UTA Request for Depublication and Hearing in Case
Involving Mistaken Opening Bid Accepted

Phillip M. Adleson, Esq.

In response to a request by UTA to the California Supreme Court that the Biancalana v. T.D. Service case either be depublished or that the Court grant a hearing and decide the case, the court has granted a hearing and review of the case.  “Hopefully, we can get a decision that clarifies when a trustee’s sale may be set aside due to an error in bidding”, said Phil Adleson, Esq., Adleson, Hess & Kelly, UTA’s Corporate Counsel, who authored the Association’s request.

The case involved the Trustee mistakenly instructing the auctioneer to open the bidding at a much lower sum than the actual credit bid submitted by the beneficiary.  UTA’s letter noted that “in keeping with numerous other appellate court decisions … [Trustee] should have been permitted to cancel and re-hold the sale using the correct credit bid submitted by the beneficiary rather than the bid actually used due to mistake of the trustee.”

Read Depublication Request from UTA