Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 311.700 (2026)

Deed or contract clauses prohibiting application for deferral are void; reverse mortgage prohibition; exceptions

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      311.700 Deed or contract clauses prohibiting application for deferral are void; reverse mortgage prohibition; exceptions. (1) A clause or statement in a mortgage trust deed or land sale contract executed after September 9, 1971, that prohibits the owner from applying for deferral of homestead property taxes provided in ORS 311.666 to 311.701 is void.

      (2) Notwithstanding ORS 311.670, a homestead that is pledged as security for a reverse mortgage is not eligible for tax deferral under ORS 311.666 to 311.701.

      (3) Subsection (2) of this section does not apply to a homestead that is:

      (a) Eligible for tax deferral under section 7, chapter 13, Oregon Laws 2012, section 1, chapter 31, Oregon Laws 2013, or section 1, chapter 494, Oregon Laws 2013; or

      (b) Pledged as security for a reverse mortgage pursuant to a contract executed on or after July 1, 2011, and before January 1, 2017, provided the taxpayer seeking the tax deferral has an equity interest in the homestead that equals or exceeds 40 percent at the time of filing a claim under ORS 311.672. [1971 c.572 §7; 1977 c.160 §8; 2011 c.723 §16; 2019 c.591 §1]

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2012–2025 · leading case: Safransky v. Multnomah Cnty. Assessor (Or. T.C. 2012).
Sort: Relevance Newest Treatment
Safransky v. Multnomah Cnty. Assessor (Or. T.C. 2012). · cites it 8× “The 2011 amendment to ORS 311.700 by HB 2543 (2011) is effective for “property tax years beginning on or after July 1, 2011.”
Stamm v. Dept. of Rev. (Or. T.C. 2024). · cites it 4× “Defendant’s second challenge is based on ORS 311.700(2): “a homestead that is pledged as security for a reverse mortgage is not eligible for tax deferral under ORS 311.”
Forrester v. Polk Cnty. Assessor (Or. T.C. 2013). · cites it 2× “FINAL DECISION OF DISMISSAL TC-MD 130417C 4 legislation retroactively suspended the effect of the 2011 amendment to ORS 311.700 that precludes deferral for homesteads having a reverse mortgage.”
Adams v. Dept. of Rev. (Or. T.C. 2025). “701--fails because the property was pledged as security for a reverse mortgage after a deadline prescribed in ORS 311.700(3)(b). As discussed below, the court concludes that the magistrate’s dismissal was appropriate.”
Cunningham v. Dep't of Revenue (Or. T.C. 2012). “To qualify, individuals had to comply with all three requirements stated in HB 4039 (2012), section 7: “(1) Notwithstanding section 24 (1), chapter 723, Oregon Laws 2011, the amendments to ORS 311.700 by section 16, chapter 723, Oregon Laws 2011, apply to property tax years…”
Crouse v. Coos Cnty. Assessor (Or. T.C. 2012). “Furthermore, the court notes that the legislature amended the deferral program in 2012 such that the 2011 amendment to ORS 311.700 (excluding properties subject to a reverse mortgage from the deferral program) shall not take effect until the 2013-14 tax year for properties…”
Eckstrom-Herget v. Dep't of Revenue (Or. T.C. 2013). “Defendant initially removed Plaintiff from the deferral program based on a determination that she had a reverse mortgage (which is prohibited by ORS 311.700(2)) and was ineligible for the two-year extension established by the state legislature in 2012 through the passage of HB…”
— Or. Rev. Stat. § 311.700(1) — 1 case
Safransky v. Multnomah Cnty. Assessor (Or. T.C. 2012). “The 2011 amendment to ORS 311.700 by HB 2543 (2011) is effective for “property tax years beginning on or after July 1, 2011.”
— Or. Rev. Stat. § 311.700(2) — 4 cases
Stamm v. Dept. of Rev. (Or. T.C. 2024). “Defendant’s second challenge is based on ORS 311.700(2): “a homestead that is pledged as security for a reverse mortgage is not eligible for tax deferral under ORS 311.”
Safransky v. Multnomah Cnty. Assessor (Or. T.C. 2012). “The 2011 amendment to ORS 311.700 by HB 2543 (2011) is effective for “property tax years beginning on or after July 1, 2011.”
Eckstrom-Herget v. Dep't of Revenue (Or. T.C. 2013). “Defendant initially removed Plaintiff from the deferral program based on a determination that she had a reverse mortgage (which is prohibited by ORS 311.700(2)) and was ineligible for the two-year extension established by the state legislature in 2012 through the passage of HB…”
Forrester v. Polk Cnty. Assessor (Or. T.C. 2013). “FINAL DECISION OF DISMISSAL TC-MD 130417C 4 legislation retroactively suspended the effect of the 2011 amendment to ORS 311.700 that precludes deferral for homesteads having a reverse mortgage.”
— Or. Rev. Stat. § 311.700(3) — 1 case
Stamm v. Dept. of Rev. (Or. T.C. 2024). “Defendant’s second challenge is based on ORS 311.700(2): “a homestead that is pledged as security for a reverse mortgage is not eligible for tax deferral under ORS 311.”
— Or. Rev. Stat. § 311.700(3)(b) — 1 case
Adams v. Dept. of Rev. (Or. T.C. 2025). “701--fails because the property was pledged as security for a reverse mortgage after a deadline prescribed in ORS 311.700(3)(b). As discussed below, the court concludes that the magistrate’s dismissal was appropriate.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.