BankAmerica Housing Services v. P.D.N. & Associates, Inc.
Oregon Court of Appeals
977 P.2d 396 (1999)
Loran and Saralynn Leasy leased real property from P.D.N. & Associates, Inc. (PDN) (defendant). The Leasys also borrowed money from BankAmerica Housing Services (BankAmerica) (plaintiff), purchased a manufactured home with the borrowed money, and gave BankAmerica a security interest in the manufactured home. BankAmerica perfected its security interest by notating the interest on the manufactured home’s certificate of title. The Leasys joined the manufactured home with the real property leased from PDN, which involved removing the manufactured home’s tongue and wheels, placing the manufactured home on the foundation, and knocking down a wall from the real property’s existing structure. Thereafter, the Leasys stopped making payments to both PDN and BankAmerica. Accordingly, BankAmerica filed a replevin action seeking to remove the manufactured home from PDN’s real property so it could take possession of the manufactured home. PDN argued that the manufactured home had become a fixture on its real property, which rendered BankAmerica’s security interest invalid because BankAmerica had not filed a fixture filing. The trial court ruled in PDN’s favor and found that the manufactured structure was not personal property subject to replevin because it had become a fixture and removing the manufactured home would cause damage to the remaining structure. BankAmerica appealed.
Rule of Law
Holding and Reasoning (Linder, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 706,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 706,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,400 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.