ORS 88.050
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]

Source: Section 88.050 — Judgment foreclosing more than one lien on same property, https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html.

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

Green check means up to date. Up to date

Current through early 2024

§ 88.050’s source at oregon​.gov