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FDIC v. DAVIS

83-10-386; CA A33611.

727 P.2d 133 (1986)

82 Or. App. 8

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Columbia Pacific Bank and Trust Company, a dissolved Corporation, Respondent, v. Richard M. DAVIS; MBA Properties, Inc.; Kerry S. Gilbert and Ted K. Gilbert, dba Gilbert Bros.; Merchants & Planters National Bank of Sherman; and Bob Essin, of the law firm of Henderson, Bryant & Wolfe, Defendants, Ralph A. Nelson, Appellant.

Court of Appeals of Oregon.

Decided October 29, 1986.

Attorney(s) appearing for the Case

Sharon Kelly, Portland, argued the cause for appellant. With her on the briefs were Ralph A. Nelson, and Nelson & Simpson, P.C., Portland.

Jeffrey R. Spere, Portland, argued the cause for respondent. With him on the brief were Kathleen A. Dodds, and Sussman, Shank, Wapnick, Caplan & Stiles, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and WARDEN, Judge.

JOSEPH, Chief Judge.

This is an appeal from a foreclosure judgment obtained as a summary judgment by the Federal Deposit Insurance Corporation (FDIC), acting as receiver of Columbia Pacific Bank & Trust Company (Bank). FDIC was appointed receiver after the Oregon Superintendent of Banks determined that Bank was insolvent.1

FDIC seeks to foreclose a first mortgage dated August 2, 1982, and recorded September 2, 1982, that secured...

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