Laak et al v. Quality Loan Service Corporation of Washington

Filing 7

ORDER: Granting Motion for a Temporary Restraining Order 4 . A Hearing on whether to issue a preliminary injunction is set for 9/28/2012 at 08:30AM in Medford Courtroom before Judge Owen M. Panner. Signed on 9/14/2012 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
KRISTIN LAAK and PAULINO
ARTEGA,
Plaintiffs,

1:12-CV-1600-CL
TEMPORARY RESTRAINING ORDER

v.

BAC HOME LOANS SERVICING, LP
and QUALITY LOAN SERVICE
CORPORATION OF WASHINGTON,
Defendants.
FANNER, 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 19, 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 trusb deed in the county land records prior to initiating the
foreclosure proceedings. MERS is listed as the beneficiary on the
deed of trust.
In Oregon, a party initiating non-judicial foreclosure
proceedings must record all assignments of the trust deed. ORS
1

- ORDER

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

pla~ntiffs'

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 (#4). 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: 166 Holton Road, Talent, Oregon, from this day until
Friday, September 28, 2012, at 5:00 p.m. I will hold a hearing on
whether to issue a preliminary injunction at 8:30 a.m. on
September 28, 2012, in the James A. Redden Courthouse in Medford.
IT IS SO ORDERED.

DATED this

~

day of September, 2012 at

~o'clo~.

~)/(~
Owen M. Panner
United States District Judge

2

- ORDER