McAlpine et al v. Regional Trustee Services Corporation

Filing 4

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

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

Dale R. McAlpine and Margo
L. McAlpine,
Plaintiffs,

Civ. No. 12-349-CL
TEMPORARY RESTRAINING ORDER

v.
REGIONAL TRUSTEE SERVICES
CORPORATION, thru its agents
, and president, Chris Rubhuhn,
Defendants.

PANNER, J.

Pro se plaintiffs seek an ex parte temporary restraining
order to enjoin the foreclosure sale of their house.
allege the house is scheduled for a foreclosure

a

iffs

e on March 7,

2012 and defendants have not complied with the legal requirements
for a valid non-judicial foreclosure. Spe
all

defendants

fically, plaintiffs

iled 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
1

- ORDER

Services, Inc., 2011 WL 2119103, *3 (D. Or. May 25)
Burgett v. MERS, 2010 WL 4282105, at *2
re McCoy, 2011 WL 477820, at *3-4

(citing

(D. Or. Oct. 20) and In

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

Plaintiffs allege MERS is listed as t

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.
Defendants, and their officers, agents, etc ... , and other
sons in active concert or
receive act

rticipation with defendants, who

notice of this order, are restrained from

conducting a foreclosure s

for the following property: 249 Ewe

Creek Road, Grants Pass, Oregon, from

is day until March 14,

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 14, 2012,
in the James A. Redden Courthouse in Medford.
~

IT IS SO ORDERED.
DATED this

day of

p~

Fe~~012

OWEN M. PANNER
U.S. DISTRICT JUDGE

2

- ORDER

at /

CJ

a.m.