Akins v. Vermast

In this foreclosure action, plaintiff appeals from a judgment declaring that defendants’ 1 purchase money mortgage has priority over plaintiffs trust deed. Defendants cross-appeal from the trial court’s refusal to cancel the warranty deed from defendants to Lynda S. Vermast and plaintiffs trust deed. We review de novo. ORS 19.125(3). We conclude that the warranty deed from defendants to Vermast should be canceled and that plaintiffs trust deed also should be canceled. Consequently, we reverse and remand on defendants’ cross-appeal and dismiss plaintiff’s appeal as moot.

In 1994, defendants…