Will The Niday & Brandrup Rulings Change How Foreclosures Are Conducted In Oregon? Not Likely!


Will The Niday & Brandrup Rulings Change How Foreclosures Are Conducted In Oregon? Not Likely!

Will The Niday & Brandrup Rulings Change How Foreclosures Are Conducted In Oregon? Not Likely!


Background. As mentioned in an earlier post here, the Niday case, which I have previously commented on here and here as it was winding its way up the appellate process, and its companion case, Brandrup, were recently decided by the Oregon Supreme Court.

Brandrup presented to the Court four “certified questions” for the judges, sitting as a full panel “en banc”, regarding MERS and its role as henchman for the Big Banks in the Oregon trust deed foreclosure process. The Brandrup opinion is found here.
Niday, was decided based of the Court’s answers to the certified questions in Brandrup. The Niday opinion is found here.

Before commenting, I have set forth below, the text of the questions and Court’s answers in Brandrup. In an effort to provide a “scorecard”, I have commented in bold text below the questions and answers.

Oregon Supreme Court Decision – Brandrup.


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2 Responses to “Will The Niday & Brandrup Rulings Change How Foreclosures Are Conducted In Oregon? Not Likely!”

  1. The Bains V MERS case has made no difference in the State of Washington. Judge Dixon told a lawyer I know personally the Bains case law is not significant in his court room. No homeowner and their lawyer have gotten past the bank goally blocker judge Pechman for any reason. Due process and constitutional law do not exist in Washington State. One of the federal questions in the Bains case was does the rule of law still stand in Washington State? Pretty telling question. It obviously only stands in the WA Supreme Court. The rule of law and standing case law only stand in a few courts here. One attorney tells me it is a crap shoot to find a judge that goes by the due process and the rule of law in Washington state. This attorney tells me the courts are corrupted beyond regognition here in the state of Washington. The judges are blocking justice and enabling the theft of homes by fraud assignments and the wrong parties. Then our senators Pam Roach Steve Hobbs Roger Goodman Joe Fain, Mark Mullet(who came from the banking world) passed bill SB 1435 allowing title companies to reconvey title without authentic notes and proof of real parties of interest. Admitting the problem is in the securities pools and unfix able, the lenders do not know who owns the notes. So I guess any thief with a bank title can come in and steal any house just as they have been doing, wither it is paid for or not, and no teeth in the game. It is a lottery pick here in Washington for the banksters. The Wild Wild West and wild deeds again. No rule of law and no justice. We are a bunch of cowboy, cowgirls and sheeple being rustled by the banks.

  2. Forgot to add Don Benton to the senator list that passed SB 1435. Govenor Inslee signed it into a bill. The Governor whom claimed he believes the banks are not the victims the people are. He may believe it and know it, but he is enabling it not stopping it. At least he admits we are being victimized. The last one did not and neither did AG Rob McKenna. Rob McKenna took campaign funds from NW Trustees until I and Dave Krieger exposed him in public. http://seattletimes.com/html/localnews/2017517267_mckenna16.html Refunded just days after we exposed it and I sent him an email of the exposure.


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