UTA-Supported California Legislation Will 'Clean Up' Trustee Requirements

Ronald Roup, Esq.

Led by UTA Legislative Committee Chair, Ron Roup, Esq., Roup & Associates, UTA has developed its California Legislative “Wish List” for 2012.  Among the items the Association – represented in Sacramento by its California Lobbyist, Michael Belote, Esq., of California Advocates – will work toward, include:

• Amending CC 2924h(a) to provide for changing of the sale location. 
  
  
• Amending  CC 2924h(c) regarding the relation-back perfection of sale at 8 am the day of sale in light of the In re Gonzales decision published by Bankruptcy Judge Wallace in Riverside. 
  
  
• Amending CC 2934a(b) to require mailing a substitution of trustee to the prior trustee only if there is a Notice of Default that has not been rescinded. 
  
  
• Amending CC 2924j and CC 2924k to align with the 3 Arch case with mailing requirements and claimants to surplus funds. 
  
  
• Amending CC2924f(b)(2) to clean Up some of the inarticulate language of SB 4 passed last year. 
  
  
• Amending CC2924c(b) by changing the statutory language in the Notice of Default to provide for who to contact instead of the  “Name of beneficiary or mortgagee”.  The legislative intent should be to tell people who to contact instead of the name of the investor. 
  
  
• Amending CC1367.1 to provide a means for homeowner association service of the Notice of Default and Notice of Decision to foreclose when the members are not able to be personally served since publication is not available.

The Legislative Committee reports to the Board of Directors on legislative issues of importance to the mission of UTA and is responsible for submitting its position on proposed legislation to the Board.  If you would like to join UTA’s Legislative Committee, please contact Richard Meyers.