ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S060281
CA Number:
Case Title:
Bart G. Brandrup v. ReconTrust Company, N.A.
Date:
01/08/2013
Time:
10:30 AM
Location:
Supreme Court Courtroom
Attorneys:
Thomas M. Hefferon on behalf of ReconTrust Company, N.A., Bank of America, N.A, and The Bank of New York Mellon
Gregory Chaimov on behalf of Mortgage Electronic Registration Systems, Inc.
Julie Engbloom and Pilar French on behalf of Deutsche Bank National Trust.
John P. Bowles and Richard M. Fernandez on behalf Bart G. Brandrup and Jessica D. Brandrup.
John P. Bowles and Timothy J. Zimmerman on behalf on Russell R. Powell and Diane L. Powell.
John P. Bowles on behalf of Deanira Mayo and Reynalda Paez Plancarte.
Timothy J. Zimmerman on behalf of Omid Mirarabshahi
Comments:
Statement of Issues:
Bart G. Brandrup v. ReconTrust Company, N. A. (S060281) (question certified from United States District Court Case No. 3:11-cv-1390-JE).

On April 13, 2012, the United States District Court filed an Order Certifying Questions to the Supreme Court of Oregon in the following actions: Brandrup v. Recontrust Company, NA, 311CV1390; Powell v. Recontrust Company, NA, 311CV1399HZ; Mayo v. Recontrust Company, NA, 311CVI533PK; and Mirararbshahi v. Recontrust Company, NA, 312CVOOJOHA.

The certified questions are:

(1) May an entity such as MERS, that is neither a lender nor successor to a lender, be a "beneficiary" as that term is used in the Oregon Trust Deed Act?

(2) May MERS be designated as beneficiary under the Oregon Trust Deed Act where the trust deed provides the MERS "holds only the legal title to the interests granted by Borrower in the Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests"?

(3) Does the transfer of a promissory note from the lender to a successor result in an automatic assignment of the securing trust deed that must be recorded prior to
the commencement of nonjudicial foreclosure proceedings under ORS 86.735(1)?

(4) Does the Oregon Trust Deed Act allow MERS to retain and transfer legal title to a trust deed as nominee for the lender, after the note secured by the trust deed is transferred from the lender to a successor or series or successors?

Pursuant to ORS 28.200, the Oregon Supreme Court accepted the certified questions.

The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:


Last Revised: 12/26/2012