National Credit Union Administration Board v. Cross Creek Land, LLC et al
Plaintiff: National Credit Union Administration Board
Defendant: Creek Land South, LLC and Cross Creek Land, LLC
Case Number: 3:2016cv01035
Filed: June 8, 2016
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: Michael H. Simon
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgment
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 3, 2016 Opinion or Order Filing 16 Opinion and Order - The Court GRANTS Plaintiff's Motion to Dismiss Counterclaim (ECF 7) and Motion for Partial Judgment on the Pleadings (ECF 14 ). The Court declares that: (1) Plaintiff had the right, power, and authority to (i) appoint itself as Liquidating Agent of the Credit Union pursuant to 12 U.S.C. § 1787(a)(1)(A), and, (ii) acting in its capacity as Liquidating Agent, repudiate the Contracts pursuant to 12 U.S.C. § 1787(c)(1); (2) Defendants were not, as of the date of r epudiation, in actual possession of the subject property as contemplated by 12 U.S.C. § 1787(c)(6); and (3) as a result of the repudiation, the Liquidating Agent is now the owner of fee simple title to the subject property, and Defendants lack a ny equitable or legal right, title, or interest in the subject property. The Court quiets title in Plaintiff to (1) the property located at 2315 N. Roosevelt Drive, Seaside, Clatsop County, Oregon, and (2) the tract of six contiguous parcels located East of S. Roosevelt Drive and South of Avenue N, Seaside, Clatsop County, Oregon, county assessor's parcel numbers 12753, 12754, 12755, 12756, 12873, and 12874. Signed on 11/3/2016 by Judge Michael H. Simon. (mja)
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Defendant: Creek Land South, LLC
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Defendant: Cross Creek Land, LLC
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Plaintiff: National Credit Union Administration Board
Represented By: Brian C. Hickman
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