September, 2011
UTA Requests Publication of Barrera Decision  Martin T. McGuinn, Chair Legal Resources Committee UTA has requested publication of the Barrera v. Wells Fargo Bank decision. “Publication will clarify a decision seemingly limiting the use of recorded documents as judicial notice,” said Martin T. McGuinn, Kirby & McGuinn, UTA’s Vice President and Chair, Legal Resources Committee. “Publication will clarify that the substitution of trustee if the trustee is not the trustee at the time the NOD is recorded would not affect the validity of the sale, if the trustee is in place at NOS and sells the property.” Publication will also clarify the recently published Herrera v. Deutsche Bank National Trust Company opinion. Another recent case dealing with judicial notice was Fontenot v. Wells Fargo Bank, N.A. |