Burns, et al v. Suntrust Mortgage, Inc., et al - Document 7

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.