Tag: brandrup

Union County, Illinois v. MERSCORP: Another MERS Recording Fee Suit Bites the Dust
By November 18, 2013 0 Comments Read More →

Union County, Illinois v. MERSCORP: Another MERS Recording Fee Suit Bites the Dust

The Seventh Circuit has joined the MERS Wars, affirming dismissal of a suit for unpaid recording fees brought by one Illinois county. While the flood of new MERS litigation is finally dying down, many cases are still winding their way through the appellate courts. Among them are cases involving suits brought by county recorders claiming […]

Posted in: Cases
Chen v. Bank of America: Another Post-Sale Challenge Bites the Dust
By September 26, 2013 0 Comments Read More →

Chen v. Bank of America: Another Post-Sale Challenge Bites the Dust

An Oregon District Court judge who earlier held that all post-foreclosure sale challenges are barred under the Oregon Trust Deed Act recently struck again. Plaintiff Alan Chen received notice of a nonjudicial foreclosure sale but did not file a legal challenge until after the sale was complete and the trustee’s deed recorded. Judge Owen Panner […]

Posted in: Cases
Mikityuk v. NW Trustee Services: Oregon Judge Holds That All Post-Foreclosure Sale Challenges Are Barred
By July 7, 2013 0 Comments Read More →

Mikityuk v. NW Trustee Services: Oregon Judge Holds That All Post-Foreclosure Sale Challenges Are Barred

Bad facts make bad law. And that about sums up the sorry case of Mikityuk v. Northwest Trustee Services, Inc., in which an Oregon District Court judge recently held that all post-sale challenges of nonjudicial foreclosures are barred. As always we will start with the facts, but be warned that before we reach a resolution, […]

Posted in: Cases
Getting To Know Niday: A Further Look at the Oregon Supreme Court’s Landmark Decisions on MERS
By July 4, 2013 2 Comments Read More →

Getting To Know Niday: A Further Look at the Oregon Supreme Court’s Landmark Decisions on MERS

THIS IS PART TWO OF A TWO-PART SERIES ON THE RECENT OREGON SUPREME COURT DECISIONS IN BRANDRUP V. RECONTRUST AND NIDAY V. GMAC. BOTH CASES INVOLVE LEGAL ISSUES ARISING OUT OF THE NONJUDICIAL FORECLOSURE OF MERS TRUST DEEDS. READ PART ONE: BREAKING DOWN BRANDRUP. Hurricane Niday touched ground nearly one year ago when the Oregon […]

Posted in: Features
By June 26, 2013 0 Comments Read More →

Q-Law Blog’s Take on Brandrup, Niday

One of Phil Querin’s former clients once described him to me as Oregon’s “King of Real Estate Law”. That was before I started working with Phil at Davis Wright Tremaine years ago. Phil is a friend, a colleague, and a damned good lawyer. He is also the person who convinced me that the budding foreclosure […]

Posted in: News and Events
Breaking Down Brandrup: A First Look At The Oregon Supreme Court’s Landmark Decision on MERS
By June 16, 2013 11 Comments Read More →

Breaking Down Brandrup: A First Look At The Oregon Supreme Court’s Landmark Decision on MERS

The Oregon Supreme Court recently published anxiously-awaited opinions in two MERS cases: Brandrup v. ReconTrust Company, N.A. and Niday v. GMAC Mortgage, LLC. Since that day attorneys have been poring over every jot and tittle looking for confirmation, meaning, instruction, loopholes, and more. In short, attorneys have been busy trying to figure out how to […]

Posted in: Features