Wimmer v. Bank of New York Mellon, et al
Filing
8
TEMPORARY RESTRAINING ORDER: Granting Motion for a Temporary Restraining Order 4 , from this day until 4/10/12 5:00 p.m. Hearing on whether to issue a preliminary injunction is set for 4/10/2012 at 10:30AM in Medford Courtroom before Judge Owen M. Panner. Ordered & Signed on 3/28/12 by Judge Owen M. Panner. (kf)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ERIC J. WIMMER,
PIa
iff,
1:12-cv-498-CL
TEMPORARY RESTRAINING ORDER
v.
THE BANK OF NEW YORK MELLON,
AS TRUSTEE FOR THE CERTIFICATE
HOLDERS OF CWMBS, INC., CHL
MORTGAGE PASS-THROUGH TRUST
CERTIFICATES, SERIES 2007-3 and
RECONTRUST COMPANY, N.A.,
s.
De
PANNER, J.
Plaintiff seeks an ex parte temporary restraining order to
enjoin the forec
house is scheduled
ure sale of his house. PIa
r a
iff alleges the
reclosure sale on April 2, 2012 and
defendants have not complied with the legal requirements
valid non-judicial
losure. Amongst other arguments,
plaintiff alleges
s failed to record all ass
a
s of
the trust deed in the county land records prior to init
foreclosure proceedings. In Oregon, a party init
the
non-
judicial foreclosure proceedings must record all assignments of
1
- ORDER
,
I
the trust deed. ORS 86.735(1); Hooker v. Northwest Trustee
2011 WL 2119103, *3 (D. Or. May 25)
(internal
tation omitted; In re McCoy, 2011 WL 477820, at *3 4 (Bankr. D.
Or. Feb. 7)); James v. Recontrust Co., et aI, 2012 WL 653871, at
*19-20 (D. Or.). Plaintiff alleges MERS is list
bene
ci
as
on the deed of trust at issue.
Because of the alleged imminent foreclosure sa
,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
temporary restraining order (#3). Defendants, and
a
rs,
o
agents, etc ... , and other persons in active concert or
parti
ion with defendants, who receive actual not
of this
, are restrained from conducting a foreclosure sale for the
following property: 591 West Valley View Road, Ashland, Oregon,
s
court
until Tuesday, April 10, 2012, at 5:00 p.m. This
I hold a hearing on whether to issue a prel
injunction at 10:30 a.m. on April 10, 2012, in the James A.
Redden Courthouse in Medford.
IT IS SO ORDERED.
DATED this
~day
of March, 2012 at
OWEN M. PANNER
U.S. DISTRICT JUDGE
2
- ORDER
~,
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