UTA to File Amicus Brief in Case Involving § 2923.5

UTA is filing an amicus brief in the case of Mabry, Ocampo and Esobedo v. Carrington and the Association is seeking funds to support the Brief. The Brief will be filed by Robert Finlay, Esq., of Wright, Finlay & Zak.

The case may set a precedent that would unfairly increase costs to Trustees. The key issue in the Mabry case for the trustee industry is whether the § 2923.5 Declaration that accompanies the NOD, must be signed under penalty of perjury. The lack of guidance on this issue has left the trustee world confused and divided. If the § 2923.5 Declaration must be signed under penalty of perjury, it is practically impossible to embed within the NOD, necessitating a separate declaration signed by the client. Getting the client to sign the declaration is time consuming and labor intensive. In other words, the separate declaration increases the cost to the trustees. In addition, a separate declaration results in delay and can negatively impact timelines. On the other hand, not providing a separate declaration signed under penalty of perjury, exposes the trustee to repeated litigation and potential exposure on a mass scale. Trustees are left to weigh the risks versus costs of the two alternatives.

A decision one way or another on this issue would be better than the current state of unknown. But, a decision that the § 2923.5 Declaration does NOT have to be signed under penalty of perjury, would save trustees hundreds of thousands of dollars in litigation and labor costs. For this reason, the issue in the Mabry case is one of the most important, if not the most important, issue affecting trustees today. And, with any Legislative action unlikely, the Mabry Writ may be our best chance of getting a favorable decision in the immediate future.

We Need Your Help Now!

The United Trustees Association will be filing an amicus brief on this case. We estimate that we will need to raise $10,000 for this endeavor. As UTA’s budget does not include funds for this critical and important effort, UTA cannot proceed without substantial contributions from its members and supporters. UTA urges all members and supporters to immediately contribute to our amicus brief fund for this important effort. If you do not help UTA now, it is realistic to assume that you will potentially have to pay tens of thousands of dollars over the next several years in labor costs alone in pursuing client signatures on the declaration that accompanies the NOD.

Contributions can be made as follows:

Attention: UTA Amicus Brief Fund
United Trustees Association
2030 Main Street, Suite 1300
Irvine, CA 92614