Parkhurst v. Faessler

This is a case which presents to us for the first time the question of what must be included in a party’s pleadings to entitle that party to an award of attorney fees under ORCP 68C(2). Plaintiffs brought this action to foreclose a mortgage given by defendant Faessler (Faessler) on property he claimed to own. Defendants Michael (defendants) were impleaded because, according to plaintiffs’ complaint, they “claim an interest” in the property. Defendants filed an answer asserting, inter alia, that they were the true owners of the property and that the recorded deed under which Faessler purported…