Wolf v. GMAC Mortgage, LLC

This case presents an appeal from judgments in actions that were consolidated below. It requires us to determine whether a borrower who has actual notice that his property is being sold at a trustee’s sale under the Oregon Trust Deeds Act (OTDA),1 is barred from later challenging the sale on the grounds that the entity that executed the sale was neither a validly appointed successor trustee nor the agent of a trustee. We conclude that a person’s property interest under former ORS 86.770(1) (2011), renumbered as ORS 86.797 (2013), cannot be terminated unless a “trustee” as defined in the OTDA…