- Court: Oregon Court of Appeals
- Area(s) of Law: Bankruptcy Law
- Date Filed: 11-30-2016
- Case #: A159598
- Judge(s)/Court Below: Lagesen, J. For the Court; Ortega, P.J. & Egan, J.
Bayview Loan Servicing appealed the trial court’s determination that ORS 88.010(1) required the court to enter a money judgment against Reed personally, making it impossible for the court to enter a foreclosure judgment against Reed without violating bankruptcy discharge. This Court holds that ORS 88.010(1) does not require the court to enter a money judgment against Reed when Bayview did not ask for one, which means the bankruptcy discharge does not bar the foreclosure of the trust deed as to Reed. Moreover, if there is a way for Bayview to foreclose the trust deed without obtaining a money judgment against Reed personally, the bankruptcy discharge does not bar this foreclosure proceeding as to Reed. Reversed and remanded for further proceedings as to Reed; otherwise affirmed.