Oregon Foreclosure Laws
Oregon Foreclosure Laws
Key Takeaways
- Oregon foreclosures are mostly out-of-court trustee sales and take about five months.
- The notice of default must be recorded and delivered at least four months before the sale.
- Borrowers can stop foreclosure up to five days before the sale by paying past-due amounts plus costs.
- There is no redemption after an out-of-court foreclosure sale.
Foreclosure Process Overview
Oregon foreclosures are handled either in court or out of court. The foreclosure process takes about five months.
| Judicial | Non Judicial | Comment | Process Period | Publish Sale | Redemption Period | Sale/NTS |
| • | • | Trustee Sale mostly | 150 days | 30 days | 180 days | Trustee |
Pre-foreclosure Period
In Oregon, once the lender records a notice of default, if no power-of-sale is included in the mortgage, foreclosure proceeds through the court system. Once the court declares a foreclosure, the property is put up for sale.
More commonly a power-of-sale clause is written into the mortgage, allowing the lender to sell the property out of court to recover the balance of the loan in the event of default. The lender records a notice of default with the county recorder at least four months before the property is scheduled for sale. The lender also delivers the notice of default to the borrower at least four months before the sale date.
The borrower can stop the foreclosure up to five days before the sale by paying all past due monies owed plus costs.
Notice of Sale / Auction
For out-of-court foreclosures, the notice of sale is published once a week for four weeks before the sale in a local newspaper. The last notice is published at least 20 days before the sale date.
The sale is between the hours of 9 a.m. and 4 p.m. at the location stated on the notice. Oregon foreclosure sales are public auctions. Anyone, with the exception of the trustee, may present bids. The property goes to the highest bidder, who must pay in full in cash at the time of the auction. The trustee transfers ownership of the property to the highest bidder within 10 days of the sale. At that time, the purchaser is also entitled to possession of the property.
The sale may be postponed for up to 180 days from the original scheduled date without restarting the foreclosure process.
For foreclosures conducted out of court, the borrower cannot redeem the property after the foreclosure sale.
Legislative and Legal Updates
The Oregon Supreme Court held in early June 2013 that the Mortgage Electronic Registration Systems, or MERS, has the authority to proceed in a non-judicial foreclosure proceeding if it has the correct documentation for the lenders it represents. The justices also ruled that creditors using MERS do not have to show the publicly recorded history of a trust deed in order to take advantage of the state’s non-judicial process. Instead, MERS may initiate foreclosure proceedings so long as it can prove it is acting as an agent for the lender that has the interest in the loan. The state has been a non-judicial one since 1959.
Frequently Asked Questions
How long does foreclosure take in Oregon?
About five months.
Can I stop a foreclosure in Oregon?
Yes. You can stop it up to five days before the sale by paying all past-due amounts plus costs.
How do you pay at an Oregon foreclosure auction?
The highest bidder must pay in full in cash at the time of the auction.
Sources & References
Outside sources cited in this article.
- Chapter 86 - Mortgages; Trust Deeds (ORS 86.764, 86.778, 86.797), Oregon State Legislature
- Oregon Foreclosure Process, Oregon Housing and Community Services
About the author: Manuel Martinez
RealtyTrac contributor
Manuel Martinez is a contributor to RealtyTrac who writes about local housing markets, home buying and real estate investing. He has written for RealtyTrac since 2013, covering city and state market reports, home buying guides and tips, investment financing and strategies for buying and flipping homes.
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