- Court: Oregon Court of Appeals
- Area(s) of Law: Bankruptcy Law
- Date Filed: 07-07-2016
- Case #: A156806
- Judge(s)/Court Below: Sercombe, P.J. for the Court; Hadlock, C.J.; & Tookey, J.
- Full Text Opinion
Defendants appealed a general judgment of judicial foreclosure that foreclosed the interest in real property and in a manufactured dwelling situated on that property. Summary judgment that forecloses Defendant’s interest in a manufactured dwelling is not appropriate if it is not clear if the manufactured home is a real property interest secured by the trust deed. A term of a contract is ambiguous if it is susceptible to one term. The disputed issue of material fact was whether Defendant’s manufactured dwelling was a fixture or improvement. Since there were disputes on whether the manufactured dwelling was secured property under the deed of trust that precluded the entry of summary judgment for Plaintiff and because the status of the property was not conclusively determined by representations made by Defendant’s bankruptcy petition, the Court held that judicial foreclosure was granted in error. Reversed and remanded.