Investigator Bill Paatalo: Why Are The Oregon Courts Ignoring Its Own Rules Regarding The “Surrender And ‘Tender’ Of ‘Original’ Negotiable Instruments?”
This is the Oregon Uniform Trial Court Rule regarding the surrender of negotiable instruments before the entry of a judgment. Oregon is typically a non-judicial foreclosure state. However, the bank servicers have been increasingly choosing to go the judicial route. My sources are telling me that the clerks in the Oregon courts who have been asked about this rule have either said, “we aren’t doing that,” or they provide an expression like that of a “deer in the headlights.” Apparently, the Oregon Court Rules don’t apply to the banks if deemed inconvenient.
(1) In all cases when a judgment is to be based on a negotiable instrument, as defined in ORS 73.0104, the party obtaining judgment must tender the original instrument to the court before the entry of judgment, unless the court has found that such party is entitled to enforce the instrument under ORS 73.0309, and the court must enter a notation of the judgment on the face of the instrument.
(2) The trial court administrator shall return the original instrument only after filing a certified copy of the instrument.
Bill Paatalo
Private Investigator – OR PSID 49411

5 Responses

  1. Its critical that the proffered instrument be challenged by an evidenciary objection and possibly move for a hearing re admissibility, e.g., OSC. NO document should EVER be simply allowed to be received into evidence without sufficient adverse challenges for evidentiary sufficiency, vis., authentic, genuine, hearsay, and original signatures, etc. USE the Evidence Codes and statutes, everyone!
    From Steve at Consumer Rights Defenders at 818.453.3585.

  2. Leo that is a good question. Going judicial
    Would seem to be asking for trouble as opposed to no judicial. Got me by the sneakkers. Maybe the foreclosure mills can run their Fees higher in a judicial foreclosure.

  3. Why are they going the judicial route if they can steal the property and the equity in a private sale?


  4. Because the clerk’s and judges’ pension plans invest in mortgage backed securities.

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