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U.S. Bank National Assn. v. Wright

Summarized by: 

Date Filed: 10-24-2012
Case #: A148778
Nakamoto, J. for the Court; Schuman, P.J.; and Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A148778.pdf

Property Law: When the plaintiff's complaint and the defendant's answer both raise an issue as to the validity of a trustee's deed, a motion for summary judgment is wrongfully entered without inquiring whether the trustee's sale actually occurred.

This is a review of the summary judgment given to U.S. Bank National Association (Bank) in stating they owned the property and moved to eject Wright from the land. Bank alleged it acquired property in a valid Trustee’s Sale in July. Wright contended that he received notice for the sale of his property in April and July. Wright and his wife arrived to the sale’s site on both dates and no one showed up either time. The Bank has record of title from a sale dated July 27. There is an issue of material fact on whether the Trustee’s Deed was properly transferred in a Trustee’s Sale. The trial court only looked at the Bank’s right to possession rather than the legitimacy of the deed. The Court of Appeals held that what should have been looked at was whether the Trustee’s sale for the property actually occurred. The Bank did not meet its burden of proof to show that a sale was held with proper notice given to Wright. There was only proper notice for the April sale and postponement of that sale to July 20, and there is no record of a sale on July 27, the date the Bank had for the deed. There is a genuine issue of material fact and summary judgment should not have been entered for the Bank. Reversed and remanded.