Hucke: MERS, Foreclosure and Evolving Oregon Foreclosure Law

Buying a house may seem like a personal matter, but when a borrower takes out a home loan many parties are involved in the transaction: the borrower, the lender, a trustee and other beneficiaries. Further complicating matters is modern financing permits changes to these parties over the life of the borrower’s loan. The changing of

Effective Immediately, Senate Bill 368 Clarifies Money Awards in Foreclosures

In a suit for judicial foreclosure, a plaintiff has the option of asking the court for a money award against a debtor. After amendments to the Oregon statutes dealing with judicial foreclosure from 2003 to 2007, some circuit courts began interpreting these provisions to require a money award against the person obligated on the debt,

The Foreclosure Relief and Extension for Service Members Act of 2014

The Foreclosure Relief and Extension for Service Members Act of 2014 provides that if a mortgage was obtained before a service member was an active duty member of the military, then they are protected from foreclosure for a period of time upon return from active duty.  The amount of time that a service member is

Lyons v. US Bank and NWTS: Trustees in Washington Should not Rush to Sale

In Lyons v. US Bank and NWTS, the Washington State Supreme Court found that a trustee can be liable for damages suffered by a debtor under the Consumer Protection Act even without a property having reached sale. The title of trustee is one that should be borne with the very derivation of the term in