Beckhuson v. Frank

Plaintiff brought this action on a promissory* note. The case was tried to the court and, in response to plaintiffs timely request pursuant to ORCP 62, the trial court made special findings of fact and conclusions of law. The trial court held that the trust deed securing the note limited plaintiffs remedies to judicial or nonjudicial foreclosure of the trust deed and granted judgment for defendants. We reverse.

We take the facts from the trial court’s findings. On August 10, 1981, defendants purchased three rental homes in Portland from plaintiff for the total price of $65,000. They executed a…