DOC Adopts Most of UTA's Recommendations Regarding AB 1599 Compliance

DOC adopts UTA Recommendations

The Department of Corporations (DOC) has adopted most of UTA’s recommendations as part of its opinion regarding compliance and the implementation of AB 1599 (Civil Code § 2923.3) which dealt with NOS/NOD translations. 

Over 30 UTA members participated in an ad hoc working group to discuss AB 1599 compliance issues and potential solutions.  UTA’s Corporate Counsel, Phil Adleson, Esq., Adleson, Hess & Kelly, communicated with the DOC and with the County Recorder’s Association trying to work out problems that might occur on April 1, 2013 when AB 1599 became effective.  UTA had provided DOC with a number of suggestions to make compliance easier, such as translation revision dates on the forms and website, and instructions in English for filling out the foreign forms.

Although the DOC written opinion is somewhat after the fact, it confirms some of the conclusions the UTA Board and the UTA ad hoc committee came to and allows UTA members to confirm that they have adopted the appropriate steps to comply with AB 1599.

With respect to the Notice of Sale, Summary of Key Information, all of the forms included with the DOC letter appear to be the most recent ones on the DOC website (although the DOC website shows the Vietnamese translation as revised on 4/30 but the copy available was revised 4/18 as is the version included with the DOC letter).

Please note that the following letter from DOC is not an interpretive opinion and has no binding legal effect.  At this point it is merely a statement of policy of the DOC at this point.

Read letter from the DOC to UTA (with detailed attachments) regarding compliance issues raised by UTA

Read UTA’s original letter to DOC

Read the DOC website

Read previous eNews story regarding AB 1599