Valentine v. Portland Timber & Land Holding Co.

Quaere: If the grantee of an unrecorded and subordinate interest in real property is not joined in an action to foreclose a mortgage on that property, is he bound by the foreclosure decree? The trial court said “yes” and granted summary judgment quieting title in plaintiffs Valentine and Schaap to certain real property in which defendants Portland Timber and Land Holding Company (Portland Timber) and Verde Mining Company (Verde Mining) assert an interest.

Portland Timber is a grantee of the timber and mineral rights to the property. Plaintiffs’ claim of superior title rests essentially on a…