By David Koen

On February 26, 2014, the Oregon Court of Appeals affirmed without opinion the Multnomah County Circuit Court’s decision in Deutsche Bank National Trust Company, as Trustee for Indymac INDX Mortgage Loan Trust 2005-AR8, Mortgage Pass-Through Certificates Series 2005-AR8 v. Delaney, No. A151655, 261 Or App 477 (2014).

Defendants’  appeal included three assignments of error:

(1) the Circuit Court erred in excluding the pooling  and servicing agreement at issue with respect to alleged discrepancies concerning the conveyance of the loan at issue;

(2) the Circuit Court erred in refusing to give effect to an order in another case granting Defendants’ motion to compel discovery; and

(3) the Circuit Court erred in excluding evidence of payments on the loan to plaintiff by certain non-party entities.