Patterson v. Wasner

Plaintiffs appeal from a judgment dismissing their complaint for declaratory relief and for breach of trust. We assume the truth of all facts alleged in plaintiffs’ complaint, drawing all inferences in favor of plaintiffs, Glubka v. Long, 115 Or App 236, 238, 837 P2d 553 (1992), and affirm.

Defendant acquired certain real property from a third party. She executed a promissory note in plaintiffs’ favor for $10,000, due “on or before July 8, 2002,” and secured the note with a trust deed on the property. However, defendant did not record the trust deed. She later sold the property, but did not…