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DIRECTOR OF VETERANS' AFFAIRS v. PETERSEN

TC 82 1634 C; CA A43977; SC S35864.

784 P.2d 1076 (1989)

308 Or. 632

State of Oregon, Acting by and through the DIRECTOR OF VETERANS' AFFAIRS, Plaintiff (below), v. Rita Helen PETERSEN, Petitioner On Review, and Francis R. Petersen, United States of America Internal Revenue Service, State of Oregon Department of Revenue, Charles N. Isaak and Robert H. McSweeney, Defendants (below), and Roy Newman, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided December 28, 1989.

Attorney(s) appearing for the Case

Magar E. Magar, Portland, argued the cause and filed the petition for petitioner on review.

Brian W. O'Brien, Portland, argued the cause for respondent on review.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Rives Kistler, Asst. Atty. Gen., Salem, filed a brief on behalf of amicus curiae State of Or.

Mildred J. Carmack, John R. Faust, Jr., and Schwabe, Williamson & Wyatt, Portland, filed a brief on behalf of amici curiae Oregon League of Financial Institutions, Oregon Bankers Associated and Oregon Mortgage Bankers Ass'n.

FADELEY, Justice.

At issue is the attempted redemption of a residence from a sheriff's sale following foreclosure and judgment for the balance due on a mortgage between Petersen and Oregon's Department of Veterans' Affairs.

The case comes to us as a dispute between Newman, the purchaser at the sheriff's sale, and Rita Petersen, the homeowner who gave a mortgage in 1968 to the Oregon Department of Veterans Affairs (DVA) and who seeks to redeem from the sale...

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