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FAMILY BANK OF COMMERCE v. NELSON

83-474-NJ-3; CA A31307.

697 P.2d 216 (1985)

72 Or.App. 739

FAMILY BANK OF COMMERCE, an Oregon Banking Corporation, Appellant, v. Betty NELSON, Respondent.

Court of Appeals of Oregon.

Decided March 20, 1985.

Reconsideration Denied May 10, 1985.

Attorney(s) appearing for the Case

Raymond H. Salisbury, Grants Pass, argued the cause for appellant. On the briefs were Steven P. Medley, and Schultz, Salisbury, Cauble & Medley, Grants Pass.

Donald H. Coulter, Grants Pass, argued the cause for respondent. With him on the brief was Myrick, Coulter, Seagraves, Myrick & Adams, Grants Pass.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiff brought an action for the judicial foreclosure of a trust deed and a deficiency judgment. Before trial, plaintiff moved to amend its complaint to be an action on the note secured by the trust deed. The trial court denied the motion to amend and granted a decree of foreclosure, but not a deficiency judgment. Plaintiff appeals and assigns as error the denial of the motion. We reverse.1

In March, 1982, defendant...

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