Danford v. Deutsche Bank Trust Company Americas et al

Filing 8

ORDER: Granting Motion for a Temporary Restraining Order 5 . Hearing on whether to issue a preliminary injunction is set for 5/15/2012 at 11:00AM in Medford Courtroom before Judge Owen M. Panner. Signed on 5/3/2012 by Judge Michael H. Simon. (dkj)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PAMELA DANFORD
Plaintiff,

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 2005-A
CORPORATION GRANTOR'S TRUST
CERTIFICATE SERIES 20065-A,
and RECONTRUST COMPANY, N.A.,
Defendants.
SIMON, District Judge.

Plaintiff seeks an ex parte temporary restraining order to
enjoin the foreclosure sale of her house. Plaintiff alleges the
house is scheduled for a foreclosure sale on May 7, 2012 and
defendants have not complied with the legal requirements for a
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- ORDER

valid non-judicial foreclosure.

Plaintiff alleges defendants

failed to record all assignments of the trust deed in the county
land records prior to initiating the foreclosure proceedings.
Specifically, plaintiff alleges 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
America, 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 all assignments of the trust deed. ORS
86.735(1); Hooker v. Northwest Trustee Services, Inc., 2011 WL
2119103, *3 (D. Or. May 25)

(internal citation 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 grant plaintiff's request for a temporary

restraining order (#5). Defendants, and their officers and
agents, and other persons in active concert or participation with
defendants, who receive actual notice of this order, are
restrained from conducting a foreclosure sale for the following

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- ORDER

property: 1105 Sunset Avenue, Medford, Oregon,

from this day

until Tuesday, May 15, 2012, at 5:00 p.m. Judge Owen M. Panner
will hold a hearing on whether to issue a preliminary injunction
at 11:00 a.m. on May 15, 2012, in the James A. Redden Courthouse
in Medford.
IT IS SO ORDERED.

DATED this:)

r~

day of May, 2012 at

~

o'clockP~.

Michael H. Simon
United States District Judge

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- ORDER