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WRIGHT v. ASSOCIATES FIN. SERVICES, ETC.

No. 16-80-02377; CA A21242.

651 P.2d 1368 (1982)

59 Or.App. 688

Robert J. WRIGHT and Thomas Martin, Appellants, v. ASSOCIATES FINANCIAL SERVICES COMPANY OF OREGON, Inc., Respondent.

Court of Appeals of Oregon.

Decided October 13, 1982.

Reconsideration Denied November 18, 1982.

Attorney(s) appearing for the Case

Robert J. Wright, Noti, and Thomas J. Martin, filed the briefs in pro. per. for appellants.

Darst B. Atherly, Ausey H. Robnett, III, and Atherly, Butler & Burgott, Eugene, filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

VAN HOOMISSEN, Judge.

In this proceeding for declaratory relief, plaintiffs sought a decree declaring that (1) a trust deed to plaintiff Wright's property could not be foreclosed by advertisement and sale; (2) the provisions of the Oregon Trust Deed Act (Act) which permit a trustee to foreclose a trust deed without judicial intervention are unconstitutional; (3) the loan secured by the trust deed was not in default at the time of foreclosure; (4) defendant had breached...

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