ORS 88.040
Foreclosure suit during and after action for debt

During the pendency of an action for the recovery of a debt secured by any lien mentioned in ORS 88.010 (Foreclosure of lien by suit), a suit cannot be maintained for the foreclosure of the lien, nor thereafter, unless judgment is given in such action that the plaintiff recover the debt or some part thereof, and an execution thereon against the property of the defendant is returned unsatisfied in whole or in part.

Source: Section 88.040 — Foreclosure suit during and after action for debt, https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html.

Notes of Decisions

Creditor who is legally prevented by debtor’s bankruptcy petition from execution on earlier judgment is excused from statutory requirement to execute judgment before foreclosure. Administration Service Co. v. Stallings, 73 Or App 114, 698 P2d 56 (1985)

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