OPTION ONE MORTGAGE CORP. v. WALL

(97-80747; CA A99786)

977 P.2d 408 (1999)

159 Or. App. 354

OPTION ONE MORTGAGE CORPORATION, Respondent, v. Marsha H. WALL, aka Marsha S. Ofsthun, Lyle Wall, aka Lyle Ofsthun and All Others, Appellants.

Court of Appeals of Oregon.

Decided March 24, 1999.


Attorney(s) appearing for the Case

Harold D. Gillis, Eugene, argued the cause for appellants. With him on the briefs was Gleaves, Swearingen, Larsen, Potter, Scott & Smith.

Jeffrey E. Potter, Eugene, argued the cause for respondent. With him on the brief were Allen E. Gardner and Lombard, Gardner, Honsowetz, Potter & Budge.

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


WOLLHEIM, J.

In this forcible entry and detainer (FED) action, defendants appeal a judgment in favor of plaintiff, Option One Mortgage, pursuant to ORS 86.7559(5), regarding possession of residential real property and an award of attorney fees to plaintiff as the prevailing party. Defendants' first assignment of error asserts that, because service of the notice of the trust deed foreclosure and sale was inadequate under ORS 86.750(1), plaintiff is not entitled to...

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