2017 ORS 88.050¹
Judgment foreclosing more than one lien on same property

When it is adjudged that any of the defendants have a lien upon the property, the court shall make a like judgment in relation thereto, and the debt secured thereby, as if such defendant were a plaintiff in the suit. When a judgment is given foreclosing two or more liens upon the same property or any portion thereof in favor of different persons not united in interest, the judgment shall specify the order, according to their priority, in which the debts secured by such liens shall be satisfied out of the proceeds of the sale of the property. [Amended by 2003 c.576 §347]

Notes of Decisions

Where receivership was set up in Marion County, receiver could not contend that Lincoln County Circuit Court did not have jurisdic­tion to determine priorities of liens in foreclosure pro­ceed­ing where receiver submitted self to jurisdic­tion of that court and af­firm­a­tively prayed that court determine priorities pursuant to this sec­tion. Family Federal Savings v. Paradise Ventures, Inc., 38 Or App 199, 589 P2d 1167 (1979), Sup Ct review denied

Priority in distribu­tion of proceeds from sale of judicially foreclosed prop­erty is determined by creditor’s priority in prop­erty at time of foreclosure. Commercial Bank v. Pride Furniture, Inc., 129 Or App 137, 877 P2d 1222 (1994), Sup Ct review denied

Chapter 88

Notes of Decisions

Foreclosure is governed by statutes which do not require court to parti­tion prop­erty before sale. John Hancock Mutual Life Ins. Co. v. Arnold, 85 Or App 140, 735 P2d 1270 (1987), Sup Ct review denied

Where mortgagor’s grantee redeems prop­erty, redeemed prop­erty is subject to all junior liens on prop­erty existing prior to foreclosure. Franklin v. Spencer, 309 Or 476, 789 P2d 643 (1990)

Atty. Gen. Opinions

Impair­ment of mortgagee’s remedy of foreclosure where local planning authorities, under local parti­tion ordinance, deny permission to foreclose mortgage, (1978) Vol 38, p 2148

1 Legislative Counsel Committee, CHAPTER 88—Foreclosure of Mortgages and Other Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors088.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 88, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano088.­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.