Britt et al v. Bank of America, N.A. et al

Filing 6

TEMPORARY RESTRAINING ORDER: Granting Motion for a Temporary Restraining Order 2 , from this day until 9/20/12 5:00 p.m. Hearing on whether to issue a preliminary injuction is set for 9/20/2012 at 10:00AM in Medford Courtroom before Judge Owen M. Panner. Ordered & Signed on 9/10/12 by Judge Owen M. Panner. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
GARY BRITT and JANET BRITT,
Plaintiffs,

1:12-CV-1598-PA
TEMPORARY RESTRAINING ORDER

v.

BANK OF AMERICA HOME, N.A. and
RECONTRUST COMPANY N.A,
Defendants.
PANNER, J.

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 13, 2012
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 nonjudicial 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)

1

- ORDER

(internal

citation omitted; In re McCoy, 2011 WL 477820, at *3-4

(Bankr. D.

Or. Feb. 7)); James v. Recontrust Co., et a1, 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 (#2). 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 the
following property: 504 NW Berry Lane, Grants Pass, Oregon, from
this day until Wednesday, September 20, 2012, at 5:00 p.m. This
court will hold a hearing on whether to issue a preliminary
injunction at 10:00 a.m. on September 20, 2012, in the James A.
Redden Courthouse in Medford.
IT IS SO ORDERED.
DATED this ~day of September, 2012 at~ o'clock a.m.

~~~

U.S. DISTRICT JUDGE

2

- ORDER