Bank of America, N.A. v. Payne

In this forcible entry and detainer (FED) action, defendant appeals a judgment that awarded restitution of the premises to plaintiff, after the trial court found that plaintiff had proved that it was a “purchaser” of a trustee’s deed to the premises pursuant to a provision of the Oregon Trust Deed Act (OTDA), former ORS 86.755(6) (2011), renumbered as ORS 86.782(6) (2013). On appeal, defendant argues that the trial court erred in determining that plaintiff was a purchaser entitled to possession, because there is no evidence in the record that the sale of the property was conducted by a…