Patterson v. Kanna

In this foreclosure action, defendant appeals from a summary judgment for plaintiffs. ORCP 47C. We reverse.

To prevail on its motion for summary judgment, plaintiffs must show that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law. Seeborg v. General Motors Corporation, 284 Or 695, 700, 588 P2d 1100 (1978). We view the evidence in the light most favorable to the party opposing the motion. Tolbert v. First National Bank, 312 Or 485, 494, 823 P2d 965 (1991).

In 1983, plaintiffs loaned defendant $28,000. Defendant executed a promissory note to…