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NW PROPERTY WHOLESALERS, LLC v. SPITZ

C080713EV, C081288CV; A143458.

287 P.3d 1106 (2012)

252 Or. App. 29

NW PROPERTY WHOLESALERS, LLC, a foreign corporation, Plaintiff-Respondent, v. Jeffrey Whyle SPITZ, Defendant-Appellant. Jeffrey Todd Whyle-Spitz, individually, and on behalf of the Jeffrey Todd Whyle-Spitz Irrevocable Trust; The Jeffrey Todd Whyle-Spitz Irrevocable Trust; and Gunars Edwin Valkirs, Successor Trustee of the Jeffrey Todd Whyle-Spitz Irrevocable Trust, Plaintiffs-Appellants, v. Northwest Trustee Services, INC., a foreign corporation; NW Property Wholesalers, LLC, a foreign corporation; Chase Home Finance, LLC, a foreign limited liability company; and Holly K. Martinez, an individual, Defendants-Respondents. Northwest Trustee Services, INC., a foreign corporation, Third-Party Plaintiff, v. Foreclosure Expeditors, LLC, Third-Party Defendant. Foreclosure Expeditors, LLC, Fourth-Party Plaintiff, v. Capitol Investigation Company, Fourth-Party Defendant.

Court of Appeals of Oregon.

Decided August 29, 2012.

Attorney(s) appearing for the Case

Richard L. Grant , Portland, argued the cause and filed the brief for appellants.

William D. Miner , Portland, argued the cause for respondent Holly K. Martinez. With him on the brief was Davis Wright Tremaine LLP.

Teresa M. Shill argued the cause for respondents Northwest Trustee Services, Inc. and Chase Home Finance, LLC. With her on the brief was Routh Crabtree Olsen, P.C.

Terrance J. Slominski filed the brief for respondent NW Property Wholesalers, LLC.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

ARMSTRONG, P.J.

Plaintiffs Spitz and the Jeffrey Todd WhyleSpitz Irrevocable Trust (the trust) appeal a general judgment in a declaratory judgment action that concluded that their ownership interest in residential real property had been terminated by a trust deed foreclosure sale. Plaintiffs contend that the trial court erred in denying them their requested declaration that the foreclosure sale was invalid as to them because defendants had failed to properly serve...

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