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PREFERRED FUNDING, INC. v. JACKSON

16-99-13001; A112729.

61 P.3d 939 (2003)

185 Or. App. 693

PREFERRED FUNDING, INC., a Washington corporation, Respondent, v. Alfred JACKSON; Richard Harger; Harger & Jackson, an Oregon partnership; and Neighbors Bar & Bistro, Inc., an Oregon corporation, Appellants.

Court of Appeals of Oregon.

Decided January 8, 2003.

Attorney(s) appearing for the Case

Jeffrey E. Potter, Eugene, argued the cause for appellants. With him on the briefs was Gardner, Honsowetz, Potter, Budge & Ford.

Donald J. Churnside, Eugene, argued the cause for respondent. With him on the brief was Gaydos, Churnside & Baker, P.C.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

SCHUMAN, J.

In this dispute, plaintiff is a commercial lender seeking to foreclose on assets in the possession of defendants, who received the assets from a third party in an allegedly fraudulent transfer. Plaintiff prevailed on all three of its claims, two under the Uniform Fraudulent Transfer Act (UFTA) and one under the Uniform Commercial Code (UCC). We review legal issues for errors of law and factual determinations de novo. Morris v. Nance,

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