Brittany M. Chandler v. LoanCare, LLC; Lakeview Loan Servicing, LLC; and Trustee Corps

Summary

The United States District Court for the District of Oregon grants Brittany M. Chandler’s ex parte motion for a temporary restraining order against LoanCare, LLC and Trustee Corps. The order enjoins foreclosure proceedings against her Beaverton home based on serious questions concerning disability discrimination under the Fair Housing Act and the likelihood of irreparable harm from loss of the property. The court directs the parties to submit a proposed schedule concerning renewal of the TRO or a preliminary injunction.

Holdings

1. A temporary restraining order should issue because Chandler satisfied the Ninth Circuit's serious-questions test by raising serious questions on the merits, showing a likelihood of irreparable injury, demonstrating that the balance of hardships tipped sharply in her favor, and establishing that an injunction was in the public interest.
2. Chandler raised serious questions as to whether LoanCare discriminated against her on the basis of disability by offering or extending financial assistance to Creger but not to her after learning of her disability.

Questions Presented

1. Whether Chandler satisfied the standard for issuance of an ex parte temporary restraining order preventing foreclosure proceedings.
2. Whether Chandler raised serious questions on the merits of her Fair Housing Act disability-discrimination claim.
3. Whether the balance of hardships, likelihood of irreparable injury, and public interest supported temporary injunctive relief.

Disposition

other