Malan v. Tipton

Plaintiff, the personal representative of the estate of James Harold Woodard, appeals from a judgment for defendant in an action for the judicial foreclosure of a note and trust deed secured by defendant’s residence. The trial court ruled for defendant on the affirmative defense of tender pursuant to ORS 81.010. We reverse and remand.

The relevant facts of this case are undisputed. In July 2002, James Harold Woodard made a loan to Linda Tipton. The loan was secured by a trust deed to Tipton’s residence. The terms of the loan required Tipton to pay equal monthly installments to Woodard. The…