US Bank NA v. Eckert

The Oregon Trust Deed Act, ORS 86.803 contemplates post-sale challenges to trustees’ sale in forcible entry and wrongful detainer actions, and Oregon Courts have recognized the validity of post-sale challenges.

Plaintiff-respondent petitioned for reconsideration in US Bank, NA v. Eckert. Plaintiff, US Bank brought a forcible entry and wrongful detainer (FED) action following a trustee sale of real property. The trial court awarded US Bank possession of certain real property. Defendant appealed, and The Court of Appeals reversed the trial court’s decision because US Bank failed to establish that “any appointment of a successor trustee was recorded,” as required by ORS 86.752. US bank petitioned for reconsideration, arguing that a defendant is not permitted to challenge the validity of the underlying trustee’s sale in an FED action. The Court allowed the petition, but rejected plaintiff’s argument for modification raised for the first time in its petition. The Court agreed with the defendant’s argument that the Oregon Trust Deed Act ORS 86.803 contemplates post-sale challenges to trustees’ sale, and Oregon Courts have recognized the validity of post-sale challenges. Reconsideration allowed, former opinion adhered to.