Under Oregon’s Deed of Trust Act, a borrower may bring a post-foreclosure suit to overturn a non-judicial sale only for lack of notice or some other fundamental flaw in the foreclosure (such as the borrower not being in default), not for technical noncompliance with statutory requirements that have no impact on the borrower’s substantive rights, such as, in this case listing the wrong entity as beneficiary of the deed of trust in the trustee’s notice of the foreclosure sale.

Ninth Circuit Court of Appeals (Soto, J.); August 3, 2016; 2016 WL 4120687