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