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BANK OF NEW YORK MELLON v. SULEJMANAGIC

(CC CV13071012) (SC S067155).

481 P.3d 293 (2021)

367 Or. 537

The BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, fka The Bank of New York Trust Company, N.A., as successor to JPMorgan Chase Bank, as Trustee for Residential Asset Mortgage Product, Inc., Mortgage Asset-Backed Pass Through Certificates, Series 2003-RS5, Respondent on Review, v. Zahid SULEJMANAGIC et al., Defendants, and Tanglewood Hills Condominium Association, Petitioner on Review.

Supreme Court of Oregon, En Banc.

February 11, 2021.

Attorney(s) appearing for the Case

Ryan D. Harris , Vial Fotheringham LLP, Lake Oswego, argued the cause and filed the briefs for petitioner on review.

John Thomas , McCarthy Holthus, LLP, Portland, argued the cause and filed the brief for respondent on review.

This case involves the relative priority of liens against a condominium unit. Plaintiff Bank of New York Mellon Trust Company (bank) held a deed of trust to the unit, while defendant Tanglewood Hills Condominium Association (Tanglewood) had a lien for condominium assessments that had not been paid by the owner. Although the bank's lien...

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