February 9, 2010

On February 5, 2010, we advised of our victory in Crook County, Oregon in having a Temporary Restraining Order entered stopping the sale of a borrower’s home. Yesterday, the Court converted the TRO to a Preliminary Injunction stopping any foreclosure through the duration of the borrower’s lawsuit against Bank of America Home Loans, MERS, and ReContrust Company. The Court did not require the borrower to post a bond as an Oregon Statute provides that no bond shall be required when the effect of the injunction is to restrict the Defendants to a judicial remedy (which the borrower’s Motion for Injunctive Relief was), and as Defendants made no showing of any costs or damages which would result from being wrongfully enjoined. This Injunction paves the way for Oregon borrowers to challenge non-judicial foreclosures.

FDN attorney Jeff Barnes, Esq. prepared the court papers and was assisted by local Oregon counsel Philip R. Anderson, Esq., who we thank for his diligent efforts in obtaining this extremely significant judicial result, which we believe is the first of its kind in the State of Oregon.

Jeff Barnes, Esq. www.ForeclosureDefenseNationwide.com