Opinion
Civ. No. 11-3020-PA.
March 1, 2011
ORDER
Pro se plaintiffs Michael and Denise Sharpe seek an ex parte temporary restraining order to enjoin the foreclosure sale of their home. Plaintiffs allege the house is scheduled for a foreclosure sale on March 4, 2011 and that defendant Wells Fargo Home Mortgage has not complied with the legal requirements for a valid foreclosure. Specifically, plaintiffs allege that MERS lacked authority to transfer the deed and/or note, and that defendant failed to record transfers/assignments as required under the Oregon Trust Deed Act. In Oregon, this argument could be successful. See Burgett v. Mortg. Elec. Registration Sys., Inc., 2010 WL 4282105 *3 (D. Or. Oct. 20, 2010).
Because of the alleged imminent foreclosure sale, I grant plaintiffs' request for a temporary restraining order (#2). Defendant, and its officers, agents, etc . . ., and other persons in active concert or participation with defendant, who receive actual notice of this order, are restrained from carrying out a foreclosure sale of plaintiffs' property located at: 430 Robleda Dr., Central Point, Oregon, 97502 from this day until Tuesday, March 15, 2011, at 5:00 p.m. On Tuesday, March 15, 2011, at 10:00 a.m. in Medford, Oregon, this court will hold a hearing on whether to issue a preliminary injunction.
IT IS SO ORDERED.
DATED this 1st day of March, 2011.