Schweizer et al v. Bank of America N.A. et al

Filing 6

ORDER: Granting Motion for a Temporary Restraining Order 3 from this day until Wednesday, March 21, 2012, at 5:00 p.m.. Hearing on whether to issue a preliminary injunction is set for 3/21/2012 at 10:00AM in Medford Courtroom before Judge Owen M. Panner. Signed on 3/9/2012 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

DAVID W. SCHWEIZER and DEBORAH
K. SCHWEIZER,
Plaintiffs,

1:12-cv-322-CL
TEMPORARY RESTRAINING ORDER

v.

BANK OF AMERICA, N.A. and

RECONTRUST COMPANY, N.A.,

Defendants.

PANNER, J.

Plaintiffs seek an ex parte temporary restraining order to
enjoin the

closure sale of their house. Plaintiffs allege the

house is schedul

a foreclosure sale on March 20, 2012 and

defendants have not compli

with the 1

valid non-judicial foreclosure.

&~ongst

plaintiffs allege defendants fail

1 requirements for a
other arguments,

to record all assignments of

the trust deed in the county land records prior to i
foreclosure proceedings.
judi

I~

tiating the

Oregon, a party initiating non­

al foreclosure proceedings must reco

all assignments of

the trust deed. ORS 86.735(1); Hooker v. Northwest Trustee

1

ORDER

Services, Inc., 2011 WL 2119103, *3 (D. Or. May 25)
citation omitted;
Or.

7) ) ;

==-==-~==~,

(internal

2011 WL 477820, at *3 4 (Bankr. D.

=====-~~==~~~~~~~-=='

2012 WL 653871, at

*19-20 (D. Or.). Plaintiffs allege MERS is listed as the
bene

ciary on the

ed of trust at issue.

Because of the alleged imminent foreclosure sale, and
because
defendants

presence of MERS demonstrates a high probability that
d not comply with the recording

Oregon Trust

Act, I grant pIa

temporary restraining

0

r

agents, etc ... , and other

irements of

iffs' request for a

(#3). Defendants, and the
rsons

act

officers,

concert or

participation with defendants, who receive actual notice of this
, are restrained from conducting a forec
following property: 1407 Tw

sure sale for the

Pines Court, Central Point, Oregon,

from this day until Wednesday, March 21, 2012, at 5:00 p.m. This
court will hold a hearing on whether to issue a preliminary
injunction at 10:00 a.m. on March 21, 2012, in

James A.

Redden Courthouse in Medford.
IT IS SO ORDERED.
DATED this

-!l- day of March,

2012 at

OWEN M. FANNER
U.S. DISTRICT JUDGE

1
2

1

- ORDER

'1:4700 ' clock