Barclaysamerican/Financial, Inc. v. Boone

On appellants’ petition for review, we grant reconsideration for the purpose of addressing an argument that was not discussed in our opinion. 95 Or App 347, 768 P2d 439 (1989).

Appellants argue that an irrevocable statutory election occurred when plaintiff filed a document with the county clerk entitled “Notice of default, election to sell, appointment of Successor Trustee.” They point to the language of ORS Sd^S^)1 and also cite ORS 86.7532 for the proposition that, once an election is made to pursue the statutory remedy of non-judicial foreclosure of a trust deed, the trustee may not abandon…