Tag: Niday

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
By June 5, 2013 0 Comments Read More →

Oregon Supreme Court’s Decision in Niday To Be Announced Thursday June 6

Niday-watchers, be on alert! Tomorrow the Oregon Supreme Court will issue its hotly anticipated opinions in Niday v. GMAC and Brandrup v. ReconTrust. The court has been asked to decide whether MERS can be the trustee of a trust deed under Oregon law and whether assignments between MERS members must be recorded prior to commencing […]

Posted in: News and Events
By April 16, 2013 1 Comments Read More →

Oregon Foreclosure Mediation Bill SB 558 Passes the Senate 22-7-1

Minutes ago the Oregon Senate voted to pass SB 558, the foreclosure mediation bill, on a largely bipartisan vote. The final vote was 22 ayes, 7 nays, and 1 excused. All 7 no votes came from Republicans. Those voting against: Fred Girod (R-Stayton), Tim Knopp (R-Bend), Jeff Kruse (R-Roseburg), Chuck Thomsen (R-Hood River), Betsy Close […]

Posted in: News and Events
Are Radical Changes to the Law Upending Lenders’ Foreclosure Practices in Oregon?
By March 15, 2013 0 Comments Read More →

Are Radical Changes to the Law Upending Lenders’ Foreclosure Practices in Oregon?

One hates to draw attention to a silly argument for fear of making it seem credible. But silly arguments sometimes have a way of enchanting minds unshielded by facts or reason. Therefore, readers will forgive me for drawing attention to a guest column that ran this week in the Portland Business Journal. The column is […]

Posted in: Features
By March 14, 2013 0 Comments Read More →

Oregon Foreclosure Rate Returning to Pre-Niday Levels

The Oregonian reports that monthly judicial foreclosure filings are close to the number of monthly nonjudicial foreclosure filings that existed prior to the Oregon Court of Appeals decision in Niday v. GMAC. Beginning in late 2011 and continuing through the months leading up to the Niday decision, many lenders began shifting from nonjudicial foreclosures to […]

Posted in: News and Events