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UNITED SAVINGS BANK v. ZANDOL

129,652; CA A29754.

689 P.2d 335 (1984)

70 Or.App. 239

UNITED SAVINGS BANK, Mutual, a Corporation, Formerly First Federal Savings and Loan Association of Salem, Respondent, v. Kenneth R. ZANDOL and Sharon K. Zandol, Appellants, U.S. Creditcorp, Respondent, Robert L. Smith, Defendant.

Court of Appeals of Oregon, In Banc.

Resubmitted October 3, 1984.

Decided October 10, 1984.

Reconsideration Denied December 14, 1984.

Review Denied January 8, 1985.

Attorney(s) appearing for the Case

Kathleen A. Evans, Salem, argued the cause for appellants. On the briefs were William C. Crothers, Jr., and Crothers & Crandall, Salem.

Richard H. Allen, Salem, argued the cause for respondent. With him on the brief was Allen, Stortz, Fox & Susee, Salem.

Mark B. Comstock, Salem, waived appearance for respondent U.S. Creditcorp.

Resubmitted In Banc October 3, 1984.

BUTTLER, Judge.

Plaintiff, mortgagee, brought this action to foreclose its mortgage after defendants Zandol, mortgagors, sold the mortgaged real property on contract to defendant Smith. Defendant U.S. Creditcorp cross-claimed to foreclose its second mortgage on the real property; it and the Zandols stipulated that if plaintiff is entitled to foreclosure, so is U.S. Creditcorp. From a judgment foreclosing both mortgages...

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