DeCarlow v. US Bank National Association et al

Filing 9

ORDER: Granting Motion for a Temporary Restraining Order 4 . Hearing on whether to issue a preliminary injunction is set for 5/30/2012 at 09:00AM in Medford Courtroom before Judge Owen M. Panner. Signed on 5/16/2012 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

STEVEN DECARLOW and INGRED
DECARLOW,
Plaintiffs,

1:12-cv-840-CL

TEMPORARY RESTRAINING ORDER
v.
U.S. BANK NATIONAL ASSOCIATION
and NORTHWEST TRUSTEE SERVICES,
INC. ,
Defendants.

PANNER, J.

Plaintiffs seek an ex parte temporary restraining order to
enjoin the foreclosure sale of

ir house.

intiffs allege the

house is scheduled for a foreclosure sale on May 18, 2012 and
defendants have not complied with the legal requirements for a
valid non-judicial foreclosure. Amongst other arguments,
plaintiffs al

defendants

iled to record all assignments of

the trust deed in the county land records prior to initiating the
foreclosure proceedings. In Oregon, a party

tiating non-

judicial 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)

(internal

citation omitted; In re McCoy, 2011 WL 477820, at *3-4 (Bankr. D.
Or. Feb. 7)); James v. Recontrust Co., et al, 2012 WL 653871, at
*19-20 (D. Or.). Plaintiffs allege MERS is listed as the
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 plaintiffs' request for a
temporary restraining order (#4). Defendants, and their officers,
agents, etc ... , 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
following property: 4746 Hathaway Drive, Medford, Oregon, from
this day until Wednesday, May 30, 2012, at 5:00 p.m. This court
will hold a hearing on whether to issue a preliminary injunction
at 9:00 a.m. on May 30, 2012, in the James A. Redden Courthouse
in Medford.
IT IS SO ORDERED.
DATED this 16th day of May, 2012 at 2 o'clock p.m.

/s/ Owen . M. Panner
OWEN M. PANNER
U.S. DISTRICT JUDGE

2

- ORDER