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DIRECTOR OF VETERANS' AFFAIRS v. BIERLEIN

846-246; CA A78144.

859 P.2d 1182 (1993)

123 Or. App. 360

STATE of Oregon, acting By and Through the DIRECTOR OF VETERANS' AFFAIRS, Plaintiff, v. Leonard A. BIERLEIN and Ramona B. Bierlein et al., Respondents, Caleb Siaw and E. Dylene Siaw, by assignees Charles A. Drake and Marilyn J. Drake, Appellants, Hidden Springs Adult Care Homes, Inc., Garnishee-Respondent, and Carl R. Slaughter, Genevieve L. Slaughter, Larry Baker, dba Alder Tree Construction Co., Valley Aluminum Window Co., nka Valley Window Co., and Bell Heating, Inc., Defendants.

Court of Appeals of Oregon.

Decided September 29, 1993.

Attorney(s) appearing for the Case

Ronald W. Parks, Clackamas, argued the cause for appellants. With him on the brief was Kenneth Lee Baker, Clackamas.

Fred A. Granata, Portland, argued the cause for respondents. With him on the brief was McKeown & Brindle, Portland.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

WARREN, Presiding Judge.

This is an appeal of an order effectively voiding a personal judgment in a foreclosure action. We vacate the order and hold that the judgment is valid.

The Siaws had a purchase money mortgage on real property belonging to respondents Bierlein. Plaintiff, Director of Veterans Affairs (the DVA), also had a mortgage on the property and filed this action to foreclose in 1984. The Siaws, defendants in that case, filed a cross-claim praying...

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