[CLBS] Fwd: Idaho Trust Deeds Act amendment

[Robert Maynes]

Dear List Mates,
I received the email inquiry below due to my current service on the Section Board.  Thus, I’m sharing via the list serve to see if any one has any thoughts, comments or concerns in response.
Kindest regards,
Rob



> Begin forwarded message:
> 
> From: David Swartley <dswartley at McCarthyHolthus.com>
> Subject: Idaho Trust Deeds Act amendment
> Date: August 2, 2016 at 3:17:53 PM MDT
> To: "mayneslaw at hotmail.com" <mayneslaw at hotmail.com>
> 
> Robert,
> I am trying to get the attached amendment in front of the legislature next session and have been reaching out to groups that may have an interest in it for a preview and get comments on it.  I’m not sure if the Commercial & Bankruptcy Section will have much to say about it but aside from the Real Property Section, this section is the only other section that might.  Therefore I’m reaching out to you.
> Essentially the reason for the proposed amendment is to allow law practices to act as a trustee of a trust deed rather than only individual attorneys licensed by the state bar.  As I.C. § 45-1506 currently provides, title companies, banks and savings and loans may act as trustees of a trust deed, but the statute does not prescribe which individuals at title companies, banks and savings and loans make execute documents and perform the duties of the trustee and, therefore, any authorized person at a title company, bank or savings and loan may execute documents, etc.  My proposed amendment would revise that.
> If you have any comments or concerns, please let me know.  
> Thanks for your time, Robert.
> David
>  
> David M. Swartley | Attorney | Member State Bar of ID
> McCarthy ♦ Holthus LLP
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