Long et al v. LaSalle Bank National Association et al

Filing 6

TEMPORARY RESTRAINING ORDER: from this day until 9/12/12 at 5:00 p.m. Granting Motion 3 . Hearing on whether to issue a preliminary injunction set for 9/12/2012 at 11:00AM in Medford Courtroom before Judge Owen M. Panner. Ordered & Signed on 8/29/12 by Judge Owen M. Panner. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ELIZABETH N. LONG and TONI L.
HOTHAN,
Plaintiffs,

1:12-CV-1495-PA

TEMPORARY RESTRAINING ORDER

v.
LASALLE BANK NATIONAL
ASSOICATION, AS TRUSTEE FOR
THE MERRILL LYNCH MORTGAGE
INVESTORS TRUST, MORTGAGE
LOAN ASSET-BACKED CERTIFICATES,
SERIES 2006-FF1, and CALWESTERN RECONVEYANCE
CORPORATION,
Defendants.
PANNER, District Judge.

Plaintiffs seek an ex parte temporary restraining order to
enjoin the foreclosure sale of their house. Plaintiffs allege the
house is scheduled for a foreclosure sale on September 4, 2012
1

- ORDER

and defendants have not complied with the legal requirements for
a valid non-judicial foreclosure. Amongst other arguments,
plaintiffs allege defendants failed to record all assignments of
the trust deed in the county land records prior to initiating the
foreclosure proceedings.
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 al, 2012 WL 653871, at *19-20

(D. Or. Feb.

29).
Because of the alleged imminent foreclosure sale, and
because plaintiffs' 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 plaintiffs' request for a temporary
restraining order (#3). 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
property: 225 Olwell Way, Medford, Oregon, from this day until
Wednesday, September 12, 2012, at 5:00 p.m. I will hold a hearing
on whether to issue a preliminary injunction at 11:00 a.m. on

2

- ORDER

September 12, 2012, in the James A. Redden Courthouse in Medford.
IT IS SO ORDERED .

DATED this

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day of August, 2012 at

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0tt4'd
Owen M. Panner
United States District Judge

3

- ORDER

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