Stanislaus County, CA Seeks To Move Auctioneers From County Courthouse Steps

UTA Suggests Compliance

Stanislaus County (CA) has requested that the posting and publishing community not conduct their auctions at the bottom of the County Courthouse steps on the street side because it restricts traffic going in and out of the courthouse. While this potentially restricts member companies’ ability to conduct sales for Trustees in that County, UTA’s Legal Resources Committee recommends that members simply tweak the language of their NOS to comply. “The membership’s NOS language that I reviewed for Stanislaus County is not a problem for trustees requiring a new NOS because the place where the sale is noticed is in the same general location where the sale will be conducted,” said Martin McGuinn, Esq., Kirby & McGuinn, Chair of the Association’s Legal Resources Committee. “By simply moving the sale to the lawn, Posting & Publishing companies will be able to easily comply with the County’s request. Each trustee should check its notice of sale for Stanislaus County and discuss the issue with its posting and publishing company to confirm where the trustee’s sales are being conducted.”

UTA is contacting the County for the purpose of notifying the County that the Association’s membership is aware of the County’s concerns and that members will conduct sales near the Courthouse, but not directly on the County steps. If UTA members’ NOS’ state specifically that the sale will be conducted on the courthouse steps and that a transition to a new location is necessary, then members are encouraged to write the court explaining the issue and requesting a little indulgence until the new NOS can reflect the preferred site.”