- Court: Oregon Court of Appeals
- Area(s) of Law: Property Law
- Date Filed: 09-10-2014
- Case #: A152173
- Judge(s)/Court Below: Duncan, P.J. for the Court; Wollheim, J.; & Lagesen, J.
- Full Text Opinion
Federal National Mortgage Association (FNMA) brought this action against Bellamy for forcible entry and wrongful detainer (FED), seeking possession of real property. Bellamy executed a trust deed, which encumbered property in Milwaukie, in order to secure a loan. Bellamy was unable to meet the obligations of the deed, and a trustee’s sale was held. FNMA bought the deed and brought this action alleging that Bellamy was in possession of the property, which he was holding by force, and that FNMA was entitled to possession. The trial court found FNMA did not carry its burden of proof after offering, as their sole evidence, the deed. On appeal, FNMA argued they are entitled to the property as a matter of law. The Court found that, because Bellamy said in his amended answer that he was in possession of the property, FNMA did not need to offer any other proof as to that issue. Further, the recitals in the trustee’s deed are prima facie evidence that defendant did not possess an interest in the property. The Court held that FNMA’s unchallenged prima facie evidence was sufficient to prove FED. Reversed and remanded.