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 (Order for sale of properties to county), 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 ORS 312.120 (Period during which property held by county) (2) whose interest appears in the records of the county as of the date foreclosure proceedings were instituted. Any person or entity whose interest has terminated by any means other than a judgment of foreclosure under ORS 312.120 (Period during which property held by county) shall not be entitled to such notice.
(2) The notice shall contain:
(a) The date of the judgment;
(b) The date of expiration of the period of redemption;
(c) A warning to the effect that the property ordered sold under the judgment, unless sooner redeemed, will be deeded to the county immediately on expiration of the period of redemption and that every right or interest of any person in the property will be forfeited forever to the county;
(d) A legal description of the property and a tax account number; and
(e) The name of the owner as it appears on the latest tax roll.
(3) The notice required to be given under subsections (1) and (2) of this section shall be given by both certified mail and by regular first class mail and subsections (4) and (5) of this section shall apply to both mailings.
(4)(a) If the notice required under subsections (1) and (2) 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 pursuant to ORS 311.560 (Noting address on tax roll).
(b) If the person or entity to whom the notice is required under subsection (1) 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 tax collector 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. For the convenience of the county, any lien, instrument or other document, memorandum or writing, filed on or after September 27, 1987, that creates an interest with respect to which notice is required to be given under this paragraph, shall contain:
(A) The address of the person or entity holding lien or other interest created by the instrument or other document, memorandum or writing; and
(B) The tax account number, if any, and if known, of the property subject to the lien or in which the interest is created.
(5) Failure of a lien, instrument or other document, memorandum or other writing to contain the address and tax account number information required under subsection (4)(b) of this section does not invalidate the lien, instrument or other document, memorandum or writing, nor shall the failure of the writing to contain the information relieve the tax collector of the duty to obtain and mail the notice required under subsection (4)(b) of this section to the address that the tax collector believes to be the address at which the lienholder, person or entity is most likely to receive actual notice.
(6) For purposes of subsection (4)(b) of this section, if the lienholder is a corporation or a limited partnership, the tax collector 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)(a) As used in this section, "records of the county" means the following:
(A) The grantor-grantee indexes.
(B) Other records of deeds, mortgages, powers of attorney, contracts and other instruments, documents or memorandum of conveyance or otherwise of real property that are described in ORS 205.130 (Recording duties of county clerk) (1) and (2).
(C) The County Clerk Lien Record described in ORS 205.130 (Recording duties of county clerk) (3).
(D) Records of federal tax liens and other liens, instruments or other documents or writings reflecting an interest in real property described in ORS 205.246 (Instruments to be recorded), if those records are kept separately from the records described in paragraph (b) of this subsection.
(E) Records of statutory liens on real property described in ORS 87.372 (Recording).
(F) Any other records of interests in real property required to be kept by the county clerk, if the records contain a legal description of the property and an address specifically designated as indicated on the instrument, document or other memorandum or writing for purposes of mailing the notice required by this section.
(b) For purposes of this section only, "records of the county" includes:
(A) The appropriate records of the courts described in ORS 7.010 (Records of court) in the custody of the clerk of the appropriate court or court administrator under ORS 7.110 (Custody of records and files); and
(B) Probate records in the custody of the clerk of the appropriate court or court administrator under ORS 7.230 (Probate and juvenile court records to be kept separate) and 7.240 (Records in probate matters). Notwithstanding any provision to the contrary in ORS chapter 7 or other law, the clerk of the appropriate court or the court administrator shall make available to and assist the tax collector in the examination of the records described in this paragraph for purposes of carrying out the obligations of the tax collector under this section without charge. [1987 c.311 §2; 1989 c.628 §1; 2003 c.576 §422; 2009 c.33 §11]
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