Smith 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 3/7/2012 by Judge Owen M. Panner. (dkj)

i
IN THE ONlTED STATES DISTRlCT CCORT

FOR THE DISTRICT OF CREGON

RONA~D

AL~EN

SMITH,
Plaintiff,

Civ. No. 12-390-CL

TEMPORARY RESTRAINING ORDER

v.
BANK OF AMERICA, N.A. and
RECCNTROST COMPANY, N.A.,
De

PANNER,

ndants.

J.

Plaintiff seeks an ex parte temporary restraining order to
enjoin the foreclosure sale of his house. Pl

ntiff all

house is scheduled for a foreclosure sale on Ma
defendants

not complied with the legal

valid non-judicial
plaintiff all

c :..:nty

foreclosure

3.

judicial

foreclos~re

::.he -::rus . . deed.

O~..3

I=-

assignments

~o

in"tiat
non­

Ore

?r-ceedi~gs

for a

s,

aLL

records prior

cus~

record all 3ssi

S ./35 (1);

201: WL 21191 3,
- ORD2R

requ~rernen~s

s de endants failed to record

ee

12, 2012 and

closure. Amongst other a

t:-.e trust deed in

s the

w~

(D. Or.

25)

(inter~al

c~

tation omitted;

~~~~~~,

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

Or. Feb. 7));

W~

20 2

*19-20 (D. Or.).
beneficiary on

iff alle

653871, at

s MERS is listed as the

deed of trust at issue.

Because of the alleged imminent foreclosure sale,
demonstra~es

e the presence of MERS
defendants

d not comply with

~he

Oregon Trust Deed Act, I grant pl
temporary restra

ion with

a high probabil

y that

g requirements of the
iff's

for a

reques~

order (#3). Defendants, and their officers,

agents, etc ... , and other
parti

a~d

rsons in

fendan~s,

ac~

concert or

who receive act

notice of

s

r, are restrained from conducting a foreclosure sale for the
following property: 1650
from t

crest

s day until Wednesday, Mar

ve, Grants Pass, Oregon,
21, 2012, at 5:00 p.m.

s

court will hold a hearing on whether to issue a prelimi
injunction at 10:00 a.m. on March 21, 2012, in
Courthoc.se
IT IS SO

Medford.

O~DEREC.

0:

~larch, 2012 at ~/)I

C.S. D

2

ORDER

James A.

S~RICT

JUDGE

:::>::::'<.2£..H-fI\.