2017 ORS 88.100¹
Payment of amount due before foreclosure sale
  • judgment for payment of installment not due

If, before a judgment is given, the amount then due with the costs of suit is brought into court and paid to the clerk, the suit shall be dismissed. If the same is done after judgment and before sale, the effect of the judgment as to the amount then due and paid shall be terminated, and the execution, if any has issued, shall be recalled by the clerk. When an installment not due is adjudged to be paid, the court shall determine and specify in the judgment what sum shall be received in satisfaction thereof, which sum may be equal to such installment, or otherwise, according to the present value thereof. [Amended by 2003 c.576 §352]

Notes of Decisions

The vendor’s long-standing practice of accepting late pay­ments precluded him from declaring the entire balance due and requesting strict foreclosure without first giving notice of his decision to do so and a reasonable opportunity to cure any default in the pay­ments. Fisher v. Tiffin, 275 Or 437, 551 P2d 1061 (1976)

Where debtors brought ac­tion against lender under Agricultural Credit Act, and Act provided implied right of ac­tion for debtors to enforce right to restructure debts, lender violated Act by continuing state court foreclosure ac­tion without weighing costs of foreclosure against costs of restructuring and creditors were enjoined from evicting debtors from their prop­erty. Harper v. Federal Land Bank of Spokane, 692 F Supp 1244 (D. Or. 1988)

Ability of junior lienor to equitably redeem prop­erty prior to foreclosure sale is not dependent on junior lienor appearing in foreclosure pro­ceed­ing. Federal Home Loan Mortgage Corp. v. Bauer, 151 Or App 591, 950 P2d 399 (1997), Sup Ct review denied

Junior lienor’s equitable redemp­tion of prop­erty prior to foreclosure sale terminates foreclosure decree and revives all outstanding liens on prop­erty. Federal Home Loan Mortgage Corp. v. Bauer, 151 Or App 591, 950 P2d 399 (1997), 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.