FDIC v. BURDELL

16-86-04163; CA A43052.

759 P.2d 282 (1988)

92 Or.App. 389

FEDERAL DEPOSIT INSURANCE CORPORATION, a Federal Corporation, Respondent, v. John W. BURDELL and L. June Burdell, Husband and Wife, Appellants, and Empire Financial Services, Inc., an Oregon Corporation, Defendant.

Court of Appeals of Oregon.

Decided August 10, 1988.


Attorney(s) appearing for the Case

Harold D. Gillis, Eugene, argued the cause and filed the briefs for appellants.

Paul V. Vaughan, Eugene, argued the cause for respondent. With him on the brief were William L. Philbrick and Hershner, Hunter, Moulton, Andrews & Neill, Eugene.

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


BUTTLER, Presiding Judge.

Plaintiff brought this action against defendants Burdell (defendants) for the judicial foreclosure of a trust deed and a deficiency judgment. Defendants appeal a final judgment entered after the court granted plaintiff's motion for summary judgment, assigning as errors the court's entering a personal judgment against them, applying a 1985 amendment to ORS 86.770(3) and awarding costs, disbursements and attorney fees to plaintiff. We affirm...

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