Read the San Diego Union-Tribune’s July 11 story (online version)

Read the San Diego Union-Tribune’s July 11 story (hard copy)

Read UTA’s letter to the Court

Read the San Diego Union-Tribune’s July 21 story