Dickson et al v. Bank of America National Association et al

Filing 7

ORDER: Granting Motion for a Temporary Restraining Order 3 . Hearing is set for 2/29/2012 at 08:30 AM in Medford Courtroom before Judge Owen M. Panner on whether to issue a preliminary injunction. Signed on 2/15/2012 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
JANENE DICKSON and DANIEL

DICKSON,

Plaintiffs,

Civ. No. 12-234-PA
TEMPORARY RESTRAINING ORDER

v.
BANK OF AMERICA NATIONAL
ASSOCIATION and RECONTRUST
COMPANY, N.A.,
Defendants.

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 either February 16
or February 21, 2012, and that defendants have not complied with
the legal requirements for a valid non-judicial foreclosure.

I

Specifically, plaintiffs allege defendants failed to record all
assignments of the trust deed in t

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 86.735(1); Hooker v. Northwest
1

- ORDER

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.
Because of the alleged imminent

reclosure 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 .. 0' and other persons in act

concert or

participation with defendants, who receive actual notice of this
order, are restrained from conducting a

reclosure sale for the

following property: 2151 Milford Road, Medford, Oregon, from this
day until February 29, 2012, at 5:00 p.m. This court will hold a
hearing on whether to issue a preliminary injunction at 8:30 a.m.
on February 29, 2012, in the James A. Redden Courthouse in
Medford.
IT IS SO ORDERED.
DATED this

I~day of February, 2012, at ~.~pa.m.

~N~
OWEN M. PANNER
U.S. DISTRICT JUDGE

2

ORDER