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NIDAY v. GMAC MORTG., LLC

(CC CV10020001; CA A147430; SC S060655).

302 P.3d 444 (2013)

353 Or. 648

Rebecca NIDAY, fka Rebecca Lewis, Respondent on Review, v. GMAC MORTGAGE, LLC, a foreign limited liability company; and Executive Trustee Services, Inc., a California corporation, Defendants-Respondents, and Mortgage Electronic Registration Systems, Inc., a Delaware corporation, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided June 6, 2013.

Attorney(s) appearing for the Case

Gregory A. Chaimov , Davis Wright Tremaine LLP, Portland, argued the cause for petitioner on review Mortgage Electronic Registration Systems, Inc. With him on the brief were Frederick B. Burnside and Kevin H. Kono.

W. Jeffrey Barnes , pro hac vice, W.J. Barnes, PA, Beverly Hills, argued the cause for respondent on review. With him on the brief was Elizabeth Lemoine , Makler Lemoine & Goldberg, PC, Portland.

Hope A. Del Carlo , Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Rolf C. Moan , Assistant Attorney General, Salem, filed a brief on behalf of amicus curiae State of Oregon.

BREWER, J.

This is the second of two cases this court decides today that is concerned with the nonjudicial foreclosure of trust deeds under the Oregon Trust Deed Act (OTDA) and the mortgage finance industry's practice of naming the Mortgage Electronic Recording System, Inc., (MERS), rather than the lender, as a trust deed's "beneficiary." In Brandrup v. ReconTrust Co., 353 Or. 668, ___ P.3d ___, 2013 WL 2446517 (June 6, 2013), we answered questions certified...

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