Carey v. Lincoln Loan Co.

Defendant Lincoln Loan Company appeals, assigning error to the trial court’s allowance of plaintiffs’ motion for summary judgment on their claims for declaratory relief and to the court’s related award of attorney fees. The trial court concluded that the maximum prepayment restriction of the parties’ land sale contract was unenforceable as violating ORS 82.170 and that, alternatively, the combination of that prepayment restriction and the contract’s restrictions on assignment violated public policy as effecting an impermissible restraint on the alienability of real property. We conclude that…