Section 312.005 – “District attorney” described.
As used in this chapter, unless the context requires otherwise, “district attorney” shall include county counsel appointed pursuant to ORS 203.145. [1971 c.245 §2]
Section 312.010 – When real property subject to tax foreclosure; listing other charges with taxes.
(1) Except as otherwise provided by law, real property within this state is subject to foreclosure for delinquent taxes whenever three years have elapsed from the earliest date of delinquency of taxes levied and charged thereon. (2) All special assessments, fees or other charges charged against the property subject to foreclosure which are due and […]
Section 312.020 – Supervision by Department of Revenue; enforcement.
(1) The Department of Revenue shall have general supervision and control over tax foreclosure proceedings under ORS 312.010 to 312.120 and 312.130 to 312.240 to the end that such proceedings shall be conducted in a uniform and orderly manner in all counties of the state. (2) Whenever any district attorney fails to institute or complete […]
Section 312.030 – Annual foreclosure list; suppression of certain public employee names; interest on taxes in list.
(1) Within two months after the day of delinquency of taxes of each year the tax collector shall prepare a list of all real properties then subject to foreclosure. The list shall be known as the foreclosure list and shall contain: (a) The names of the several persons appearing in the latest tax roll as […]
Section 312.040 – Notice of proceeding; service.
(1) Notice of each foreclosure proceeding shall be given by publication and by both certified and regular first class mail as provided in this section: (a) Notice shall be given by one publication of the foreclosure list in a newspaper of general circulation in the county, to be designated by the county court or board […]
Section 312.050 – Instituting foreclosure proceedings.
(1) On the day that is three months after the day of delinquency of taxes of the latest year, the tax collector, with the assistance of the district attorney, shall institute proceedings to foreclose the liens for all the delinquent taxes against each of the several properties included in the foreclosure list. (2) One general […]
Section 312.060 – Application for judgment foreclosing lien; effect and correction of irregularity, informality, omission or other error.
(1) Application for judgment foreclosing any tax lien shall be in writing, shall be verified, and shall contain a succinct statement of the cause of suit. All amendments may be made that are permissible in any civil action. The application for judgment, together with a certified copy of the foreclosure list, shall be filed with […]
Section 312.070 – Answer and defense to application by person interested.
Any person interested in any real property included in the foreclosure list may file an answer and defense to the application for judgment within 30 days after the date of the first publication of the foreclosure list, exclusive of the day of the first publication. The answer and defense shall be in writing under oath […]
Section 312.080 – Summary hearing.
The court shall examine the application for judgment. If answer and defense is filed by any defendant or other interested person, the matter shall be heard in a summary manner without other pleading. [Amended by 2003 c.576 §416]
Section 312.090 – Judgment; lien; interest.
The court shall give judgment for the delinquent taxes and interest appearing to be due on the several parcels of real property described in the application, and shall enter a judgment requiring that the several liens of such taxes be foreclosed. The judgment shall be a several judgment against and a lien on each parcel […]
Section 312.100 – Order for sale of properties to county; certified copy of judgment as certificate of sale.
The court shall order that the several properties, against which the judgment is entered, shall be sold directly to the county for the respective amounts of taxes and interest for which the properties severally are liable. The clerk of the court shall deliver to the tax collector a certified copy of the judgment, included in […]
Section 312.110 – Removal of property from foreclosure proceedings.
At any time prior to judgment, any parcel of real property may be removed from the foreclosure proceeding by payments such as would have prevented inclusion of the property in the foreclosure list, plus any additional interest or penalty accrued; except that after the first publication of the foreclosure list any person seeking to remove […]
Section 312.120 – Period during which property held by county; redemption; assessment during redemption period; redemption of part of property.
(1) Except as provided in ORS 312.122, all real properties sold to the county under ORS 312.100, shall be held by the county for the period of two years from and after the date of the judgment of foreclosure, unless sooner redeemed. (2) During the two-year period any person having an interest in the property […]
Section 312.122 – Reduced redemption period when property subjected to waste or abandonment; hearing; notice; reasonable inquiry.
(1) A county may by ordinance provide the means to require the tax collector of the county to deed to the county pursuant to ORS 312.200 any real property sold to the county under ORS 312.100 after the expiration of the 30-day period provided in subsection (2) of this section if: (a) The property is […]
Section 312.125 – Notice to owner or lienholder of expiration of period of redemption; contents; mailing.
(1) Not less than one year prior to the expiration of the period of redemption of any real property ordered sold to the county under a judgment under ORS 312.100, the tax collector shall provide notice of the expiration of the period of redemption to any person or entity entitled to redeem the property under […]
Section 312.130 – Release of claims of county by redemption; entries by tax collector; certificate of redemption.
The receipt of redemption money by the tax collector shall operate to release all claims of the county, under the judgment of foreclosure, to the property so redeemed. The tax collector, on receipt of the redemption money, immediately shall make the proper entries in the records of the office of the tax collector showing that […]
Section 312.140 – Notice of foreclosure list to lienholder.
(1) A mortgagee or other holder of a recorded lien on real property may file with the tax collector a request that notice of any foreclosure list including the real property be given to the mortgagee or other lienholder. The request shall contain the name and address of the person filing it, the description of […]
Section 312.150 – Effect of failure to give notice to lienholder when requested.
If a tax collector, after receiving a request for notice of tax foreclosure as provided in ORS 312.140, fails to give the notice, the failure shall not invalidate the foreclosure, but the mortgagee’s or lienholder’s right to redeem the property shall not terminate until the expiration of 30 days after the mailing of the notice.
Section 312.160 – Lienholder paying taxes or redeeming gets additional lien for amount paid.
Where any property included in a foreclosure list or proceeding is removed therefrom by payment of taxes or by redemption on the part of a mortgagee or other lienholder of record, the official receipt for payment of such taxes or redemption money shall constitute an additional lien on the property to the amount specified in […]
Section 312.170 – Municipal or other public corporation removing property from foreclosure list or proceeding or redeeming; additional lien.
(1) The governing body of any municipal or other public corporation, having a lien on any real property included in a foreclosure list or proceeding, may use its funds to remove the property from the list or proceeding, or to redeem the property after judgment of foreclosure. Such corporation shall have the same right of […]