312.040 Notice
of proceeding; personal service; locating property owners; contents. (1)(a) Notice of the foreclosure
proceeding shall be given by both of the following means:
(A) One
publication of the foreclosure list in a newspaper of general circulation in
the county, to be designated by the governing body of the county. The price
charged by the newspaper shall be at the legal rate as provided by law. A copy
of the newspaper notice shall be mailed by the county to each incorporated city
in the county.
(B) Delivery of
notice to any owners, as shown in the county deed records, of each property
included on the foreclosure list at the address or addresses as reflected in
the county records under ORS 93.260, 311.555 or 311.560.
(b)(A)
Notwithstanding paragraph (a) of this subsection, if it is deemed expedient,
notice of the institution of a foreclosure proceeding may instead be given by
personal service, delivered either orally or in writing, and confirmed by an
affidavit.
(B) The names of
the owners that receive notification pursuant to this paragraph, and the
descriptions and other matters relating to their respective properties, may be
excluded from the foreclosure list.
(2) For all
notices of foreclosure proceedings, counties shall conduct due diligence to
locate property owners by means including, but not limited to, searches of
land, court and other records, online databases and other resources.
(3) Each notice
of a foreclosure proceeding shall include:
(a) The exact
amount of unpaid taxes owed, including interest and fees.
(b) The following
language, in capital letters, in at least 14-point type:
______________________________________________________________________________
WARNING: THERE
ARE UNPAID TAXES AND FEES IN THE AMOUNT OF $_____ ON PROPERTY AT (ADDRESS)
WHICH YOU MAY OWN OR HAVE A LEGAL INTEREST IN. THE PROPERTY WILL BE DEEDED TO
THE COUNTY AND YOUR INTEREST WILL BE TERMINATED UNLESS THE BACK TAXES AND FEES
ARE PAID. TO MAKE PAYMENT, OR TO RECEIVE FURTHER INFORMATION ABOUT PAYMENT,
CONTACT (TAX COLLECTOR) IMMEDIATELY AT (ADDRESS), (TELEPHONE NUMBER).
IF THE PROPERTY
IS DEEDED TO THE COUNTY AS A WAY OF COLLECTING THE BACK TAXES AND FEES OWED,
AND THE PROPERTY IS WORTH MORE THAN YOU OWE, YOU ARE ENTITLED TO A RETURN OF
MONEY FROM THE COUNTY. IN ORDER TO RECEIVE A NOTICE OF A POTENTIAL SURPLUS FROM
THE COUNTY, PLEASE PROVIDE THE COUNTY WITH NOTICE OF A CURRENT ADDRESS, AND
UPDATE THAT ADDRESS IF YOU MOVE.
THERE ARE
GOVERNMENT AGENCIES AND NONPROFIT ORGANIZATIONS THAT CAN GIVE YOU INFORMATION
ABOUT FORECLOSURE AND HELP YOU DECIDE WHAT TO DO. FOR GENERAL INFORMATION AT NO
COST TO YOU, CONTACT A CERTIFIED HOUSING COUNSELOR. YOU CAN FIND A HOUSING
COUNSELOR NEAR YOU AT HTTPS://WWW.HUD.GOV/STATES/ OREGON#HOME OWNERSHIP. YOU
MAY ALSO WANT TO TALK TO A LAWYER. YOU CAN REACH THE OREGON STATE BAR’S LAWYER
REFERRAL SERVICE AT 800-452-7636 (TOLL-FREE IN OREGON) OR VISIT THE WEBSITE AT
WWW.OSBAR.ORG. FREE LEGAL ASSISTANCE MAY ALSO BE AVAILABLE TO INDIVIDUALS WITH
LOW INCOMES. FOR MORE INFORMATION AND A DIRECTORY OF LEGAL AID PROGRAMS, GO TO
WWW.OREGONLAWHELP.ORG.
______________________________________________________________________________
(c) At a minimum,
the name, requirements and application process of any existing property tax
deferral program operated by this state or by any county or municipal
government within this state.
(d) Information
regarding local lawyer referral services, legal aid programs or foreclosure
avoidance programs known by the county and operated by local state agencies,
the Oregon State Bar or charitable nonprofit organizations that may be able to
provide the owner with assistance in the foreclosure process.
(e) A referral,
in the five most commonly spoken languages in this state other than English
listed by the Secretary of State pursuant to ORS 251.167, to the website of the
Unclaimed Property program of the State Treasury at
https://unclaimed.oregon.gov for a translation of the notice into those
languages. The translated referral shall include the statement, “This is a
notice about important rights related to your property.”
(4) Each notice
given under this section shall identify the particular property or properties
that are the subject of the notice.
(5) All persons
owning or claiming to own, or having or claiming to have, any interest in
property included in the foreclosure list are required to take notice of the
foreclosure proceeding and of all steps under the proceeding. [Amended by 1957
c.68 §1; 1983 c.657 §9; 1985 c.613 §29; 1987 c.311 §4; 2025 c.475 §1]
Notes of Decisions
Seattle-First Nat'l Bank v. Umatilla Cnty., 713 P.2d 33 (Or. Ct. App. 1986).
· cites it 13× “Neither, apparently, did the 1985 legislature, which amended ORS 312.040. See n 1, supra. It is not difficult to discover from the records who may have a recorded interest in a parcel of real property.”
Grant Cnty. v. Guyer, 672 P.2d 702 (Or. 1983).
· cites it 6× “This appeal presents the question whether notice of foreclosure by publication as provided by ORS 312.040(1) violates the due process provision of the Fourteenth Amendment to the Constitution of the United States and whether it violates the equal protection clause of the…”
Murphy v. Clackamas Cnty. & Jones Lumber Corp., 266 P.2d 1065 (Or. 1953).
· cites it 2× “Section 4 of that act (§ 110-904, OCLA, ORS 312.040) says: "Notice * * * shall be given * * * by four weekly publications of said foreclosure list".”
In re Pineda-Pineda, 510 B.R. 648 (Bankr. D. Or. 2014).
“ORS 312.040. As to any property on the List with respect to which the delinquent real property taxes remain unpaid, the County’s tax collector is required to institute foreclosure proceedings by filing an application (“Application”) for foreclosure with the Circuit Court of the…”
Umatilla Cnty. v. Porter, 507 P.2d 406 (Or. Ct. App. 1973).
“ORS 312.040 (1) provides that: “Notice of each foreclosure proceeding * * * shall be given exclusively by * * * publications of the foreclosure list in a newspaper # * * [I]t shall not be necessary to mail a copy of the notice to the owner or to any other person interested * * *.”
Petersen v. Gangle, 899 P.2d 725 (Or. Ct. App. 1995).
“See ORS 312.040. The published foreclosure notice omitted unpaid taxes for several years on five of plaintiffs properties.”
W. States Land Reliance Trust v. Linn Cnty., 343 Or. App. 280 (Or. Ct. App. 2025).
“030; ORS 312.040. “Any person interested in any real property * * * may file an answer and defense to the application for judgment” of fore- closure “within 30 days after the date of the first publication of the foreclosure list * * *.”
Davenport v. Gruber, 826 P.2d 59 (Or. Ct. App. 1992).
· cites it 3× “, supra, we held that the version of ORS 312.040(1) in effect in 1983 (the same as that in effect in 1958) was unconstitutional as applied to record lienholders.”
W. States Land Reliance Trust v. Linn Cnty., 343 Or. App. 280 (Or. Ct. App. 2025).
“030; ORS 312.040. “Any person interested in any real property * * * may file an answer and defense to the application for judgment” of fore- closure “within 30 days after the date of the first publication of the foreclosure list * * *.”
Ono v. Coos Cnty., 792 P.2d 476 (Or. Ct. App. 1990).
· cites it 2× “As permitted by former ORS 312.040(1), it served notice on persons interested in the property by publication only.”
Greichus v. Coos Cnty. Assessor (Or. T.C. 2015).
· cites it 5× “) Defendant moved to dismiss Plaintiff’s Complaint, asserting that “proper notice was provided to Plaintiff in accordance with ORS 312.040.” (Def’s Mot at 1.) Defendant wrote that the subject property “was subject to foreclosure for delinquent taxes in 2012” and provided a…”
— Or. Rev. Stat. § 312.040(1) — 4 cases
Seattle-First Nat'l Bank v. Umatilla Cnty., 713 P.2d 33 (Or. Ct. App. 1986).
“Neither, apparently, did the 1985 legislature, which amended ORS 312.040. See n 1, supra. It is not difficult to discover from the records who may have a recorded interest in a parcel of real property.”
Grant Cnty. v. Guyer, 672 P.2d 702 (Or. 1983).
“This appeal presents the question whether notice of foreclosure by publication as provided by ORS 312.040(1) violates the due process provision of the Fourteenth Amendment to the Constitution of the United States and whether it violates the equal protection clause of the…”
Davenport v. Gruber, 826 P.2d 59 (Or. Ct. App. 1992).
“, supra, we held that the version of ORS 312.040(1) in effect in 1983 (the same as that in effect in 1958) was unconstitutional as applied to record lienholders.”
Ono v. Coos Cnty., 792 P.2d 476 (Or. Ct. App. 1990).
“As permitted by former ORS 312.040(1), it served notice on persons interested in the property by publication only.”
— Or. Rev. Stat. § 312.040(1)(a) — 1 case
Greichus v. Coos Cnty. Assessor (Or. T.C. 2015).
“) Defendant moved to dismiss Plaintiff’s Complaint, asserting that “proper notice was provided to Plaintiff in accordance with ORS 312.040.” (Def’s Mot at 1.) Defendant wrote that the subject property “was subject to foreclosure for delinquent taxes in 2012” and provided a…”
— Or. Rev. Stat. § 312.040(1)(b) — 1 case
Greichus v. Coos Cnty. Assessor (Or. T.C. 2015).
“) Defendant moved to dismiss Plaintiff’s Complaint, asserting that “proper notice was provided to Plaintiff in accordance with ORS 312.040.” (Def’s Mot at 1.) Defendant wrote that the subject property “was subject to foreclosure for delinquent taxes in 2012” and provided a…”
— Or. Rev. Stat. § 312.040(2) — 1 case
Seattle-First Nat'l Bank v. Umatilla Cnty., 713 P.2d 33 (Or. Ct. App. 1986).
“Neither, apparently, did the 1985 legislature, which amended ORS 312.040. See n 1, supra. It is not difficult to discover from the records who may have a recorded interest in a parcel of real property.”
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