Cronin v. Nationstar Mortgage LLC et al

Filing 25

ORDER: Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction 24 is GRANTED IN PART and a temporary restraining order is hereby entered. See, formal Order. According to plaintiffs counsel's Local Rule 7-1( a) certification, defendants have declined to take a position on plaintiff's motion. The Court is inclined to extend the restraining order, as a preliminary injunction, until such time as this action is resolved. If defendants object to extensio n of the restraining order beyond the 14-day time limit under Fed. R. Civ. P. 65(b)(2), defendants shall inform the Court and a telephonic hearing shall be scheduled to show cause why the restraining order should not continue during the pendency of this action. Signed on 10/24/2017 by Judge Ann L. Aiken. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION

CASEY CRONIN,
Plaintiff,

Case No. 6:17-cv-00998-JR
TEMPORARY
RESTRAINING ORDER

vs.
NATIONSTAR MORTGAGE LLC; FEDERAL
NATIONAL MORTGAGE ASSOCIATION;
and QUALITY LOAN SERVICE
CORPORATION OF WASHINGTON,
Defendants.

AIKEN, District Judge:
Before me is plaintiffs' Motion for Temporary Restraining Order and Preliminary
Injunction. Plaintiffs home, located at 2750 La Darrah Street in Eugene, Oregon, was sold at
auction to defendant Federal National Mortgage Association following a non-judicial
foreclosure. In this lawsuit, plaintiff contends that the foreclosure and sale went forward in
violation of her rights under various federal and state laws. Plaintiff, who continues to reside in
the home, alleges that defendant Federal National Mortgage Association has posted a notice to
quit and of its intent to proceed with a forcible entry and detainer eviction proceeding. She seeks
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- TEMPORARY RESTRAINING ORDER

to restrain defendants from removing her from her home and selling it to a third patty during the
pendency of this action.
Pursuant to Fed. R. Civ. P. 65(b) and upon review of the Complaint and suppo1ting
memorandum and exhibits, I find that plaintiff has raised serious questions with respect to the
merits of her claims, particularly with respect to defendants' compliance with the Equal Credit
Oppo1tunity Act, 15 U.S.C. §§ 1691 et seq. and the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.
I further find that plaintiff likely will suffer ineparable harm if she is forcibly evicted from the
home and the property is sold to a third-party purchaser, and that the balance of hardships tips in
plaintiffs favor, given that defendants will have the opp01tunity to establish the legality of the
foreclosure and sale in this action. I further find that the underlying legal issues cannot be
resolved before the eviction is scheduled to occur and that the issuance of the temporary
restraining order is in the public interest. Finally, no security shall be required to supp01t
issuance of this order pursuant to Fed. R. Civ. P. 65(c).
Accordingly, IT IS HEREBY ORDERED that plaintiffs Motion for Temporary
Restraining Order and Preliminary Injunction (doc. 24) is GRANTED IN PART and a temporary
restraining order is hereby entered. Pursuant to Fed. R. Civ. P. 65(d), defendants, their officers,
agents, employees, attomeys, and other persons in active conceit or paliicipation with
defendants, are RESTRAINED and ENJOINED from taking any action to evict or otherwise
remove plaintiff from the property located at 2750 La Darrah Street in Eugene, Oregon.
According to plaintiffs counsel's Local Rule 7-l(a) ce1tification, defendants have
declined to take a position on plaintiffs motion. Based on the findings above and in the absence
of any response from defendants, I am inclined to extend the restraining order, as a preliminary
injunction, until such time as this action is resolved. If defendants object to extension of the
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- TEMPORARY RESTRAINING ORDER

restraining order beyond the 14-day time limit under Fed. R. Civ. P. 65(b)(2), defendants shall
infmm the Court and a telephonic hearing shall be scheduled to show cause why the restraining
order should not continue during the pendency of this action.
IT IS SO ORDERED.
Dated this

M

day of October 2017.

Ann Aiken
United States District Judge

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- TEMPORARY RESTRAINING ORDER