California Appeals Court Opinion Sides With UTA Amicus Brief in Case Involving Attorney Fees
In a victory for Trustees, the California Court of Appeal has issued a favorable opinion in the case of Torigian v. WT Capital Lender Services.
Irony In Funding Affordable Housing
Like so much in life, including nonjudicial foreclosures, the legislative process in California moves from a series of deadline to deadline. During the first part of the year, the end of February deadline is to have new bills introduced for the year.
Affordable Housing Laws May Presage Foreclosure Activity
As part of the on-going discussions around foreclosure law, issues around housing affordability are often raised.
New Supreme Court Case of Bank of America N.A. v Caulkett: A “Tempest in a Tea Pot” or New Opportunity for Secured Creditors?
The recent opinion of the Supreme Court case of Bank of America, N.A. v Caulkett (United States Supreme Court, Docket # 13-1421, decided June 1, 2015), denied claims by a debtor that a wholly unsecured second position lien could be avoided/stripped in a Chapter 7 proceeding.
Nevada Requires Posting within 5 Days of NOS
A new law, signed by Nevada Governor Brian Sandoval, adds the following posting requirement after recording the TDUS: “Within 5 days after recording the trustee’s deed upon sale, the trustee or successful bidder, whoever recorded the trustee’s deed upon sale pursuant to subsection 10, shall cause a copy of the...
FHA Issues New Reverse Mortgage Rules To Keep Non-Borrowing Spouses in Homes After Surviving Borrower Dies
The Federal Housing Administration (FHA) announced changes to its reverse mortgage program designed to keep non-borrowing spouses in their homes after the last surviving borrower dies. Earlier this year, FHA issued guidlines that allows FHA-approved lenders to delay foreclosure proceedings against non-borrowing spouses in the event of the death of...
Eight UTA Members Are Certified Trustee Sale Officers
UTA held its Level I Certification class for California on May 30, 2015 in Santa Ana. The class was taught by UTA President, Randy Newman, Esq., Total Lender Solutions. Congratulations to the following eight UTA members who passed the exam and received their Level I certification from UTA. They are...
UTA Amicus is Victorious in Washington
The Western District Court of Washington has reversed the Bankruptcy Court’s decision in Meyer v. U.S. Bank in its entirety. UTA had filed an amicus brief in the case. Ann Marshall, Esq., of Bishop, Marshall & Wiebel, filed the brief on behalf of the Association.
Change Your Arizona Foreclosure Documents Before The Fourth of July, 2015!
Through a compromise or concession, depending on your viewpoint, the new version of the Arizona statute that defines the required content of your Notice of Sale now includes the following additional warning language.