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STATE, DIRECTOR OF VETERANS' AFFAIRS v. MARTIN

16-90-02710; CA A82703.

898 P.2d 230 (1995)

135 Or.App. 416

STATE of Oregon, Acting By and Through the DIRECTOR OF VETERANS' AFFAIRS, Appellant, v. Thomas J. MARTIN, Respondent, and United States of America Internal Revenue Service, William Van Vactor, David Burks, Oregon Department of Veterans Affairs and Oregon Department of Transportation, Cross-Defendants. Thomas J. MARTIN, Third-Party Plaintiff, v. William C. GRANT and Robert J. WRIGHT, Third-Party Defendants, and United States of America Internal Revenue Service, William Van Vactor, David Burks, Oregon Department of Veterans Affairs and Oregon Department of Transportation, Additional Third-Party Defendants.

Court of Appeals of Oregon.

Decided July 12, 1995.

Attorney(s) appearing for the Case

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Harrison Latto, Asst. Atty. Gen., filed the briefs for appellant.

Thomas J. Martin filed the brief pro se.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

DEITS, Presiding Judge.

The Department of Veteran's Affairs (plaintiff) was the mortgagee of certain real property belonging to the Wrights. After the mortgage was executed and recorded, the Wrights entered into an agreement, variously described as a lease or lease-option, with Thomas Martin (defendant) as the tenant. The Wrights defaulted on their debt to plaintiff. Plaintiff brought a foreclosure action, to which defendant was not named a party, and plaintiff ultimately...

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