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BANK OF NEW YORK MELLON v. BRANTINGHAM

A166405.

464 P.3d 1143 (2020)

303 Or.App. 649

The BANK OF NEW YORK MELLON, fka The Bank of New York as Successor in Interest to JPMorgan Chase Bank, National Association, as Trustee for C-Bass Mortgage Loan Asset-Backed Certificates, Series 2003-CB4, through their loan servicing agent, Ocwen Loan Servicing, LLC, Plaintiff-Respondent, v. Benjamin S. BRANTINGHAM and Linda A. Brantingham, Defendants-Appellants, and Department of the Treasury et al., Defendants.

Court of Appeals of Oregon.

April 22, 2020.

Attorney(s) appearing for the Case

Charles R. Markley, Portland, argued the cause for appellants. Also on the briefs was Sylvan Law Center, P.C.

Emilie K. Edling, Portland, argued the cause for respondent. Also on the brief was Houser & Allison, APC.

Before Lagesen, Presiding Judge, and Powers, Judge, and Brewer, Senior Judge.

This case presents yet another challenge to the right of a plaintiff in a trust deed foreclosure action to enforce a note and trust deed that were securitized and transferred after their inception. After a trial on the merits, the trial court entered judgment for plaintiff in this case. Although the overarching legal principles are...

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