Haynes v. TD Service Company et al

Filing 7

ORDER: Granting Motion for a Temporary Restraining Order 2 until 4/21/11 10:30 a.m. This court will hold a hearing on whether to issue a preliminary injunction on Thursday 4/21/11 10:30 a.m. in Medford. Ordered & Signed on 4/7/11 by Judge Owen M. Panner. (kf)

Haynes v. TD Service Company et al

Doc. 7

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
LORI ANN HAYNES, Plainti
v.

s,

Civ. No. 11-3046-CL
TEMPORARY RESTRAINING ORDER

TO SERVICE COMPANY, FIRST FRANKLIN FINANCIAL CORP., RESIDENTIAL CREDIT SERVICES, INC., CHRISTOPHER C. DORR, LLC, and all 0 r rsons or parties unknown a ng any right, title, lien, or interest in rty des De
s.

PANNER, J.
P

i
,t

seek an ex parte temporary restraining sure sale of their house. PIa
i

r to all
t

enjo

house is s 1 ORDER

for a foreclosure sale on April 12, 2011 and

Dockets.Justia.com

fe

has not complied wi

1

1 requirements for a sued is the claim that s of the deed of trust sure at issue. ed of trust at issue,

valid foreclosure. One of the fendants did not record all ass ior to initiating the non-j Considering that MERS is icial on the

intiffs have demonstrated a significant likelihood of success on this c.laim. See Burgett v. Mortg. Elec. Registration Sys., , 2010 WL 4282105 *3 (D. Or. Oct. 20, 2010); In re McCoy, 2011 WL 477820 *3-4 (Bankr. D. Or. Feb. 7, 2011). a notarized affidavit attempts to notify several r a restraining order.

Plaintiffs' counsel fi demonstrating (unsuccess defendants of the mot

IIII IIII IIII IIII IIII IIII IIII
1111

IIII IIII IIII IIII
2 - ORDER

Because of the alleged imminent intiffsl
r~quest

losure sale; I grant
r

for a temporary restraini

(#2).

Defendant, and its officers, agents, etc ... , active concert or participation with actual notice of this order, are restrai foreclosure sale for the followi Ashland, Oregon, from this day until

r persons in s, who receive from conducting a

rty: 343 B Street, sday, il 21, 2011, at

10:30 a.m. This court will hold a
preliminary injunction on
a.m.,

on whether to issue a il 21, 2011, at 10:30

sday,

in Medford. IT IS SO ORDERED.
DATED this

~

day of

iI, 2011.

(}~#lt?~
OWEN M. P1\:NNER U.S. DISTRICT JUDGE

3

ORDER