Kuvaas v. Cutrell

Defendants appeal from an order granting plaintiffs a partial summary judgment, ORS 18.125, in a mortgage foreclosure suit. Defendants’ answer generally denied the allegations of plaintiffs’ complaint and alleged a counterclaim for fraud and misrepresentation in connection with the transaction which resulted in defendants’ execution of the note and mortgage. Plaintiffs subsequently moved for a partial summary judgment on the note secured by the mortgage. The trial court granted plaintiffs’ motion for the face amount of the note, plus interest and attorney fees.

The judgment was entered and,…