Burns, et al v. Suntrust Mortgage, Inc., et al
Filing
7
ORDER: Granting Motion for a Temporary Restraining Order 3 from this day until 1/4/12 at 5:00 p.m. Hearing on whether to issue a preliminary injunction is set for 1/4/2012 at 10:00AM in Medford Courtroom before Judge Owen M. Panner. Ordered & Signed on 12/23/11 by Judge Owen M. Panner. (kf)
<![CDATA[
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
JACK W. BURNS and LAURA J.
BURNS,
Plaintiffs,
C
. No. 11-31S3-CL
TEMPORARY RESTRAINING ORDER
v.
SUNTRUST MORTGAGE, INC, and
FIRST AMERICAN TITLE
INSURANCE COMPANY,
Defendants.
J.
PANNER,
P
enjo
intiffs seek an ex parte t
led for a foreclosure sale on December 28, 2011
s have not complied with
and
a valid non judicial foreclosure.
s failed to record all assi
the county land records prior to init
pro
1
restraining order to
reclosure sale of their house. Plaintiffs allege the
t
house is s
de
ra
s. In Oregon, a party init
ORDER
1
1 requirements for
fically, plaintiffs allege
s of the trust deed in
foreclosure
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
WL 4282105, at *2
477820, at *3-4
(D. Or. May 25)
(citing Burgett v. MERS, 2010
(D. Or. Oct. 20) and In re McCoy, 2011 WL
(Bankr. D. Or. Feb. 7)). 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 plaintiff's request for a
temporary restraining order (#3). 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: 2843 Dark Hollow Road, Medford, Oregon, from
this day until January 4, 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 January 4, 2012, in Medford.
IT IS SO ORDERED.
DATED this
&
day of December, 2011 at
OWEN M. PANNER
U.S. DISTRICT JUDGE
2
- ORDER
L&1:'~. m.
]]>
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