UTA Requests Publication of First Fed Bank of California Case

The UTA has requested publication to the court regarding First Federal Bank of California v. Rockefeller Laurel.  Martin McGuinn, Esq., of Kirby & McGuinn, UTA’s Legal Resources Chair, called the decision, “a good decision out of the Appellate Division of the San Joaquin Superior Court holding that Civil Code Section 2923.5 has a limited remedy which can only be utilized by borrowers prior to the foreclosure sale taking place.”

Robert Finlay, Esq., Wright Finlay & Zak, a Director on the Board of UTA, submitted a request for a published opinion with the Appellate Division of the Superior Court in California in the case.

In the letter to the court on behalf of UTA, Finlay requested publication based on the need to clarify the rules regarding whether a defendant in a post-foreclosure unlawful detainer action may raise alleged non-compliance with newly enacted Civil Code  § 2923.5 as a defense.