US Bank, NA v. Eckert

Under former ORS 86.735, the appointment of a successor trustee to a deed of trust needs to be recorded with the county where the relevant property is located.

Eckert appealed the trial court’s general judgment issuing a notice of restitution and writ of execution in favor of US Bank. US Bank brought a forcible entry and wrongful detainer (FED) action against Eckert, asserting that the paperwork submitted was sufficient to prove that US Bank was indeed the “purchaser” of the property. However, in the Trustee’s Deed, a successor trustee is appointed, LSI Title of Oregon, but there was no recorded evidence of that appointment. Eckert argues that, under the former ORS 86.735, a “trustee may foreclose a trust deed by advertisement and sale in the manner provided in ORS 86.740 to 86.755 if . . . the beneficiary and any appointment of a successor trustee are recorded in the mortgage records in the counties in which the property described in the deed is situated.” This Court agreed that there was no recorded evidence that LSI Title was appointed as successor trustee and that the trial court erred in awarding general judgment issuing a notice of restitution and writ of execution. Reversed.