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MASON v. PIEDMONT PROPERTIES, INC.

9604826CV; A120954.

100 P.3d 1136 (2004)

196 Or. App. 255

Lyman Gates MASON and Kathleen H. Mason, Respondents, v. PIEDMONT PROPERTIES, INC., an Oregon corporation, Appellant, and Leonard W. Gotshalk, Linda W. Gotshalk, Robert Schacht, Albin Co., Copeland Lumber Yards, Inc., State of Oregon Department of Revenue, Mills Ltd., dba Credit Bureau of Klamath County, David G. Reed, Michele A. Reed, United States of America, XIT LLC, aka Hamilton Fund LLC, Tyrholm Big R, Inc., Clark Real Estate Company, aka Clark Real Estate Co., Inc., and Universal Fund LLC, Defendants below, and Lone Pine Ranch of Southern Oregon, Assignee Below. Leonard Gotshalk, Third-Party Plaintiff below, and Jamis M. Johnson and John Hollingshead, Third-Party Defendants below, and Maryann Schacht, Trustee on behalf of Schacht Community Property Trust, Trustee below.

Court of Appeals of Oregon.

Decided November 24, 2004.

Attorney(s) appearing for the Case

Kenneth M. Tharp, Medford, argued the cause for appellant. With him on the briefs was Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore, P.C.

Stephen C.P. Carroll, Eugene, argued the cause for respondents. With him on the brief was Muhlheim, Boyd & Carroll.

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

EDMONDS, P.J.

Defendant Piedmont Properties, Inc. (Piedmont) appeals from a trial court order quashing its notice to redeem real property foreclosed on in Klamath County. ORS 19.205(2)(c) (2001), amended by Or. Laws 2003, ch. 576, §§ 85 to 90a. Piedmont argues that it is a mortgagor under the redemption statutes, former ORS 23.520 through ORS 23.600 (2001),1 and, therefore, that it holds the right to redeem the...

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