ORS 115.065
Claims on secured debts due

(1)

A claim on a debt due for which the creditor holds security may be presented as a claim on an unsecured debt due. A creditor who presents a claim under this subsection does not waive the creditor’s security interest and may recover a deficiency as provided in subsection (5) of this section.

(2)

If the claim is presented, the claim shall describe the security generally. If the security is an encumbrance that is recorded, it is sufficient to describe the encumbrance by reference to the book and page or document number, date and place of recording or filing.

(3)

If the claim is presented and allowed, allowance shall be in the amount of the debt remaining unpaid on the date of allowance.

(4)

If the creditor surrenders the security, payment shall be on the basis of the amount allowed.

(5)

If the creditor does not surrender the security, payment shall be on the basis of:

(a)

If the creditor exhausts the security before receiving payment, unless precluded by other law, the amount allowed, less the amount realized on exhausting the security; or

(b)

If the creditor does not exhaust the security before receiving payment or does not have the right to exhaust the security, the amount allowed, less the value of the security determined by agreement or as the court may order.

(6)

The personal representative may convey the secured property to the creditor in consideration of the satisfaction or partial satisfaction of the claim. [1969 c.591 §146; 1989 c.229 §5; 2017 c.169 §28]

Source: Section 115.065 — Claims on secured debts due, https://www.­oregonlegislature.­gov/bills_laws/ors/ors115.­html.

Notes of Decisions

Filing of action to enforce security interest prior to filing claim against estate prevents obtaining deficiency judgment against estate. Meissner v. Murphy, 58 Or App 174, 647 P2d 972 (1982)

Law Review Citations

26 WLR 283 (1990)

Green check means up to date. Up to date

Current through early 2024

§ 115.065’s source at oregon​.gov