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The Enemy... Snake in the grass... Black Widow Nest

May 12, 2015

For those of you who dont know... there is UTA. United Trustees Association. It is one of the Black Widow nests we are up against in our fight that we dont even know about.

It has an extremely powerful lobbying influence in CA Foreclosure law (and a number of other states) . It influenced Home Owner's Bill of Rights.

United Trustees Association Warns Foreclosure Regulations Will Hurt California's Housing Market

Many of its prominent board members are and most of its elite members are foreclosure mills.

They wrote the Amicus Brief contrary to the AG Kamala Harris' Amicus Brief.

UTA Submits Amicus Brief in Case Involving Title Claim

April 27, 2015

UTA has submitted an amicus brief in the case of Yvanova v. New Century Mortgage Corporation. The brief was drafted and filed by Jonathan D. Fink, Esq., Wright Finlay & Zak, on behalf of UTA/ United Trustees Association.

The amicus brief asserts that it would be contrary to law and public policy to allow a borrower, as a non-party to the securitization and assignment, to attack those agreements.

  • Allowing borrowers standing would upset the careful balance crafted by the Legislature in enacting the non-judicial foreclosure laws and any change in that balance should come from the Legislature not the Courts;
  • The typical “defects” claimed by borrowers would, even if true, merely render the transaction voidable, not void;
  • Only parties to the agreements have the right to avoid a transaction that is merely voidable;
  • The challenged transactions do not result in any prejudice to the borrowers; and
  • Allowing borrowers standing to challenge the securitization and assignment would create considerable additional expense and uncertainty and have potentially damaging effects on the economy.”

Read UTA’s amicus brief.

 

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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