Enforcing Oregon's Trust Deed Act - Nonjudicial Foreclosure From the Lender's Perspective
Date: Thursday, October 27th 2011
Time: 3:00 - 5:00 p.m
Location: World Trade Center Skybridge Room, Building 2 26 SW Salmon, Portland
Credit Type(s): General Credit
This seminar is designed to assist both bench and bar in assessing the validity of a defense theory frequently asserted by borrowers in recent litigation - that a lender cannot foreclose nonjudicially on a borrower's property if all note transfers are not previously recorded in the county land records.
The presenters, Pilar French of Lane Powell and Cody Hoesly of Larkins Vacura, will address the claim under the Oregon Trust Deed Act and legal principles which predate the current foreclosure crisis. The seminar will also discuss the role of Mortgage Electronic Registration Systems, Inc. as a nominee beneficiary in deeds of trust and why Oregon law permits note owners to designate agents to serve in that capacity. Finally, the presenters will touch on related topics, such as the prevalent "show me the note" theory and common documents borrowers will record when facing foreclosure. If you are involved in mortgage litigation, then this seminar will help you, regardless of your experience level.