Oregon Statutes 545.502 – Foreclosure; procedure; redemption after sale; attorney fees
(1) At any time after the delinquency date fixed by the resolution and upon the filing of the notice of claim of lien under ORS § 545.494, the board by resolution may direct that all delinquent incurred charges then unpaid shall be foreclosed by the district. The foreclosure shall follow the general procedure of a suit in equity and be filed in the circuit court for the county in which the land to be foreclosed is situated. If land in two or more counties is to be foreclosed, separate proceedings shall be commenced in each county as to the lands in that county. In addition to such incurred charges being foreclosed, the district may recover in the suit the costs and disbursements and expenses of foreclosure, including but not limited to recording and filing fees, title search fees, foreclosure reports and a reasonable administrative fee. Any number of tracts of land may be foreclosed in the same suit, without regard to whether they are delinquent for the same or different incurred charges, or for the same or several years. The judgment shall order the sale of the property and order the sheriff of the county to hold the sale in the same manner as other foreclosure sales. The sheriff shall fix the time for holding the sale and give notice of the sale for two consecutive weeks prior to the day of sale by publication of notice once each week in a newspaper published in the county in which the land to be sold is situated. The sheriff shall also post notices in three public and conspicuous places within the county at least two weeks prior to the day of sale. The irrigation district may be a bidder and purchaser of the property at the sale.
Terms Used In Oregon Statutes 545.502
- District: means an irrigation district organized or operating under this chapter. See Oregon Statutes 545.002
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) Property sold under this section may be redeemed within 180 days from the date of sale by the:
(a) Former owner whose right and title were sold, or the heir, devisee or grantee of the former owner; or
(b) Holder of legal or equitable title or lien upon the land.
(3) A person who redeems the property under subsection (2) of this section shall pay the amount provided in ORS § 18.582 (2).
(4) The court may award reasonable attorney fees to the prevailing party in a foreclosure action under this section. [Amended by 1981 c.897 § 61; 1991 c.459 § 423j; 1993 c.771 § 17; 1995 c.42 § 119; 1995 c.618 § 83; 2001 c.476 § 4; 2003 c.576 § 498; 2005 c.371 § 1]
18.582 was repealed by section 73, chapter 542, Oregon Laws 2005. The text of 545.502 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 545.502 for the repeal of 18.582 has not been made.