UTA Contacts Contra Costa County

UTA has asked for a delay
and for alternatives

UTA has contacted Presiding Judge Barry Goode of the Contra Costa County California Superior Court to address the court’s prohibition of nonjudicial sales at the courthouse.  Sales will soon have to be set somewhere for after the February 15, 2014 deadline to find an alternative site to the courthouse. 

In a letter to the Judge, UTA requested that the Order be withdrawn, amended or modified for at leat three more months to allow for a smooth transition to a new location.

As background, UTA noted 'the inability of trustees to conduct sales at the Courthouse will … have several negative impacts on the willingness of some lenders or mortgage servicers to extend loan modifications to borrowers. As a consequence of the Court's Order, where a forclosure sale has been postponed (or where it will be postponed) beyond February 15, 2014 for whatever reason (bankruptcy, postponement, forbearance agdreement, modification, etc.) rather than just postpoingn the date at the current location, the trustee will be requiredd to totally redraft the notice of sale, mail it, post it on the property, post it in a public place and republish it. There is no procedure in the Civil Code to postpone to a new location without totally republishing and processing a notice of sale.

The Association suggested that the Court allow sales at the Courthouses but limit[ing] sales to two or three days per week and asked the court to work with UTA to find a suitable alternative site of sales cannot be held at the Courthouses.

The letter was drafted by Stephen T. Hicklin, Esq., General Counsel, Northwest Trustee Services, Inc; FEI, LLC; RIM Publications; Phillip M. Adleson, Esq., Adleson, Hess & Kelly, UTA Corporate Counsel, and Michelle Mierzwa, Esq., National Managing Attorney – Nonjudicial Foreclosure, Butler & Hosch.

Read the letter