Charles Barker, III v. Gmac Mortgage LLC

MEMORANDUM

Charles Barker III ■ and his father-in-law, Elmer Dunham, (collectively, appellants) appeal pro se the district court’s dismissal of their second amended complaint and the grant of summary judgment to defendant-appellees. We have jurisdiction pursuant to 28 U.S.C. 1291, and we affirm in part, reverse in part and remand.

1. The district court correctly concluded that appellees were not required to produce an original or copy of the promissory notes before proceeding with nonjudicial foreclosure. Oregon law contains no such requirement. See generally Or.Rev. Stat. §§ 86.704-86.815; see also Reeves v. ReconTrust Co., N.A., 846 F.Supp.2d 1149, 1159 (D.Or.2012) (“There is not anything in Oregon law that require[s] presentment of the note or other proof of real party in interest or standing, other than the deed of trust, to proceed with a non-judicial foreclosure.”) (internal quotation marks omitted); Tabb v. One West Bank, 2010 WL 5684402 , at *5 (D.Or. Nov. 1, 2010) (noting Oregon law “does not require any party to a trustee’s sale to produce a physical copy of the original note”).

2. The district court erred in concluding that MERS is a valid trust deed beneficiary.…