312.120 Period
during which property held by county; redemption; assessment during redemption
period; redemption of part of property. (1) Except as provided in ORS 312.122, all real
properties sold to the county under ORS 312.100, shall be held by the county
for the period of two years from and after the date of the judgment of
foreclosure, unless sooner redeemed.
(2) During the
two-year period any person having an interest in the property at the date of
the judgment of foreclosure, or any heir or devisee of such person, or any
person holding a lien of record on the property, or any municipal corporation
having a lien on the property, may redeem the property by payment of the full
amount applicable to the property under the judgment, with interest thereon as
provided by law, plus a penalty of five percent of the total amount applicable
to the property under the judgment and a fee as specified under subsection (5)
of this section. The penalty of five percent and fee shall be in lieu of all
costs chargeable against the property in connection with the foreclosure
proceeding. The fee shall be used to defray the costs, among other costs,
incurred by the county to provide the notices of redemption period expiration
to lienholders and others required under ORS 312.125.
(3) Property so
redeemed shall be subject to assessment for taxation during the period of
redemption, as though it had continued in private ownership.
(4) Any person
holding a mortgage or other lien of record covering a part only of a particular
parcel of real property included in the judgment of foreclosure may redeem such
part by payment of the proportionate amount applicable thereto under the judgment.
(5) The fee
specified by this subsection is as follows:
(a) If the
property is redeemed before the date the notice by certified mail required by
ORS 312.125 is given, $50.
(b) If the
property is redeemed on or after the date the notice by certified mail required
by ORS 312.125 is given, the greater of $50 or the actual cost to the county
for a title search and other expenses related to obtaining a title search. [Amended
by 1983 c.472 §2; 1987 c.311 §7; 1989 c.687 §2; 1999 c.22 §1; 2003 c.576 §420]
Notes of Decisions
Cited in
18
cases (
2 in the last 5 years), 1966–2025 · leading case:
Willis v. Stager, 481 P.2d 78 (Or. 1971).
Willis v. Stager, 481 P.2d 78 (Or. 1971).
· cites it 6× “216; ORS 312.120; ORS 311.555 and Hood River County v.”
Hull v. Klamath Cnty. (In re Hull), 591 B.R. 25 (Bankr. D. Or. 2018).
· cites it 3× “ORS 312.120(1), (2). If redeemed, the property is subject to taxation during the redemption period, "as though it had continued in private ownership.”
Multnomah Cnty. v. Rudolph (In Re Rudolph), 166 B.R. 440 (D. Or. 1994).
· cites it 4× “Appellant also contended that the plan was flawed because it did not provide for payment of the delinquent property taxes, interest, and related fees within the two-year redemption period established by ORS 312.120. On January 15, 1993, the bankruptcy court entered an order…”
Shipp v. Cnty. of Multnomah, 891 P.2d 1345 (Or. Ct. App. 1995).
· cites it 2× “In addition to the statutory two-year right of redemption, ORS 312.120, 1 defendant’s Ordinance No. 560, 2 after finding that its interest and that of its residents is best served when taxpayers are restored to their property and the delinquent taxes paid, extended that right…”
In re Pineda-Pineda, 510 B.R. 648 (Bankr. D. Or. 2014).
· cites it 2× “ORS 312.120. As the “former owner,” the Pine-das had a statutory right to possess the Property during the Redemption Period so long as they did not commit any waste to the Property.”
Petersen v. Gangle, 899 P.2d 725 (Or. Ct. App. 1995).
· cites it 5× “In his first assignment, plaintiff argues that the court erred in denying his motion for summary judgment, because he was entitled to a certificate of redemption, under ORS 312.120, upon payment of the 1991 judgment plus penalties and interest.”
Bastasch v. Hansen, 246 P.3d 10 (Or. Ct. App. 2010).
· cites it 3× “The two-year period for defendants to redeem the property by paying the back taxes, plus interest, penalties, and fees, see ORS 312.120, was set to expire on September 30, 2005, at 5:00 p.”
Bastasch v. Hansen, 246 P.3d 10 (Or. Ct. App. 2010).
· cites it 3× “The two-year period for defendants to redeem the property by paying the back taxes, plus interest, penalties, and fees, see ORS 312.120, was set to expire on September 30, 2005, at 5:00 p.”
Grant Cnty. v. Guyer, 672 P.2d 702 (Or. 1983).
“The decree has the effect of beginning a one year period of redemption during which time any person claiming an interest in the property may redeem by paying all the delinquent taxes, ORS 312.120. Thirty days prior to the expiration of the redemption period the tax collector is…”
— Or. Rev. Stat. § 312.120(1) — 1 case
Hull v. Klamath Cnty. (In re Hull), 591 B.R. 25 (Bankr. D. Or. 2018).
“ORS 312.120(1), (2). If redeemed, the property is subject to taxation during the redemption period, "as though it had continued in private ownership.”
— Or. Rev. Stat. § 312.120(2) — 6 cases
Willis v. Stager, 481 P.2d 78 (Or. 1971).
“216; ORS 312.120; ORS 311.555 and Hood River County v.”
Hull v. Klamath Cnty. (In re Hull), 591 B.R. 25 (Bankr. D. Or. 2018).
“ORS 312.120(1), (2). If redeemed, the property is subject to taxation during the redemption period, "as though it had continued in private ownership.”
— Or. Rev. Stat. § 312.120(3) — 3 cases
Hull v. Klamath Cnty. (In re Hull), 591 B.R. 25 (Bankr. D. Or. 2018).
“ORS 312.120(1), (2). If redeemed, the property is subject to taxation during the redemption period, "as though it had continued in private ownership.”
Bastasch v. Hansen, 246 P.3d 10 (Or. Ct. App. 2010).
“The two-year period for defendants to redeem the property by paying the back taxes, plus interest, penalties, and fees, see ORS 312.120, was set to expire on September 30, 2005, at 5:00 p.”
Bastasch v. Hansen, 246 P.3d 10 (Or. Ct. App. 2010).
“The two-year period for defendants to redeem the property by paying the back taxes, plus interest, penalties, and fees, see ORS 312.120, was set to expire on September 30, 2005, at 5:00 p.”
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