2017 ORS 312.040¹
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]

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

Law Review Cita­tions

52 OLR 175-189 (1973)

Chapter 312

Law Review Cita­tions

5 EL 516 (1975)

1 Legislative Counsel Committee, CHAPTER 312—Foreclosure of Property Tax Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors312.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 312, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano312.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.