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

Filing 6

ORDER: Granting Motion for a Temporary Restraining Order 3 , from this day until 3/14/12 at 5:00 p.m. Hearing on whether to issue a preliminary injunction is set for 3/14/2012 at 10:00AM in Medford Courtroom before Judge Owen M. Panner. Ordered & Signed on 3/1/12 by Judge Owen M. Panner. (kf)

IN THE UNITED STATES DISTRICT COURT

FOR THE D STRICT OF OREGON

LEE D. DORSEY, III,

Plaintiff,

Civ. No. 12-335-PA
TEMPORARY RESTRAINING ORDER

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

PANNER, J.

Plaintiff seeks an ex

e temporary restraining

r to

oin the foreclosure sale of his house. Plaintiff alleges
house is scheduled for a
defendants have not compli
val

a

th the legal requirements

iff alleges defendants

osure proceedings. In
ial foreclosure

il

to record all assignments of
records prior to in

iating the

, a party initiating nonmust record all assignments

trust deed. ORS 86.735(1); Hooker v. Northwest Trustee
2011 WL 2119103, *3 (D. Or. May 25)
1

a

non-judicial foreclosure. Amongst other arguments,

trust deed in the county

j

closure sale on March 5, 2011

ORDER

(citing

2010 WL 4282105, at *2
2011 WL 477820, at *3-4
Plaintiff al

(D. Or. Oct. 20)

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

s MERS is listed as the beneficiary on

de

of trust at issue.
Because of
because t

alleged imminent foreclosure sale,
sence of MERS demonstrates a high probabili

that

defendants did not comply with the recording requirements of
Oregon Trust De

Act, I grant plaintiff's request for a

temporary restra

o

ipation wi

order, are restra

(#3). Defendants, and their off

rs,

r persons in active concert or

agents, etc ... ,
part

r

defendants, who receive actual notice of t

s

from conducting a foreclosure sale for

following property: 266 Tyler Avenue, Central Point, Oregon, from
this day until

sday, March 14, 2012, at 5:00 p.m.

will hold a heari

on whether to issue a preliminary injunct

at 10:00 a.m. on Ma

14, 2012, in the James A. Redden

Courthouse in
IT IS SO ORDERED.

DATED this

day of March, 2012 attt?

OWEN M. PANNER
U.S. DISTRICT JUDGE

2

- ORDER

o'clock

s court