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HIGLEY v. FLAGSTAR BANK, FSB

Case No. 3:12-cv-00502-SI.

910 F.Supp.2d 1249 (2012)

Doyle HIGLEY and Shelly Higley, husband and wife, Plaintiffs, v. FLAGSTAR BANK, FSB, Defendant.

United States District Court, D. Oregon, Portland Division.

December 21, 2012.

Attorney(s) appearing for the Case

Jeffrey A. Myers , John Bowles , and Timothy Zimmerman , Bowles Fernández Law LLC, Lake Oswego, OR, for Plaintiffs.

Kevin H. Kono , Davis Wright Tremaine LLP, Portland, OR, and Frederick B. Burnside , Davis Wright Tremaine LLP, Seattle, WA, for Defendant.

OPINION AND ORDER

SIMON, District Judge.

In 2008, Plaintiffs Doyle and Shelly Higley (the "Higleys") obtained a loan secured by a trust deed to purchase property. When they defaulted on the loan two years later, Northwest Trustee Services and Defendant Flagstar Bank, FSB ("Flagstar") commenced the nonjudicial foreclosure process set forth in the Oregon Trust Deed Act ("OTDA"), Or.Rev.Stat. §§ 86.705 — 86.795. In this action, the Higleys...

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