Fletscher v. BAC Home Loans Servicing LP et al
Filing
6
ORDER: Granting Motion for a Temporary Restraining Order 2 . Hearing is set for 12/1/2011 at 09:00AM in Medford Courtroom before Judge Owen M. Panner. Signed on 11/17/2011 by Judge Owen M. Panner. (dkj)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
THEODORE F. FLETSCHER,
Plaintiff,
Civ. No. 11-3133-CL
TEMPORARY RESTRAINING ORDER
v.
BAC HOME LOANS SERVICING LP
and RECONTRUST COMPANY, N.A.,
Defendants.
- - - - - - - - --.---.------
..
PANNER, J.
Plaintiff seeks an ex parte temporary restraining order to
enjoin the foreclosure sale of his house. Plaintiff alleges the
house is scheduled for a foreclosure sale on November 21, 2011
and defendants have not complied with the legal requirements for
a valid non-judicial foreclosure. Amongst other arguments,
plaintiff alleges 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 nonjudicial foreclosure proceedings must record all assignments of
the trust deed. ORS 86.735(1); Hooker v. Northwest Trustee
Services, Inc., 2011 WL 2119103, *3
1
- ORDER
(D. Or. May 25)
(citing
Burgett v. MERS, 2010 WL 4282105, at *2
re McCoy, 2011 WL 477820, at *3-4
(D. Or. Oct. 20) and In
(Bankr. D. Or. Feb. 7)).
Plaintiff alleges MERS is listed as the beneficiary on the deed
of trust at issue.
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 restraining order (#2). Defendants, and their officers,
agents, etc ... , and other persons in active concert or
participation with defendants, who rece
actual notice of this
order, are restrained from conducting a foreclosure sale for the
following property: 707 Vincent Road, Central Point, Oregon, from
this day until Thursday, December 1, 2011, at 5:00 p.m. This
court will hold a hearing on whether to issue a preliminary
injunction at 90:00 a.m. on December I, 2011, in the James A.
Redden Courthouse in Medford.
IT IS SO ORDERED.
DATED this
11
day of November, 2011 at
OWEN M. PANNER
U.S. DISTRICT JUDGE
2
- ORDER
/P:/I/6' clock C/..-,,(.
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