BRANDRUP v. RECONTRUST CO., N.A.

311CV1390HZ, 311CV1399HZ, 311CV1533SI, 312CV0010HA; (SC S060281).

303 P.3d 301 (2013)

353 Or. 668

Bart G. BRANDRUP and Jessica D. Brandrup, husband and wife, Plaintiffs, v. RECONTRUST COMPANY, N.A.; Bank of America, N.A., successor by merger with BAC Home Loans Servicing, LP; The Bank of New York Mellon, fka The Bank of New York, as Trustee for The Certificate Holders Cwalt, Inc., Alternative Loan Trust 2006-2CB, Mortgage Pass-through Certificates; and Mortgage Electronic Registration Systems, Inc, Defendants. Russell R. Powell and Diane L. Powell, husband and wife, Plaintiffs, v. ReconTrust Company, N.A.; Bank Of America, N.A., successor by merger with BAC Home Loans Servicing, LP; The Bank of New York Mellon, fka The Bank of New York, as Trustee for The Certificate Holders Cwalt, Inc., Alternative Loan Trust 2007-OH3, Mortgage Pass-through Certificates, series 2007-OH3; and Mortgage Electronic Registration Systems, Inc, Defendants. Deanira Mayo and Reynalda Paez Plancarte, Plaintiffs, v. ReconTrust Company, N.A.; Bank of America, N.A., successor by merger with Bac Home Loans Servicing, LP; Deutsche Bank National Trust Company, as Trustee for the Certificate Holders of the Morgan Stanley ABS Capital I, Inc., Trust 2005-HE2, Mortgage Pass-through Certificates, Series 2005-HE2; and Mortgage Electronic Registration Systems, Inc, Defendants. Omid Mirarabshahi, Plaintiff, v. ReconTrust Company, N.A.; Bank of America, N.A., successor by merger with Bac Home Loans Servicing, LP; The Bank of New York Mellon, fka The Bank of New York, as Trustee for The Certificate Holders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-4, Mortgage Pass-through Certificates, Series 2007-4; and Mortgage Electronic Registration Systems, Inc, Defendants.

Supreme Court of Oregon, En Banc.

Decided June 6, 2013.


Attorney(s) appearing for the Case

Jeffrey A. Myers , Bowles Fernández Law LLC, Lake Oswego, argued the cause for plaintiffs. With him on the briefs were Jeffrey A. Myers , John Bowles , and Rick Fernández.

Gregory A. Chaimov , Davis Wright Tremaine LLP, Portland, and Thomas M. Hefferon , Goodwin Proctor LLP, Washington DC, argued the cause for defendants ReconTrust Company, N.A.; Bank of America, N.A.; The Bank of New York Mellon; and Deutsche Bank National Trust Company. With them on the brief were Steven A. Ellis, Thomas W. Sondag, Pilar C. French, and Peter D. Hawkes.

Kevin H. Kono , Davis Wright Tremaine LLP, Portland, filed a brief on behalf of defendants Mortgage Electronic Registration Systems, Inc.

Rolf C. Moan , Assistant Attorney General, Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General, filed a brief on behalf of amicus curiae State of Oregon.

Nanina D. Takla , Law Office of Phil Goldsmith, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Sara Kobak , W. Michael Gillette , and Jordan Silk , Schwabe, Williamson & Wyatt, PC, Portland, filed a brief on behalf of amicus curiae Oregon Land Title Association.

Thomas W. Brown , Thomas M. Christ , and Robert E. Sabido , Cosgrave Vergeer Kester LLP, Portland, filed a brief on behalf of amici curiae Mortgate Bankers Association, Oregon Bankers Association, and Independent Community Banks of Oregon.


BREWER, J.

These cases come before this court on four certified questions of law from the United States District Court for the District of Oregon. See Brandrup v. ReconTrust Co., 352 Or. 320, 287 P.3d 423 (2012) (accepting certified questions); ORS 28.200 to 28.255 (providing procedure for certifying questions to the Oregon Supreme Court and authorizing court to answer certified questions). The...

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