Hartley v. Fed. Nat'l Mortg.

2 Citing cases

  1. Vettrus v. Bank of Am., N.A.

    Case No. 6:12-cv-00074-AA (D. Or. Nov. 5, 2012)   Cited 7 times

    Elec. Registration Sys., Inc., 2011 WL 7024965, *2 (D.Or. Oct. 26, 2011), adopted by 2012 WL 112884 (D.Or. Jan. 12, 2012); Delaney v. OneWest Bank, FSB, 2011 WL 1706735, *2 (D.Or. May 5, 2011) ; Tabb v. OneWest Bank, FSB, 2011 WL 4448752, *8 (D.Or. Aug. 26, 2011)); and McDaniel, 2011 WL 3841588 at *4); see also Durham v. Bank of N.Y. Mellon, 2012 WL 2529188, *2-3 (D.Or. June 28, 2012) . Moreover, Oregon does not recognize a claim for wrongful attempted foreclosure. See Hartley v. Fed. Nat'l Mortg. Ass'n, 2012 WL 775679, *3 (D.Or. Mar. 5, 2012) (citations omitted); Durham, 2012 WL 2529188 at *2; Tabb, 2011 WL 4448752 at *8-9. Thus, because defendants are now pursuing judicial foreclosure, there is nothing left for this Court to do in regard to defendants' allegedly wrongful non-judicial foreclosure.

  2. Oliver v. Delta Fin. Liquidating Trust

    Case No. 6:12-cv-00869-AA (D. Or. Aug. 27, 2012)   Cited 13 times

    In any event, Oregon law does not recognize a cause of action for wrongful attempted foreclosure; by extension, plaintiff cannot sustain a claim for potentially wrongful non-judicial foreclosure based on MERS' role as beneficiary. See Hartley v. Fed. Nat'l Mortg. Ass'n, 2012 WL 775679, *3 (D.Or. Mar. 5, 2012). Third, filing for Chapter 11 bankruptcy does not make an entity cease to exist.