Opinion
Civ. No. 11-3078-PA
08-08-2011
DAVID M. DEBO and MAUREEN M. DEBO, Plaintiffs, v. BAC HOME LOANS SERVICING LP and RECONTRUST COMPANY, N.A., Defendants.
TEMPORARY RESTRAINING ORDER
PANNER , J.
Plaintiffs seek an ex parte temporary restraining order to enjoin the foreclosure sale of their house. Plaintiffs allege the house is scheduled for a foreclosure sale on August 10, 2011 and defendants have not complied with the legal requirements for a valid non-judicial foreclosure. Specifically, plaintiffs allege defendants failed to record all assignments of the trust deed in the county land records prior to initiating the foreclosure proceedings. In Oregon, a party initiating non-judicial foreclosure proceedings must record all assignments of the trust deed. ORS 8 6.735(1); Hooker v. Northwest Trustee Services, Inc., 2011 WL 2119103, *3 (D. Or. May 25) (citing Burgett v. MERS, 2010 WL 4282105, at *2 (D. Or. Oct. 20) and In 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. Ex. A, 1.)
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 plaintiffs' request for a temporary restraining order (#3). Defendants, and their officers, agents, etc..., and other persons in active concert or participation with defendants, who receive actual notice of this order, are restrained from conducting a foreclosure sale for the following property: 17461 N. Applegate Road, Grants Pass, Oregon, from this day until Thursday, August 18, 2011, at 5:00 p.m. This court will hold a hearing on whether to issue a preliminary injunction at 10:00 a.m. on August 18, 2011, in the James A. Redden Courthouse in Medford.
IT IS SO ORDERED.
OWEN M. PANNER
U.S. DISTRICT JUDGE