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MLCFC v. HEMSTREET

C115161CV; A151708.

323 P.3d 361 (2014)

261 Or. App. 220

MERRILL LYNCH COMMERCIAL FINANCE CORP., a Delaware corporation, Plaintiff-Respondent, v. Mark S. HEMSTREET, an individual; Shilo Management Corporation, an Oregon corporation, Defendants-Appellants, and JDCK, LLC, an Oregon limited liability company; Troy Lodge, LLC, an Oregon limited liability company; and LSSR, LLC, an Oregon limited liability company, Defendants.

Court of Appeals of Oregon.

Decided February 20, 2014.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr. , argued the cause for appellants. With him on the briefs were Charles R. Markley and Greene & Markley, P.C.

Teresa H. Pearson argued the cause for respondent. With her on the brief were Jeanne Kallage Sinort and Miller Nash LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

HADLOCK, J.

This case involves a large commercial debt that defendants Mark Hemstreet and Shilo Management Corporation owed to plaintiff. The facts are described in more detail below. In a nutshell, after defendants repeatedly defaulted on a commercial loan from plaintiff, they executed a confession of judgment that encompassed both (1) a money judgment in favor of plaintiff "and against defendants [Hemstreet and Shilo] jointly and severally," in an amount exceeding...

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