Danford v. Deutsche Bank Trust Company Americas et al

Filing 13

Temporary Restraining Order extending the Temporary Restraining Order previously issued by Judge Simon, from this day until Friday, May 25, 2012, at 5:00 p.m.. Signed on 5/22/2012 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PAMELA DANFORD
PIa

iff,

1:12-cv-781-PA
TEMPORARY RESTRAINING ORDER

v.
DUETSCHE BANK TRUST COMPANY
AMERICAS, AS TRUSTEE FOR THE
CERTIFICATE HOLDERS OF THE
DOVER MORTGAGE CAPITAL 200S-A
CORPORATION GRANTOR'S TRUST
CERTIFICATE SERIES 2006S-A,
and RECONTRUST COMPANY, N.A.,
Defendants.
Panner, District Judge.

On May 3, 2012, Judge Simon issued a Temporary Restraining
Order and set a show-cause hearing for May 15, 2012. At the
May 15, 2012 show-cause hearing, plaintiff stated

losure

sale has been reset to May 21, 2012. Plaintiff also outlined his
1

- ORDER

att

docket ## 9-11).

s at properly serving defendants

PIa

iff still alleges defendants failed to record all

assignments of the trust deed in the county land records prior to
init
al

ing the forec

proceedings. Speci

cally, plainti

her loan was deposited into a securitized trust and

defendants failed to record the assignments of the beneficial
interest in the trust deed from Bank of Amer

, NA to Dover

Mortgage Capital, and then from Dover Mortgage Capital to
Deutsche Bank Trust Company Americas.
In Oregon, a party initiating non-judicial foreclosure
proceedings must record

I assignments of the trust deed. ORS

86.735(1); Hooker v. Northwest Trustee Services, Inc., 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. Feb.
29) .
Because of the alleged imminent foreclosure sale, and
because plaintiff's allegations demonstrate a sufficient
likelihood of success on the merits of her claim that defendants
did not comply with the recording requirements of the Oregon
Trust Deed Act, I extend the Temporary Restraining Order
previously issued by Judge Simon. Defendants, and their of
and

s, and other

rsons in active concert or participation

with defendants, who receive actual not

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- ORDER

cers

of this order, are

restrained from conducting a foreclosure sale

r the following

property: 1105 Sunset Avenue, Medford, Oregon, from this day
until Friday, May 25, 2012, at 5:00 p.m.
IT IS SO ORDERED.

DATED this

:J." day

of May, 2012

at~' clock ~

Cta)H~
Owen M. Panner
United States District Judge

I

3

- ORDER