Warren L. Bostick Family Trust v. Magliocco

Defendants 1 appeal a summary judgment in favor of plaintiffs on a promissory note which ordered the foreclosure of a mortgage on land securing the note. Defendants contend: (1) the affidavits and documents in support of the motion are insufficient under ORCP 47; (2) plaintiffs are not entitled to an award of attorney fees under ORCP 68C; and (3), in any event, the award is excessive.

Plaintiffs alleged, inter alia, that they are the owners and holders of the note and mortgage and that defendant Magliocco had assumed the note and mortgage and had “made interest installment payments.”…