Oregon Mortgage Law
<h2><center> United States of America v. Alireza Zamanizadeh, aka Ali Zamani </h2> </center>
Portland, Oregon criminal defense lawyer represented defendant charged with using a residential property he did not own as collateral for obtaining a bank loan worth more than $316,000.<br> <br> <br> On or about February 17, 2017, Alireza Zamanizadeh, aka Ali Zamani, 63, filed a quitclaim deed in Deschutes County, transferring a residential property in Bend, Oregon to his business for one dollar w... More...
$0 (05-10-2022 - OR)<center> <h2> United States of America v. Saffron Gustafson </h2> </center>
<center><br> <img width="400" src="http://www.morelawtv.com/wp-content/uploads/2020/08/Portland_OR_Fed.png"><br> </center><br> <br> Portland, OR - The United States of America charged Saffron Gustafson, ate 43, with fraud for defrauding six health insurance plans of approximately $1.3 million and for evading $99,000 in federal income taxes.<br> <br> “Health care fraud affects all Americans beca... More...
$0 (09-09-2020 - OR)<center> <h2> United States of America v. Mary Holden Ayala </h2> </center>
<center><br> <img width="300" src="https://www.wbdg.org/images/fed_courthouse_01.jpg"><br> </center><br> Portland, OR - Jury Convicts Former President of Oregon Foster Care Agency on Theft, Money Laundering and Tax Evasion Charges<br> <br> A federal jury found Mary Holden Ayala, 59, of Portland, guilty of stealing nearly $1 million from an Oregon foster care agency, money laundering and filing fal... More...
$0 (02-08-2019 - OR)<center> <h2> United States of America v. Geoffrey S. Walsh <P> <img width="300" src="https://af-oregon.org/wp-content/uploads/2013/04/hatfield-ch_ex_091.jpg"> <P> District of Oregon Federal Courthouse - Portland, Oregon </h2> </center>
Portland, OR - Former Bank of Oswego Executive Receives Federal Prison Sentence for Fraud<br> <br> U.S. District Court Judge Michael H. Simon sentenced Geoffrey S. Walsh, a former vice president of the Bank of Oswego, to 30 months in federal prison followed by a three-year term of supervised release. Walsh had previously pleaded guilty to one count each of conspiracy to make false entries in bank ... More...
$0 (01-29-2018 - OR)Macadam Bay Homeowners Association v. David Soyster, Joy Soyster and James Idle
Defendants David Soyster, Joy Soyster, and James<br> Idle appeal from a general judgment granting declaratory<br> relief to plaintiff Macadam Bay Homeowners Association<br> (Macadam Bay). On appeal, defendants assign error to the<br> trial court’s grant of Macadam Bay’s motion for summary<br> judgment. Defendants contend that the trial court incorrectly<br> concluded, as a matter of law, that ... More...
$0 (06-01-2017 - OR)Nationstar Mortgage, LLC v. Richard Niday
Defendants Richard Niday and Rebecca Lewis<br> appeal a general judgment of judicial foreclosure of a residential<br> deed of trust. The trial court granted summary<br> judgment to plaintiff on its claim of judicial foreclosure after<br> determining that there was no genuine issue of material fact<br> that plaintiff was the holder of the promissory note signed<br> by defendants and that defendants... More...
$0 (02-15-2017 - OR)Marshall Johnson v. J.G. Wentworth Originations, LLC and Metropolitan Life Insurance Company
Marshall Johnson is the beneficiary of a right to<br> periodic payments under a structured settlement agreement.<br> Petitioner J. G. Wentworth Originators, LLC (J. G.<br> Wentworth) brought this special proceeding under ORS<br> 33.857 to 33.875 (2005),1 seeking to purchase at a discount<br> Johnson’s right to one future annuity payment and a portion<br> of a future lump sum payment. The trial c... More...
$0 (03-01-2017 - OR)Neal Kaste v. Land O'Lakes Purina Feed, LLC
Plaintiffs Neal and Nancy Kaste operate a dairy<br> farm in Tillamook County, and contracted with defendant,<br> Land O’Lakes Purina Feed LLC, to provide them with feed<br> for their dairy cows. That feed sickened a number of plaintiffs’<br> cows and killed others, causing plaintiffs to incur veterinary<br> expenses to care for the cows as well as other losses.<br> Plaintiffs sued defendant, a... More...
$0 (03-08-2017 - OR)Lee Pacific Properties v. Century Pacific Equity Corporation
Because this is an equitable case, the Court of Appeals, “acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record.” ORS 19.415(3)(b). No party has requested that we exercise our discretion to review de novo. Nevertheless, as explained below, 272 Or App at 635, the trial court’s interpretation of the parties’ settlement... More...
$0 (08-03-2015 - OR)In the Matter of the Marriage of Debbie L. Find nka Debbie L. Thomason and Scott Fine
Husband appeals a general judgment of dissolution, seeking a modification of the property division and spousal support award. He asserts that the trial court erred when it (1) miscalculated the amount of money that wife withdrew from the parties’ joint bank accounts, and failed to account for that amount in the property division; (2) failed to account, in the property division, for $165,000 wort... More...
$0 (07-15-2015 - OR)United States of America v. Shane Reed
EUGENE, OR - Shane Reed, 53, of Rogue River, Oregon, pleaded guilty in U.S. District Court in Eugene to willfully failing to pay $125,000 in federal income taxes. He was sentenced to five years of probation.<br> <br> Reed admitted that in 2006, 2007 and 2008 he filed U.S. Income Tax returns reporting a total of $880,000. Based on that income he owed $129,000 in income taxes and did not pay those... More...
$0 (05-13-2015 - OR)Thein Htaike v. Rosalind Sein a/k/a Daw Myint Myint Sein
Plaintiffs filed this action seeking recovery of over<br> $200,000 on the general theory that defendants had secured<br> a series of promissory notes at exorbitant interest rates from<br> plaintiffs through loansharking. Over the years, plaintiffs<br> paid substantial sums on those notes but, despite repeated<br> requests from plaintiffs, defendants never gave them an<br> accounting of how much th... More...
$0 (02-25-2015 - OR)In the Matter of the Marriage of Morgan
Wife appeals a judgment of dissolution, challenging<br> the trial court’s division of the parties’ property, spousal<br> support award to her, and determination of child support.<br> She contends that the property division was inequitable<br> because the trial court based its decision on erroneous findings<br> of fact and awarded husband too great a share of the<br> parties’ m... More...
$0 (02-11-2015 - OR)Fred E. Relling v. Lislie Khorenian
2 Plaintiff owns a parcel of real property in Crook County. He filed a<br> 3 declaratory judgment action in February 2009 against adjoining landowners seeking to<br> 4 establish that he has an easement over their property for access to his property. He<br> 5 appeals a general judgment declaring that express easements exist on the property of two<br> 6 defendants, that those easements are not appur... More...
$0 (02-12-2014 - OR)Donna Burgdorf v. Brian K. Weston
2 This civil case arises out of an ownership dispute concerning a piece of real<br> 3 property, which plaintiff and defendant each assert that they own, and exchanges of<br> 4 money between the parties. Plaintiff appeals from a limited judgment entered by the trial<br> 5 court after the court granted defendant's motion for summary judgment on plaintiff's<br> 6 claims for declaratory relief, fraud,... More...
$0 (12-11-2013 - OR)Bela and Eva Lengyel v. JPMorgan Chase
Bela and Eva Lengyel sued JPMorgan Chase on a breach of contract theory claiming that they were damaged by the failure of JPMorgan Chase to refinance their home in Hillsboro, Oregon. They claimed that they were advise to fault on the note that they had signed and that after doing so they could refinance the note. Bela Lengyel claimed that the contacted the bank in 2008 seeking to lower the month... More...
$10850 (07-19-2013 - Or)Bart G. Brandrup v. Recontruct Company, N.A.
These cases come before this court on four certified questions of law from 2 the United States District Court for the District of Oregon. See Brandrup v. ReconTrust 3 Co., 352 Or 320, 287 P3d 423 (2012) (accepting certified questions); ORS 28.200 to 4 28.255 (providing procedure for certifying questions to the Oregon Supreme Court and 5 authorizing court to answer certified questions). The questio... More...
$0 (06-06-2013 - OR)Rebecca Niday v. GMAC Mortgage, LLC
2 This is the second of two cases this court decides today that is concerned<br> 3 with the nonjudicial foreclosure of trust deeds under the Oregon Trust Deed Act (OTDA)<br> 4 and the mortgage finance industry's practice of naming the Mortgage Electronic<br> 5 Recording System, Inc., (MERS), rather than the lender, as a trust deed's "beneficiary."<br> 6 In Brandrup v. ReconTrust Co., __ Or __, ___... More...
$0 (06-06-2013 - OR)Philip Kaptur v. Loreen Kaptur
2 Wife appeals a dissolution judgment, challenging the trial court's property<br> 3 division. In particular, wife quarrels with two components of the trial court's property<br> 4 division. First, wife contends that the equalizing payment included in the judgment was<br> 5 too large based on the trial court's incorrect "finding that the parties had a $33,600 debt<br> 6 on their home." Wife also ass... More...
$0 (05-15-2013 - OR)NW Property Wholesalers, LLC v. Jeffrey Whyle Spitz
2 Plaintiffs Spitz and the Jeffrey Todd Whyle-Spitz Irrevocable Trust (the<br> 3 trust) appeal a general judgment in a declaratory judgment action that concluded that<br> 4 their ownership interest in residential real property had been terminated by a trust deed<br> 5 foreclosure sale. Plaintiffs contend that the trial court erred in denying them their<br> 6 requested declaration that the foreclos... More...
$0 (08-29-2012 - OR)Pine Ridge Park v. Dorothy Fugere
2 Defendant appeals from the denial of her motion to quash a notice of<br> 3 restitution in this forcible entry and detainer (FED) action. This case poses the issue<br> 4 whether the filing of a supersedeas undertaking on appeal pursuant to ORS 19.335(2)<br> 5 tolls the 60-day limit on issuance of process to enforce a judgment for restitution of<br> 6 premises under ORS 105.159(3). We affirm.<br> ... More...
$0 (09-26-2012 - OR)In the Matter of the Marriage of Thomas Patrick Fay v. Jody Lynn Fay
2 Husband appeals a dissolution judgment, challenging the trial court's<br> 3 property division and decision to award wife a portion of her attorney fees. Husband<br> 4 contends that the court unjustly required him to pay certain debts without giving him a<br> 5 balancing award of other property. He also argues that the court improperly awarded<br> 6 attorney fees without giving him an adequate op... More...
$0 (07-25-2012 - OR)Adele Janice Hanscam v. Steve Eugene Hanscam
2 Wife appeals from a general judgment dissolving the parties' marriage. She<br> 3 challenges the trial court's division of the parties' property, in particular, a rental house<br> 4 (the Cedar Street property); husband's accounting practice (the CPA practice); husband's<br> 5 interest in a family partnership, Hanscam Properties Limited Partnership (HPLP); and a<br> 6 1972 Porsche car. She argues ... More...
$0 (12-14-2011 - OR)Donald Welton Loomis v. Claudia Clara Loomis
2 Husband appeals a dissolution judgment, challenging the trial court's<br> 3 division of marital property. Husband argues that the trial court erred when it failed to<br> 4 award him 50 percent of the marital property and, further, that the division of the marital<br> 5 property was not just and proper. The disputed marital property includes real property<br> and annuities. On de novo review, ORS... More...
$0 (12-14-2011 - OR)In the Matter of the Marriage of Rbarbara Ellen Frost and Steven Richard Frost
Wife appeals the trial court's supplemental judgment terminating husband's maintenance spousal support obligation to wife. Wife argues that several findings of fact that the trial court made did not comport with uncontroverted evidence, that those erroneous findings infected the trial court's conclusion that spousal support should be terminated, and that, in any event, the trial court erred in ret... More...
$0 (06-29-2011 - OR)Farmers Insurance Company of Oregon v. American Family Mutual Insurance Company
On November 6, 2006, a tree fell on the Dodson home, causing extensive damage that ultimately required the payment of major repair costs. This litigation arises from the unusual circumstance that, at the time of the loss, the Dodsons had in effect two separate homeowners' insurance policies that, by their terms, covered the loss. The first, issued by defendant, was taken out in April 2006. The sec... More...
$0 (06-15-2011 - OR)Butler Block, LLC v. Tri-County Metropolitan Transportation District of Oregon
Plaintiff Butler Block, LLC (Butler Block) appeals, assigning error to the trial court's allowance of summary judgment in favor of defendant Tri-County Metropolitan Transportation District of Oregon (TriMet). On appeal, Butler Block raises a single assignment of error, contending that the trial court erred in granting summary judgment to TriMet because there are issues of material fact as to wheth... More...
$0 (04-27-2011 - OR)Estrelia Saldivar v. Ken Roberts
In this civil action alleging claims of fraud, misrepresentation, conversion, and unfair labor practices, plaintiff appeals an order of the trial court setting aside a general judgment and order of default on the ground of excusable neglect. ORCP 71 B(1)(a). Plaintiff contends that the undisputed facts do not support the conclusion that defendants' default was the result of excusable neglect. We r... More...
$0 (01-12-2011 - OR)Michael V. Deming v. Debra Ann Deming
Wife appeals the trial court's dissolution judgment, assigning error to the court's spousal support award and property division. We reject her contentions concerning spousal support without discussion and write only to address wife's argument that, when dividing the parties' property, the trial court erred by valuing husband's retirement accounts (the "Retirement Income Plan" and the "Savings Plan... More...
$0 (01-19-2011 - OR)Nina Terlyuk v. Viktor Krasnogorov
The trial court granted defendant's motion to set aside a default judgment on plaintiffs' personal injury claim pursuant to ORCP 71 B(1)(a) ("mistake, inadvertence, surprise, or excusable neglect"), and plaintiffs appeal, contending that defendant failed to establish a basis for relief from the default judgment. Defendant argued to the trial court that relief should be allowed because of his mist... More...
$0 (09-29-2010 - OR)Jon Churchill Calhoun v. Rusty L. Bennett
Plaintiffs, who are licensed construction contractors, appeal a judgment denying their claim for foreclosure of a construction lien and awarding them damages for breach of contract or quantum meruit in the amount of $40,000.(1) They assert two assignments of error. First, they argue that the trial court erred in concluding that their construction lien was invalid because they had failed to deliv... More...
$0 (07-07-2010 - OR)Joseph S. Livingston v. Metropolitan Pediatrics, L.L.C.; Heather M. Moore, M.D.; Dean A. Moshofsky, M.D.; Karen H. Lickteig, M.D.; Gwynneth G. Neace, D.O.: Ricahrd Barsotti, M.D.; Gaile A. Rydell, M.D.; Catherine Thomas; PMP; Karen Heichelheim; Mary Kay Brady; and Nicole Huyck, aka Nichole Powers
Plaintiff brought common-law claims against defendants for wrongful discharge, breach of contract, intentional infliction of emotional distress, and intentional interference with economic relations, and brought statutory claims of employment discrimination, ORS 659A.230 (whistleblowing),(1) and blacklisting, ORS 659.805.(2) This is an interlocutory appeal of an order denying defendants' motion t... More...
$0 (03-03-2010 - OR)David Hallberg v. City of Portland
Plaintiff initiated this action against his former employer, defendant City of Portland, for indemnity of expenses that plaintiff incurred in defending an action that had been brought against him in federal court. The city moved for summary judgment on a variety of grounds, including that plaintiff is estopped from seeking indemnity in this case given the position that he successfully asserted in... More...
$0 (08-19-2009 - OR)Lawrence D. Brice v. Richard J. Hrdlicka
Defendant appeals a judgment enforcing an oral agreement for the conveyance of an interest in real property. Although defendant advances seven assignments of error, we write only to address defendant's contention that the statute of frauds prohibits the agreement's enforcement, rejecting defendant's other assignments of error without discussion. Because we conclude that plaintiff demonstrated pa... More...
$0 (04-15-2009 - OR)In the Matter of the Marriage of JOHN LEE POWELL and JO ANNE POWELL, nka Joey Wakefield
On appeal in this dissolution of marriage case, husband challenges the trial court's property distribution and its award of spousal support to wife. In particular, he asserts that the trial court erred in allocating to him the financial responsibility for the majority of the credit card debt incurred by the parties, in awarding wife the marital residence, in treating husband's half interest in th... More...
$0 (01-28-2009 - OR)Marlena Osborne v. Gary Fadden and Susan Williams
Respondents(1) appeal a judgment entering two permanent stalking protective orders (SPOs), a money judgment, and an order certifying compliance with federal domestic violence firearm laws, 18 USC § 922(d)(8), (g)(8). On review, we conclude that the evidence is insufficient to support the entry of SPOs against either respondent, and, accordingly, we reverse.<br><br>We review the facts supportin... More...
$0 (01-28-2009 - OR)I-County Center Trust v. Stephen B. Martin and Trigard Triangle Development, LLC
Defendants appeal from a judgment directing the partition by division of real property that the original parties held as tenants in common.(1) The issue presented on appeal is whether real property that was owned by one of the original cotenants and his wife and that adjoined the partitioned property could be considered in assessing the potential use and value of the partitioned property in order... More...
$0 (01-28-2009 - OR)Janice K. Terway v. Real Estate Agency
Petitioner, a licensed real estate salesperson, seeks judicial review of a final order of the Real Estate Commissioner (the commissioner) reprimanding her for violating ORS 696.301(1) and ORS 696.805(2)(c) during her representation of a seller in a real estate transaction.(1) The commissioner concluded that two separate violations occurred when petitioner, as the selling agent, failed to disclose... More...
$0 (11-05-2008 - OR)Brian Keith Cessnun v. James Phillip Daily, Jerry Howe and Elaine Howe
Defendant James Phillip Daily (Daily) contracted to sell real property to plaintiff Brian Cessnun (Cessnun). The transaction did not close, and Daily subsequently agreed to sell the property to defendants Jerry and Elaine Howe (the Howes). Cessnun brought an action to compel specific performance of his earnest money contract with Daily and for a declaration that his right to purchase the property ... More...
$0 (10-17-2008 - OR)Brenda Ballard, etc. v. City of Albany, Linn County, State of Oregon and Oregon State Police, et al.
Plaintiff, personal representative of the estate of Philip R. Ballard (Ballard),(1) appeals a judgment for defendants City of Albany (city), Linn County (county), and the State of Oregon and the Oregon State Police (OSP) on plaintiff's negligence and battery claims. Plaintiff sought damages for personal injuries suffered during a traffic stop when police officers used a police dog to remove him fr... More...
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