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Portland Mortgage Co. v. Creditors Protective Association

Supreme Court of Oregon

262 P.2d 918 (1953)

Relevant factsFree

Portland Mortgage (plaintiff) foreclosed on property without naming junior lienholder Creditors Protective Association (defendant) as a party, then bought the property at the foreclosure sale and sought a court order forcing Creditors to redeem within a set time; the trial court gave Creditors 60 days, but just before Creditors could redeem, Portland paid off Creditors's underlying judgment against the original mortgagors directly, and the sheriff then refused to let Creditors redeem. Creditors sought an order compelling the sheriff to accept its redemption, which the trial court denied, and Creditors appealed.

IssueFree

Whether a junior lienholder is a necessary party to a mortgage foreclosure when the foreclosure will not affect that junior lienholder's rights.

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