Company:  Kirby & McGuinn APC

Incumbent: Yes since January 2015

UTA Member Since: 1985

UTA Committees Served or Positions Held, or UTA Volunteer: Vice President 2011-2; Member, Board of Directors, 1989-2013, and 2015 to present: Amicus Brief Chair 1998 to present, and State Legislative Chairman, 1989-1992, President, San Diego Chapter 2003-4; Chairperson, Legal Resources Committee, General Counsel 2017; 2004-present; Member, Legal Issues Committee

Biography: Martin McGuinn is a real estate and creditors' rights litigator who focuses his practice in the representation of lenders, loan services, receivers and trustees in complex bankruptcy, foreclosure, title and lender liability litigation, including class action suits in state and federal courts throughout the State of California. He Has been rated by his peers as AV preeminent rating in Martindale Hubbell for over 20 years and selected as a Super Lawyer in Real Estate (Southern California Edition) 2009 to present. Mr. McGuinn received a Juris Doctor degree from California Western School of Law in 1978. He received a Bachelor of Arts degree from Northwestern University in 1975.

He authored the amicus brief filed on behalf of UTA and other trade organizations in Nguyen v. Calhoun (2003) 105 Cal.App.4th 428; Bank of America v. La Jolla Group (2005) 129 Cal.App.4th 706; Ung v. Koehler (2005) 135 Cal.App.4th 186; Kachlon v. Markowitz (2008) 168 Cal.App.4th 316 and Biancalana v. T.D. Service Co. (2013) 56 Cal.4th 807. He represented a number of trade associations in the Ho v. ReconTrust (2016) 840 F. 3d 816 as amended 2016 WL 9019610 holding that trustees under deeds of trust conducting a non-judicial foreclosure are not debt collectors under the Fair Debt Collection Practices Act.  

Why I would like to be a member of the Board of Directors and/or my vision for UTA: UTA is the sole organization and voice for individuals and businesses that process the highly technical actions required to process a non-judicial foreclosure which is now used in 37 states. Trustees are protected from adverse legal and legislation actions due to the efforts of UTA and its members. My sole goal is to see that work continued.