BENJ. FRANKLIN FEDERAL SAVINGS & LOAN v. PARKER

A8503-01671; CA A41211.

741 P.2d 512 (1987)

87 Or.App. 64

THE BENJAMIN FRANKLIN FEDERAL SAVINGS & LOAN ASSOCIATION, Respondent, v. Eugene L. PARKER, Individually and As Personal Representative of the Estate of Martha E. Parker, Khanh Nguyen & Tuyet Nguyen, Appellants.

Court of Appeals of Oregon.

Decided August 26, 1987.

Reconsideration Denied October 16, 1987.

Review Denied November 3, 1987.


Attorney(s) appearing for the Case

Charles D. Bates, Portland, argued the cause and filed the briefs for appellants.

Forrest N.A. Bacci, Portland, argued the cause for respondent. With him on the brief was Niehaus, Hanna, Murphy, Green, Osaka & Dunn, Portland.

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


WARDEN, Presiding Judge.

Defendants Eugene and Martha Parker (defendants)1 appeal from a judgment which upheld plaintiff's acceleration of a note made by both defendants and a mortgage given by Martha alone to secure the payment of a loan from plaintiff. Plaintiff accelerated the obligations, because defendants sold the property on contract without first obtaining plaintiff's approval, as the mortgage required. The court awarded plaintiff...

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