ORS 88.103
Sale of real property after mortgage foreclosure

(1)

When real property is sold pursuant to a judgment foreclosing a mortgage and the proceeds of the sale are not adequate to satisfy the amounts secured by the mortgage, all judgment remedies for collection of the unsatisfied amounts expire when the sale is made if:

(a)

The mortgage was given to a seller to secure the unpaid balance of the purchase price of real property; or

(b)

The mortgage was given after September 13, 1975, to a person other than a seller to secure not more than $50,000 of the unpaid balance of the purchase price of real property used by the purchaser as the primary or secondary single family residence of the purchaser.

(2)

If a purchaser gives more than one mortgage to a seller or a single lender to finance the purchase of real property that the purchaser uses as the purchaser’s primary single family residence and the seller or lender or a subsidiary, affiliate or successor of the seller or lender continues to hold the mortgages at the time of foreclosure, judgment remedies for the collection of unsatisfied amounts that the grantor owes to the seller or lender or the subsidiary, affiliate or successor of the seller or lender on notes secured by the mortgages expire when the real property is sold in accordance with the foreclosure. [Formerly 88.070]

Source: Section 88.103 — Sale of real property after mortgage foreclosure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html.

Law Review Citations

Under former similar statute (ORS 88.075)

23 WLR 37, 52 (1987); 69 OLR 847 (1990)

Green check means up to date. Up to date

Current through early 2024

§ 88.103’s source at oregon​.gov