Spady v. Graves

NEWMAN, J.,

specially concurring.

The majority reaches the right result, but it makes an unnecessary argument and one which is, in my opinion, erroneous. I agree that Bank and DVA did not have constructive notice of Spady’s mortgage, because the modification order, unlike the decree in Partlow v. Clark, 295 Or 778, 671 P2d 103 (1983), does not describe the real property involved. Consequently, the liens of Bank and DVA are prior to those of Spady, and the court did not err when it granted them summary judgments. Without needing to do so, however, the majority also argues that the modification…