UTA has asked for a delay and for alternatives
In a letter to the Judge, UTA requested that the Order be withdrawn, amended or modified for at least three more months to allow for a smooth transition to a new location.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 foreclosure sale has been postponed (or where it will be postponed) beyond February 15, 2014, for whatever reason (bankruptcy, postponement, forbearance agreement, modification, etc.) rather than just postponing the date at the current location, the trustee will be required 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.