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SMITH v. PILUSO

A8210-06663; CA A32690.

719 P.2d 33 (1986)

79 Or.App. 238

J.F. SMITH by June E. COE, her attorney in fact, Respondent, v. Ernest PILUSO, Ellen C. Piluso, Ernest M. Piluso and Helen Smith, as Conservators to Ernest Piluso and Ellen C. Piluso, James E. Cartier, Shirlene C. Cartier and Woodworth Properties, Inc., Defendants, John (Jay) Woodworth, dba Woodworth Construction Co., Appellant.

Court of Appeals of Oregon.

Decided May 14, 1986.

Attorney(s) appearing for the Case

Brad Littlefield, Portland, argued the cause for appellant. With him on briefs was Goldsmith, Siegel, Engel & Littlefield, Portland.

Charles S. Tauman, Portland, argued the cause for respondent. On brief were Gregory A. Hartman and Bennett, Hartman, Tauman & Reynolds, P.C., Portland.

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

BUTTLER, Presiding Judge.

Defendant Woodworth appeals from a decree of foreclosure of a trust deed securing a promissory note in the amount of $70,000. On appeal, he contends that plaintiff "waived" the right to foreclose for late payments without first giving him notice that, if he did not cure the default within a reasonable time, the trust deed would be foreclosed.1 We reverse.

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