OREGON BANK v. HAWKINS

83-180-NJ-3; CA A31053.

693 P.2d 1321 (1985)

71 Or.App. 791

The OREGON BANK, an Oregon Banking Corporation, Respondent, v. Richard A. HAWKINS, Appellant, Lock J. Piatt, Kenneth L. Joyner, Lee D. Couch and Richard L. Farrell, Each Individually and As Joint Venturers Dba Economy Self Storage No. 3; Susan Farrell; Beatrice Couch; Marie S. Piatt; Bancorp Service Bureau, Inc., an Oregon Corporation; United States National Bank of Oregon, a National Banking Association; Central Point State Bank, an Oregon Banking Corporation; Transamerica Financial Services, a California Corporation; Roger S. Hull, James M. Wright, Charles L. Butler, Jr., Isabel M. Wild, and David L. Burlingame, Partners Dba Advanced Collections; Merlin Fjarli; Pioneer National Title Insurance Co., a California Corporation, Trustee for Merlin Fjarli; Deanna D. Joyner and Dawn C. Hawkins, Defendants.

Court of Appeals of Oregon.

Decided January 23, 1985.


Attorney(s) appearing for the Case

William A. Fowler, Medford, argued the cause for appellant. With him on the brief was Heffernan, Fowler, Alley & McNair, Medford.

Carlton D. Warren, Portland, argued the cause for respondent. On the brief was James P. Laurick, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant Hawkins appeals from a judgment entered in a judicial foreclosure of a trust deed, contending that the trial court erred in holding that plaintiff is entitled to a deficiency judgment against him under ORS 86.770(3) (since amended by Or. Laws 1983, ch. 719, § 8). We affirm.

On November 27, 1981, defendant Economy Self Storage No. 3, a joint venture comprised of defendant Richard Hawkins, Lock Piatt, Kenneth Joyner, Lee...

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