ORS 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 of county commissioners. The price charged by the newspaper shall be at the legal rate as provided by law. A copy of the newspaper notice shall be mailed by the county to each incorporated city in the county.

(b)

In addition, notice of the foreclosure proceeding shall be sent by certified and regular first class mail to the owner or owners, as shown in the county deed records, of each property included on the foreclosure list at the address or addresses as reflected in the county records under ORS 93.260 (Tax statement information required in conveyancing instrument), 311.555 (Property owners to furnish addresses) or 311.560 (Noting address on tax roll).

(2)

Each notice given under subsection (1) or (4) of this section shall identify the particular property or properties that is the subject of the notice.

(3)

All persons owning or claiming to own, or having or claiming to have, any interest in any property included in the foreclosure list are required to take notice of such proceeding and of all steps thereunder.

(4)

If it is deemed expedient to do so, notice of the institution of the foreclosure proceeding may be given by personal service. Notice by personal service shall be in lieu of service by publication and certified and regular first class mail required by subsection (1) of this section as to the defendant or defendants so served, and it shall not be necessary to include in the publication of the foreclosure list the names of such defendants or the descriptions or other matters relating to their respective properties. [Amended by 1957 c.68 §1; 1983 c.657 §9; 1985 c.613 §29; 1987 c.311 §4]

Source: Section 312.040 — Notice of proceeding; service, https://www.­oregonlegislature.­gov/bills_laws/ors/ors312.­html.

Notes of Decisions

Because published notice provided for in this section is supplemental to other statutorily mandated notices given by mail, the section does not violate constitutional due process requirements; because there is rational basis for distinguishing between lienholders who request notice of foreclosure proceedings and land owner who failed to pay taxes, section does not violate equal protection rights. Grant County v. Guyer, 296 Or 14, 672 P2d 702 (1983)

Former provision of this section, which provided that notice by publication of foreclosure proceeding was sufficient service on persons with recorded liens, was unconstitutional as due process requires at least mailed notice to recorded lienholders. Seattle-First National Bank v. Umatilla County, 77 Or App 283, 713 P2d 33 (1986), Sup Ct review denied

312.005
“District attorney” described
312.010
When real property subject to tax foreclosure
312.020
Supervision by Department of Revenue
312.030
Annual foreclosure list
312.040
Notice of proceeding
312.050
Instituting foreclosure proceedings
312.060
Application for judgment foreclosing lien
312.070
Answer and defense to application by person interested
312.080
Summary hearing
312.090
Judgment
312.100
Order for sale of properties to county
312.110
Removal of property from foreclosure proceedings
312.120
Period during which property held by county
312.122
Reduced redemption period when property subjected to waste or abandonment
312.125
Notice to owner or lienholder of expiration of period of redemption
312.130
Release of claims of county by redemption
312.140
Notice of foreclosure list to lienholder
312.150
Effect of failure to give notice to lienholder when requested
312.160
Lienholder paying taxes or redeeming gets additional lien for amount paid
312.170
Municipal or other public corporation removing property from foreclosure list or proceeding or redeeming
312.180
Possession during redemption period
312.190
General notice of expiration of redemption period
312.200
Deed to county
312.210
Appeal
312.214
Public policy relating to title obtained by county by tax foreclosure
312.216
Conclusive presumptions of notice resulting from tax foreclosure
312.218
Constructive possession by county
312.230
Limitations on proceedings affecting foreclosure sale
312.240
Vacation of judgment
312.250
Certain rights of municipal corporations not affected by ORS 312.010 to 312.120 and 312.130 to 312.240
312.260
Lands acquired by county by tax foreclosure where title fraudulently concealed from owner
312.270
Title of county purchasing property
312.290
Sale of property on which there are unpaid assessments applicable to defaulted bonds of a city or town
312.300
Effect of irregularities and omissions on sales made pursuant to ORS 312.270 or 312.290
312.310
Accepting deed where timber fire reduces value of property
312.360
Tax sales to counties or other public corporations validated
312.370
Certain tax sales validated
312.380
Effect of failure to issue certificate of sale prior to 1939
312.390
Request by lienholder for notice of proposed sale for delinquent city assessments or liens
312.400
Giving notice to lienholder
312.410
Effect of failure to give notice when requested
312.420
Application of ORS 312.390 to 312.410 to other than treasurer of city
312.990
Penalties
Green check means up to date. Up to date