Oregon Court Dismisses Plaintiff’s Oregon Revised Statute § 86.745(1) Claim

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Downstream litigation media coverage, Equity, Foreclosures, Oregon.

The court in Woods v. United States Bank N.A., 2013 U.S. Dist. LEXIS 146485 (D. Or. 2013) ultimately granted the defendants’ motion to dismiss, and dismissed with prejudice. Plaintiffs sought a declaratory judgment voiding and setting aside the foreclosure of their property on the ground that the May 25, 2011, notice of default and election… Read more »

Oregon Court Rules That MERS’ Role as Beneficiary is Not Inconsistent With the Purpose of Oregon’s Non-Judicial Foreclosure Statute

Posted by & filed under 2011, Downstream litigation, Foreclosures, MERS/Bank has standing, Note ownership litigation, Oregon.

The Oregon court in Nigro v. Northwest Trustee Services and Wells Fargo Bank, No. 11 CV 0135 (May 15, 2011) denied the plaintiff’s motion for a preliminary injunction to stop a non-judicial foreclosure sale. payday cash loans with no credit check The court in reaching their holding found that the plaintiff failed to establish the… Read more »

Oregon Court Rejects Plaintiff’s Argument That the Trust Deed Can Only be Foreclosed if a Single Entity Holds Both the Note and Deed

Posted by & filed under 2011, Downstream litigation, Foreclosures, MERS/Bank has standing, Oregon.

After receiving a Notice of Default and Election to Sell, the plaintiff in Spencer v. Guaranty Bank et al., No. 10CV0515ST, Deschutes Co. Circuit (May 5, 2011) sought an injunction barring MERS, as well as the other defendants, from bringing a foreclosure action. The court granted the defendants’ Motion to Dismiss with prejudice. In addition… Read more »

Oregon Court Holds That Oregon’s Non-Judicial Foreclosure Statute Does Not Require Presentment of the Note

Posted by & filed under 2011, Downstream litigation, Foreclosures, MERS/Bank has standing, Note ownership litigation, Oregon.

The court in Buckland v. Aurora Loan Services, Josephine County No. 10 CV 1023 (March 18, 2011) granted the defendant’s motion to dismiss the plaintiff’s complaint for wrongful foreclosure with prejudice. MERS, although not being a party to the case, the plaintiff’s complaint contained claims that MERS lacked the power to appoint a trustee as… Read more »

Oregon District Court Finds Claim Preclusion Bars Stop-Foreclosure Action

Posted by & filed under 2011, Downstream litigation, Foreclosures, MERS/Bank has standing, Oregon.

In Buckland v. MERS, Or. 11-3053-CL (2011) the court dealt with res judicata and the plaintiff relitigating the same claims that were raised or could have been raised in a previous action. The court found that the same factual transaction was at issue in the plaintiff’s prior litigation and at issue in the present case…. Read more »

Oregon District Court Dismisses Borrower’s Suit to Invalidate Foreclosure in Favor of BOA and MERS, Stating Lack of Merit

Posted by & filed under 2012, Downstream litigation, Foreclosures, Oregon.

In Moreno v. Bank of America., N.A., 3:11-CV-1265-HZ, (D. Or. Apr. 27, 2012) the U.S. District Court of Oregon, granted the defendant’s motion to dismiss for failure to state a claim. Plaintiff had alleged violations under several federal and state Acts, each of which the Judge rejected based on lack of merit. The plaintiff brought… Read more »