Domingo v. Anderson

Plaintiffs Domingo gave defendant Anderson a trust deed to secure payment of plaintiffs’ debt to him. The deed named Anderson as its beneficiary. Plaintiffs defaulted. The property was sold at a trustee’s sale. Anderson made the highest bid, thereby obtaining the property.

Plaintiffs then brought the present action, claiming that the notices of sale and the sale were improper. Specifically, plaintiffs sought damages and attorney fees from Anderson under the contractual terms of the trust deed and the provisions of ORS 20.096.

The trust deed provides that grantor (i.e., plaintiffs):

“[A]grees * *…