DIMEO v. GESIK

(97-2918; CA A100631).

993 P.2d 183 (1999)

164 Or. App. 567

David DIMEO, Respondent, v. Darren B. GESIK, Defendant, and Joseph E. Chrisman and Bonita Jewell Chrisman, Respondents, and Western Bank, a division of Washington Mutual, Appellant.

Court of Appeals of Oregon.

Decided December 29, 1999.


Attorney(s) appearing for the Case

Douglas R. Holbrook argued the cause and filed the opening brief for appellant. With him on the reply brief was Litchfield & Carstens LLP.

Thomas H. Anderson argued the cause and filed the brief for respondent David Dimeo.

No appearance for respondents Joseph E. Chrisman and Bonita Jewell Chrisman.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.


LANDAU, P.J.

Plaintiff Dimeo initiated this action for judicial foreclosure of a trust deed securing a promissory note. Defendant Western Bank also asserted an interest in the real property at issue based on a subsequent trust deed. Western Bank contended that, although its trust deed was later in time than Dimeo's, it nevertheless was entitled to first priority under the doctrine of equitable subrogation, because it reasonably believed that Dimeo's lien had been...

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