Matter of Marriage of Smith and Smith

Harold and Irma Wise, beneficiaries under a trust deed securing a $20,000 promissory note, appeal from the judgment entered in these consolidated actions, which determined, in part, that the trust deed was a fraudulent conveyance and therefore is absolutely void. ORS 95.070. On appeal, they assign error to that determination and, in the alternative, contend that because they redeemed the property on which they claimed a lien from the purchasers at an execution sale relating to the foreclosure of a prior trust deed on that property, they now own it, even if their trust deed is void, subject…