DiGregorio v. Bayview Loan Servicing, LLC

This appeal presents the question whether the grantor of a trust deed, who had notice that her property was being sold at a trustee’s sale under the Oregon Trust Deed Act (OTDA), may later challenge that sale on the sole ground that the trustee’s notice of sale did not correctly identify the beneficiary of the trust deed. See ORS 86.771 (setting forth the required contents of a notice of sale).1 As explained below, we conclude that the trial court in this case correctly understood ORS 86.797 to preclude such a challenge.2 Accordingly, we affirm the trial court’s grant of summary judgment in…