Shirley v. Tolbert

Defendant appeals a judgment that foreclosed a trust deed on real property based on a tax delinquency of $5.19. Defendant argues that foreclosure was erroneous because plaintiffs waived any entitlement to timely payment of property taxes by accepting late installment payments after discovering the tax deficiency. In all events, defendant asserts that foreclosure is inequitable on these facts. On de novo review, ORS 19.125, we affirm.

On May 11, 1992, defendant agreed to purchase 79 acres of vacant land in Klamath County from plaintiffs for $35,000. Defendant paid $7,183.92 as a down payment.…