ORS 312.120
Period during which property held by county

  • redemption
  • assessment during redemption period
  • redemption of part of property

(1)

Except as provided in ORS 312.122 (Reduced redemption period when property subjected to waste or abandonment), all real properties sold to the county under ORS 312.100 (Order for sale of properties to county), shall be held by the county for the period of two years from and after the date of the judgment of foreclosure, unless sooner redeemed.

(2)

During the two-year period any person having an interest in the property at the date of the judgment of foreclosure, or any heir or devisee of such person, or any person holding a lien of record on the property, or any municipal corporation having a lien on the property, may redeem the property by payment of the full amount applicable to the property under the judgment, with interest thereon as provided by law, plus a penalty of five percent of the total amount applicable to the property under the judgment and a fee as specified under subsection (5) of this section. The penalty of five percent and fee shall be in lieu of all costs chargeable against the property in connection with the foreclosure proceeding. The fee shall be used to defray the costs, among other costs, incurred by the county to provide the notices of redemption period expiration to lienholders and others required under ORS 312.125 (Notice to owner or lienholder of expiration of period of redemption).

(3)

Property so redeemed shall be subject to assessment for taxation during the period of redemption, as though it had continued in private ownership.

(4)

Any person holding a mortgage or other lien of record covering a part only of a particular parcel of real property included in the judgment of foreclosure may redeem such part by payment of the proportionate amount applicable thereto under the judgment.

(5)

The fee specified by this subsection is as follows:

(a)

If the property is redeemed before the date the notice by certified mail required by ORS 312.125 (Notice to owner or lienholder of expiration of period of redemption) is given, $50.

(b)

If the property is redeemed on or after the date the notice by certified mail required by ORS 312.125 (Notice to owner or lienholder of expiration of period of redemption) is given, the greater of $50 or the actual cost to the county for a title search and other expenses related to obtaining a title search. [Amended by 1983 c.472 §2; 1987 c.311 §7; 1989 c.687 §2; 1999 c.22 §1; 2003 c.576 §420]

Source: Section 312.120 — Period during which property held by county; redemption; assessment during redemption period; redemption of part of property, https://www.­oregonlegislature.­gov/bills_laws/ors/ors312.­html.

Notes of Decisions

Where judgment was inadvertently rendered for less than full amount of delinquency, payment of judgment amount entitled taxpayer to certificate of redemption. Petersen v. Gangle, 135 Or App 514, 899 P2d 725 (1995)

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

Current through early 2024

§ 312.120’s source at oregon​.gov