ORS 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 (Deed to county) any real property sold to the county under ORS 312.100 (Order for sale of properties to county) after the expiration of the 30-day period provided in subsection (2) of this section if:

(a)

The property is subjected to waste that results in a forfeiture to the county of the right to possession of the property under ORS 312.180 (Possession during redemption period); or

(b)

The property is not occupied by the owner or any person or entity that appears in the records of the county to have a lien or other interest in the property for a period of six consecutive months, and the property has suffered a substantial depreciation in value or will suffer a substantial depreciation in value if not occupied.

(2)

Intentionally left blank —Ed.

(a)

Upon determining that real property sold to the county under ORS 312.100 (Order for sale of properties to county) may be subject to waste or abandonment as provided in subsection (1) of this section, the county shall set a date, time and place within the county for a hearing for the purpose of determining whether the property should be deeded to the county pursuant to subsection (1) of this section.

(b)

The owner and any person or entity that appears in the records of the county to have a lien or other interest in the property shall be given an opportunity to be heard at the hearing provided in paragraph (a) of this subsection.

(c)

If the county determines after the hearing provided in paragraph (a) of this subsection that the property is subject to waste or abandonment as provided in subsection (1) of this section, the county governing body shall provide that any rights of possession the owner may have in the property are forfeited and direct the property be deeded to the county by the tax collector of the county after expiration of a period of 30 days from the date of the action of the county governing body determining property subject to forfeiture unless it is sooner redeemed by the owner or any person or entity that then appears in the records of the county to have a lien or other interest in the property. All rights of redemption with respect to the real property described in that deed shall terminate on the execution of the deed to the county.

(d)

The county shall, in its ordinance, provide for procedures for the hearing required under this subsection that are compatible with the requirements of due process of law.

(3)

Not less than 30 days prior to the hearing provided in subsection (2) of this section, the county shall notify the owner and any person or entity that then appears in the records of the county to have a lien or other interest in the property of the hearing. The notice shall contain:

(a)

The date, time and place of the hearing provided for in subsection (2) of this section;

(b)

The date of the judgment;

(c)

The normal date of expiration of the period of redemption under ORS 312.120 (Period during which property held by county);

(d)

A warning to the effect that if the county determines that the property is subject to waste or abandonment as provided in subsection (1) of this section, the property will be deeded to the county immediately after the expiration of 30 days from the date of the county governing body action so determining and that every right or interest of any person in the property will be forfeited forever to the county unless the property is redeemed within that 30-day period;

(e)

A legal description of the property and a tax account number; and

(f)

The name of the owner as it appears on the latest tax roll.

(4)

The notice required to be given under subsection (3) of this section shall be given by both certified mail and by regular first class mail.

(5)

Intentionally left blank —Ed.

(a)

If the notice required under subsection (3) of this section is to be given to an owner, the notice shall be addressed to the owner or owners, as reflected in the county records of deeds, at the true and correct address of the owner as appearing on the instrument of conveyance under ORS 93.260 (Tax statement information required in conveyancing instrument) or as furnished under ORS 311.555 (Property owners to furnish addresses) or as otherwise ascertained by the tax collector of the county pursuant to ORS 311.560 (Noting address on tax roll).

(b)

If the person or entity to whom the notice is required under subsection (3) of this section to be given is a lienholder, or person or entity other than the owner, having or appearing to have a lien or other interest in the property, the notice shall be addressed to the lienholder, person or entity at the address that the county knows or after reasonable inquiry has reason to believe to be the address at which the lienholder, person or entity will most likely receive actual notice.

(6)

For purposes of subsection (5)(b) of this section, if the lienholder is a corporation or a limited partnership, the county shall be considered to have made reasonable inquiry if the notice is mailed to the registered agent or last registered office of the corporation or limited partnership, if any, as shown by the records on file in the office of the Corporation Commissioner, or if the corporation or limited partnership is not authorized to transact business in this state, to the principal office or place of business of the corporation or limited partnership.

(7)

As used in this section, “records of the county” has that meaning given in ORS 312.125 (Notice to owner or lienholder of expiration of period of redemption) (7). [1989 c.687 §1; 2003 c.576 §421; 2009 c.33 §10]
Note: 312.122 (Reduced redemption period when property subjected to waste or abandonment) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 312 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 312.122 — Reduced redemption period when property subjected to waste or abandonment; hearing; notice; reasonable inquiry, https://www.­oregonlegislature.­gov/bills_laws/ors/ors312.­html.

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