IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
BILL R. LEEP and JACQUELINE WATTS LEEP, Plaintiffs.
v.
THE BANK OF NEW YORK MELLON and RECONTRUST COMPANY, N.A., Defendants.
EXCERPT:
Because of the alleged imminent foreclosure sale, and because the presence of MERS demonstrates a high probability that defendants did not comply with the recording requirements of the Oregon Trust Deed Act, I grant plaintiff’s request for a temporary restraing order (#3).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
REBECCA FISHER and TRAVIS FISHER,
Plaintiffs
v.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., (“MERS”) a Delaware Corporation;
RECONTRUST COMPANY N.A., (“ReconTrust”) a wholly owned subsidiary of Bank of America Corporation
(“BAC”) a Delaware Corporation’
Defendants
EXCERPT:
Plaintiffs allege defendants have not complied with the legal requirements a valid non-judicial foreclosure. Among other allegations, plaintiffs allege defendants failed to record all assignments of the trust deed in the county land records prior to initiating the foreclosure proceedings. (Compl. ~ 22.) In Oregon, a party initiating nonjudicial foreclosure proceedings must record all assignments of the trust deed. ORS 86.735(1); Hooker v. Northwest Trustee 2011 WL 2119103, *3 (D. Or. May 25) (citing Burgett v. MERS, 2010 WL 4282105, at *2 (D. Or. Oct. 20) and re McCoy, 2011 WL 477820, at *3-4 (Bankr. D. Or. Feb. 7)). Plaintiffs allege MERS is listed as the beneficiary on the deed of trust at issue. (Compl. ~ 4.)
Because of the alleged imminent foreclosure sale, and because the presence of MERS demonstrates a high probability that defendants did not comply with t recording requirements of the Oregon Trust Deed Act, I grant plaintiff’ request for a temporary restraining order.
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