Green Tree Servicing LLC v. Seida
341 Or. App. 127
Or. Ct. App.2025Background
- Green Tree Servicing LLC and Wilmington Savings Fund Society initiated foreclosure proceedings against Kent R. Seida concerning a mortgage.
- Seida previously appealed a general judgment of foreclosure and attorney fees, which the Oregon Court of Appeals affirmed without opinion.
- Upon Seida's motion for reconsideration, the Court of Appeals remanded the matter to consider the impact of COVID-19 foreclosure moratoria legislation.
- On remand, the trial court again entered a judgment of foreclosure for the plaintiffs.
- Seida, representing himself, appealed, arguing fraud regarding the documents supporting summary judgment.
- The appellate court considered whether these arguments could be raised again, in light of previous appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Revisiting summary judgment on alleged fraud | Summary judgment was proper | Documents were fraudulent/forged | Not allowed under law of the case doctrine |
| Impact of new facts or change in law | No new facts/law offered | N/A | No basis for reconsideration; argument barred |
Key Cases Cited
- Hayes Oyster Co. v. Dulcich, 199 Or App 43 (law of the case precludes revisiting appellate decisions in the same proceeding)
- ILWU, Local 8 v. Port of Portland, 279 Or App 157 (law of the case doctrine prevents relitigation after remand)