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BAYVIEW LOAN SERVICING, LLC v. REED

A159598.

385 P.3d 1272 (2016)

282 Or.App. 525

BAYVIEW LOAN SERVICING, LLC, Plaintiff-Appellant, v. Raymond L. REED, aka Raymond Lewis Reed; and Maria Carmen Reed, aka Maria Del Carmen Reed, aka Marie Carmen Reed, Defendants-Respondents, and JPMorgan Chase Bank, National Association, Successor in Interest by purchase from the Federal Deposit Insurance Corporation as receiver of Washington Mutual Bank; et al., Defendants. Raymond L. Reed, aka Raymond Lewis Reed; and Maria Carmen Reed, aka Maria Del Carmen Reed, aka Marie Carmen Reed, Counterclaim Plaintiffs, v. JPMorgan Chase Bank, National Association, its Successors in Interest and/or assigns, Counterclaim Defendant.

Court of Appeals of Oregon.

November 30, 2016.

Attorney(s) appearing for the Case

John M. Thomas, Portland, argued the cause for appellant. With him on the briefs was RCO Legal, P.C.

Steven C. Burke and Case & Dusterhoff, LLP, filed the brief for respondents.

Before Ortega, Presiding Judge, and Egan, Judge, and Lagesen, Judge.

LAGESEN, J.

Defendants Raymond and Maria Carmen Reed borrowed money from a bank, executing a personal promissory note and a trust deed on their residence to secure that payment obligation. They later defaulted on the loan. In addition, Raymond — but not Maria Carmen — filed for bankruptcy and obtained a discharge of his obligation on the promissory note. Plaintiff, who is the current holder of the note, then initiated this judicial...

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