BARCLAYSAMERICAN/FINANCIAL v. BOONE

16-88-01460; CA A49530.

768 P.2d 439 (1989)

95 Or.App. 347

BARCLAYSAMERICAN/FINANCIAL, Inc., Respondent, v. R.L. BOONE, Personal Representative of Riley Don Boone, Deceased, and Diana Nizich, Appellants.

Court of Appeals of Oregon.

Decided February 22, 1989.


Attorney(s) appearing for the Case

Asa L. Lewelling, Salem, argued the cause for appellants. With him on the brief was Carlton P. Loennig, Portland.

Victor C. Pagel, Salem, argued the cause and filed the brief for respondent.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Plaintiff moved for a summary judgment in this action on a promissory note executed by defendants. Defendants did not deny they were in default, but contended that plaintiff had elected the remedy of non-judicial foreclosure of a trust deed securing the note before filing its complaint. The trial court granted plaintiff's motion. Defendants appeal, and we affirm.

Defendants argue that, once a non-judicial foreclosure of a trust deed is commenced...

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