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DIRECTOR OF VETERANS AFFAIRS v. GUTHRIE

86-07-21,062E; CA A48180.

775 P.2d 874 (1989)

97 Or.App. 99

State of Oregon, Acting by and through the DIRECTOR OF VETERANS AFFAIRS, Appellant, v. John GUTHRIE; Shirley G. Nunnally; Joan M. Nunnally; L. Annette Nevin, a/k/a L. Annette Currey; Max R. Brown; and Kathleen Brown, Respondents.

Court of Appeals of Oregon.

Decided June 14, 1989.

Attorney(s) appearing for the Case

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for appellant. On the briefs were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Darrell E. Bewley, Asst. Atty. Gen., Salem.

Clayton C. Patrick, Salem, argued the cause for respondents, Max R. Brown and Kathleen Brown. With him on the brief were William D. Brandt, Salem, for respondents, Max R. and Kathleen Brown, and William F. Schroeder, Vale, for respondent, L. Annette Nevin.

Max S. Taggart, II, Ontario, waived appearance for respondents, Shirley G. Nunnally and Joan M. Nunnally.

No appearance for respondent, John Guthrie.

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

BUTTLER, Presiding Judge.

The Director of the Department of Veterans Affairs (DVA) appeals from a judgment in this foreclosure action, assigning error to the trial court's ruling that it is estopped from foreclosing on one of two properties covered by the mortgage and the failure to provide for interest on the loan balance at an increased rate from the time the property was sold. We review de novo.

On March 26, 1979, DVA loaned $150,000 to defendants...

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