Federal Home Loan Mortage Corp. v. Smith

This case is yet another in a series of lawsuits pertaining to the nonjudicial foreclosure of trust deeds naming Mortgage Electronic Registration Systems, Inc. (MERS), rather than the lender, as the beneficiary, and purporting to authorize MERS to exercise the rights of the lender. Because there is no evidence in the record that a valid foreclosure sale was conducted by a duly appointed “trustee” within the meaning of the Oregon Trust Deed Act (OTDA), and in light of our decisions in Wolf v. GMAC Mortgage, LLC, 276 Or App 541, 370 P3d 1254 (2016), and Bank of America, N.A. v. Payne, 279 Or…