Barclaysamerican/Financial, Inc. v. Boone

Plaintiff moved for a summary judgment in this action on a promissory note executed by defendants. Defendants did not deny they were in default, but contended that plaintiff had elected the remedy of non-judicial foreclosure of a trust deed securing the note before filing its complaint. The trial court granted plaintiffs motion. Defendants appeal, and we affirm.

Defendants argue that, once a non-judicial foreclosure of a trust deed is commenced pursuant to ORS 86.735 et seq, there is a statutory prohibition against abandonment in favor of an action on the note because of the doctrine of…