Casebeer v. Krocker

Whether a deed is a mortgage is based on "consideration of the whole transaction, by the 'mutual intention of the parties at the time the transaction was consummated.'" Swenson v. Mills, 198 Or App 236, 242, 108 P3d 77 (2005).

Casebeer (Wife) appealed a trial court judgment declaring that wife had no legal interest in the property, that husband had sole title to the property at the time of his death, and that the property was an asset of the husband's estate.  Wife assigned error to the court's disregarding of a stipulated dissolution judgment.  Wife argued that the quitclaim deed validly gave her a right of survivorship regardless of a $40,000 payment by husband as long as he predeceased her.  Husband's estate argued that the quitclaim deed was more like a mortgage than a conveyance of interest and the deed expired when the promissory note was satisfied.  Whether a deed is a mortgage is based on "consideration of the whole transaction, by the 'mutual intention of the parties at the time the transaction was consummated.'" Swenson v. Mills, 198 Or App 236, 242, 108 P3d 77 (2005).  The Court held that, based on the intent of the parties and language of the dissolution judgment, wife had no extant interest in the property, that husband was the sole title holder at the time of his death, and that the property passed to his estate upon death for that reason.  Affirmed.