Pearson, et al v. BAC Home Loans Servicing, LP et al

Filing 6

ORDER: Granting Motion for a Temporary Restraining Order 3 . Hearing is set for 11/16/2011 at 09:45AM in Medford Courtroom before Judge Owen M. Panner on whether to issue a preliminary injunction. Signed on 11/3/2011 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JAMES PEARSON and EILEEN
PEARSON,
Plaintiffs,

Civ. No. 11-3131-CL
TEMPORARY RESTRAINING ORDER

v.

BAC HOME LOANS SERVICING LP
and RECONTRUST COMPANY, N.A.,
Defendants.

PANNER, J.

Plaintiffs seek an ex parte temporary restraining order to
enjoin the foreclosure sale of their house. Plaintif

allege the

house is scheduled for a foreclosure sale on November 18, 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
1

- ORDER

· ORS 86.735(1); Hooker v. Northwest Trustee Services, Inc.,
2011 WL 2119103, *3 (D. Or. May 25)
WL 4282105, at *2
477820, at *3-4

(c

Burgett v. MERS, 2010

(D. Or. Oct. 20) and

2011 WL

(Bankr. D. Or. Feb. 7)).

is listed as the benef

aintiffs al

ry on the deed of trust at issue.

Because of the all

imminent

rec

sure sale, and

e the presence of MERS demonstrates a
defendants did not

gh probability that

Y with the recording requirements of the

Trust Deed Act,
t

MERS

I grant plaintif

rary restraining order (#3). De
s, etc ... , and

'request for a
s, and their of

cers,

persons in active concert or

participation with de

s, who rece

actual notice of this

, are restrained from conducting a foreclosure sale

r the

llowing property: 147 Hampshire Circle, Grants Pass, Oregon,
this day until November 16, 2011, at 5:00 p.m. This court
will hold a hearing on whether to issue a preliminary

junction

at 9:45 a.m. on November 16, 2011, in the James A. Redden
Courthouse in Medford.
IT IS SO ORDERED.

DATED this

~

day of November, 2011, at

OWEN M. PANNER
U.S. DISTRICT JUDGE

2

- ORDER

/p:,fUa.m.