ORS 312.125: Notice of expiration of period of redemption; locating property owners; contents; mailing.

(1)(a) Not less than one year prior to the expiration of the period of redemption of any real property ordered sold to the county under a judgment under ORS 312.100, the tax collector shall provide notice of the expiration of the period of redemption to any person or entity entitled to redeem the property under ORS 312.120 (2) whose interest appears in the records of the county as of the date foreclosure proceedings were instituted. (b) Any person or entity whose interest has terminated by any means other than a judgment of foreclosure under ORS 312.120 shall not be entitled to such notice. (c) Counties shall conduct due diligence to locate interested property owners by means including, but not limited to, searches of land, court and other records, online databases and other resources. (2) Each notice of the expiration of the period of redemption 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. THE REDEMPTION PERIOD TO PAY THE BACK TAXES AND FEES AND RETAIN YOUR PROPERTY ENDS ON (DATE). 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) The date of the judgment; (d) The date of expiration of the period of redemption; (e) A warning to the effect that the property ordered sold under the judgment, unless sooner redeemed, will be deeded to the county immediately on expiration of the period of redemption; (f) A legal description of the property and a tax account number; (g) The name of the owner as it appears on the latest tax roll; (h) Information regarding an owner’s right to claim a surplus, if any, under ORS 312.500 to 312.560; (i) 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; (j) Information regarding any relief programs including but not limited to exemptions, grants or payment plans that are available to the owner; and (k) 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.” (3)(a) The notice required under this section shall be given by both certified mail and by regular first class mail and subsections (4) and (5) of this section shall apply to both mailings. (b) A copy of the notice shall be posted to the county’s public website. (4)(a) If the notice required under this section is to be given to an owner, the notice shall be addressed to the owner or owners, as reflected in the county records of deeds, at the true and correct address of the owner as appearing on the instrument of conveyance under ORS 93.260 or as furnished under ORS 311.555 or as otherwise ascertained by the tax collector pursuant to ORS 311.560. (b) If the person or entity to whom the notice is required under subsection (1) of this section to be given is a lienholder, or person or entity other than the owner, having or appearing to have a lien or other interest in the property, the notice shall be addressed to the lienholder, person or entity at the address that the tax collector knows or after reasonable inquiry has reason to believe to be the address at which the lienholder, person or entity will most likely receive actual notice. For the convenience of the county, any lien, instrument or other document, memorandum or writing, filed on or after September 27, 1987, that creates an interest with respect to which notice is required to be given under this paragraph, shall contain: (A) The address of the person or entity holding lien or other interest created by the instrument or other document, memorandum or writing; and (B) The tax account number, if any, and if known, of the property subject to the lien or in which the interest is created. (5) Failure of a lien, instrument or other document, memorandum or other writing to contain the address and tax account number information required under subsection (4)(b) of this section does not invalidate the lien, instrument or other document, memorandum or writing, nor shall the failure of the writing to contain the information relieve the tax collector of the duty to obtain and mail the notice required under subsection (4)(b) of this section to the address that the tax collector believes to be the address at which the lienholder, person or entity is most likely to receive actual notice. (6) For purposes of subsection (4)(b) of this section, if the lienholder is a corporation or a limited partnership, the tax collector shall be considered to have made reasonable inquiry if the notice is mailed to the registered agent or last registered office of the corporation or limited partnership, if any, as shown by the records on file in the office of the Corporation Commissioner, or if the corporation or limited partnership is not authorized to transact business in this state, to the principal office or place of business of the corporation or limited partnership. (7)(a) As used in this section, “records of the county” means the following: (A) The grantor-grantee indexes. (B) Other records of deeds, mortgages, powers of attorney, contracts and other instruments, documents or memorandum of conveyance or otherwise of real property that are described in ORS 205.130 (1) and (2). (C) The County Clerk Lien Record described in ORS 205.130 (3). (D) Records of federal tax liens and other liens, instruments or other documents or writings reflecting an interest in real property described in ORS 205.246, if those records are kept separately from the records described in paragraph (b) of this subsection. (E) Records of statutory liens on real property described in ORS 87.372. (F) Any other records of interests in real property required to be kept by the county clerk, if the records contain a legal description of the property and an address specifically designated as indicated on the instrument, document or other memorandum or writing for purposes of mailing the notice required by this section. (b) For purposes of this section, “records of the county” includes: (A) The appropriate records of the courts described in ORS 7.010 in the custody of the clerk of the appropriate court or court administrator under ORS 7.110; and (B) Probate records in the custody of the clerk of the appropriate court or court administrator under ORS 7.230 and 7.240. Notwithstanding any provision to the contrary in ORS chapter 7 or other law, the clerk of the appropriate court or the court administrator shall make available to and assist the tax collector in the examination of the records described in this paragraph for purposes of carrying out the obligations of the tax collector under this section without charge. [1987 c.311 §2; 1989 c.628 §1; 2003 c.576 §422; 2009 c.33 §11; 2025 c.475 §2]