Packer v. Wardwell

[88 OrApp Page 238] Plaintiff brought this action for foreclosure of a mortgage given by defendant Devon Wardwell to secure payment of a note. The trial court concluded that the note was usurious and, pursuant to former ORS 82.120(5), voided defendant's obligation to pay interest on the note. The court applied all of defendants' payments on the note to the outstanding principal and entered judgment in favor of plaintiff for the amount of the remaining principal. Plaintiff appeals, arguing that the payments made by defendants before plaintiff brought this action should be applied first to the accrued interest and then to the principal, that the trial court should have awarded him costs and that the court erred in awarding a judgment in favor of, and attorney fees to, defendant Selma Wardwell.