Delaney et al v. Onewest Bank, FSB et al

Filing 36

ORDER - The Motion to Dismiss by Defendants OneWest Bank, FSB, andMortgage Electronic Registration Systems, Inc. 9 and Defendant Regional Trustee Services Corporations's Joinder to OneWest Bank, FSB and Mortgage Electronic Registration Systems, Incs Motion to Dismiss 16 are denied. The preliminary injunction I entered on August 26,2010 will remain in place until I decide this case on the merits. Signed on 9/29/2010 by Judge Garr M. King. (mja)

Delaney et al v. Onewest Bank, FSB et al

Doc. 36

IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION TAMMIE M. DELANEY, and MICHAEL E. DELANEY, Plaintiffs, vs. ONEWEST BANK, FSB, a federally chartered savings bank; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation; and REGIONAL TRUSTEE SERVICES CORPORATION, a Washington corporation, Defendants. Civil Case No. 10-977-KI

ORDER

Kevin W. Luby Elizabeth Lemoine Luby Law 7540 SW Hermoso Way Tigard, Oregon 97223-8664

Page 1 - ORDER

Dockets.Justia.com

Jeff Barnes W. J. Barnes, P.A. 2901 West Coast Highway, Suite 350 Newport Beach, California 92663 Attorneys for Plaintiffs William L. Larkins, Jr. Danielle J. Hunsaker Cody Hoesly Larkins Vacura LLP 621 SW Morrison Street, Suite 1450 Portland, Oregon 97205 Attorneys for Defendants

KING, Judge: At oral argument on defendants' motion to dismiss this action seeking to enjoin the foreclosure in process against plaintiffs' home, it became clear that some of the documents in the chain of title for the property are not part of the record. Plaintiffs need to revoke a quit claim deed they had executed and recorded. Furthermore, plaintiffs wanted to amend the complaint in an attempt to narrow the issues once all relevant documents had been located. Because everything is in a state of flux at the moment, and because I would prefer to come to a well-reasoned conclusion on a cleaner evidentiary record with streamlined claims, I put in place a schedule for counsel that will result in cross summary judgment motions being briefed within a few months. For these reasons, the Motion to Dismiss by Defendants OneWest Bank, FSB, and Mortgage Electronic Registration Systems, Inc. (#9) and Defendant Regional Trustee Services Corporations's Joinder to OneWest Bank, FSB and Mortgage Electronic Registration Systems,

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Inc's Motion to Dismiss (#16) are denied. The preliminary injunction I entered on August 26, 2010 will remain in place until I decide this case on the merits. IT IS SO ORDERED. Dated this 29th day of September, 2010.

/s/ Garr M. King Garr M. King United States District Judge

Page 3 - ORDER