Betty Nelson signed a promissory note payable to Family Bank in return for a loan the bank had…

Betty Nelson signed a promissory note payable to Family Bank in return for a loan the bank had made to her. The note was secured by a deed of trust on a duplex owned by Nelson. When the note was signed, the duplex was rented to third parties. Nelson defaulted on the note, and Family Bank filed a complaint to foreclose the trust deed. Nelson advised the bank that she and her son were occupying the duplex as their residence. Under Orgeon law, a lender can obtain a deficiency judgment in connection with the foreclosure of a commercial deed of trust; however, a deficiency judgment is not available in connection with the foreclosure of a noncommercial (residential) deed of trust. If Family Bank went forward with foreclosure of the deed of trust, could it obtain a deficiency judgment against Nelson if the sale of the property produced less than the amount of the debt?

 

 

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