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2015-01-08T00:00:00.000Z

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The ruling Friday by Judge Owen ...

www.perishablenews.com [cached]

The ruling Friday by Judge Owen Panner in U.S. District Court in Medford came after the Oregon Attorney General's office described the potential merger as "presumptively unlawful given the degree of market concentration."


Staff and Attorneys

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Former law clerk to U.S. District Judges Helen Frye and Owen M. Panner, associate at Lindsay Hart Neil & Weigler, partner at Banks, Newcomb & Sacks.


U.S. District Judge Owen ...

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U.S. District Judge Owen Panner ruled that four of Kramers six claims lacked merit, including his claim for blacklisting.

...
And in the meantime, Panner could choose to rule on the remaining claim sometime in the next few months or stay the case until the appeal has been decided.


In Chen v. Bank of America, ...

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In Chen v. Bank of America, N.A., Judge Owen M. Panner dismissed the complaint with prejudice and found that, in accordance with the Oregon Trust Deed Act, the plaintiff received proper notice of the sale, which barred his post-sale challenges to the foreclosure.

"Although plaintiff here had sufficient time to raise any of the current challenges before the sale, he chose instead to raise such challenges after the trustee's sale and recording of the trustee's deed," Judge Panner wrote. Citing Mikityuk v. Northwest Trustee Services, the court further held that, "plaintiff's challenges to the trustee's sale are barred, as plaintiff's interest in the property was 'foreclosed and terminated.'"
The plaintiff asked the court's permission to amend his complaint to align his allegations with the recent Brandrup v. Recontrust and Niday v. GMAC decisions from the Oregon Supreme Court, in which the Oregon Supreme Court ruled MERS did not meet the statutory definition of trust deed "beneficiary" under Oregon law. Judge Panner denied plaintiff's request, finding "an amended complaint, however, would be futile" because Brandrup and Niday dealt with pre-sale challenges to non-judicial foreclosure sales as opposed to plaintiff's post-sale challenges which are barred under Oregon law.
"As Judge Panner made clear here, and in his Mikityuk decision, when a borrower is properly notified of the foreclosure sale of their property and they fail to stop the sale, they cannot seek to void a completed sale with allegations against MERS and its role in the borrower's trust deed," MERSCORP Holdings' Vice President for Corporate Communications Janis Smith said.


Senior U.S. District Judge Owen M. ...

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Senior U.S. District Judge Owen M. Panner sentenced John Charles Saubert, 47, on Tuesday.

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