Oregon Statutes 311.700 – Deed or contract clauses prohibiting application for deferral are void; reverse mortgage prohibition; exceptions
(1) A clause or statement in a mortgage trust deed or land sale contract executed after September 9, 1971, that prohibits the owner from applying for deferral of homestead property taxes provided in ORS § 311.666 to 311.701 is void.
Terms Used In Oregon Statutes 311.700
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(2) Notwithstanding ORS § 311.670, a homestead that is pledged as security for a reverse mortgage is not eligible for tax deferral under ORS § 311.666 to 311.701.
(3) Subsection (2) of this section does not apply to a homestead that is:
(a) Eligible for tax deferral under section 7, chapter 13, Oregon Laws 2012, section 1, chapter 31, Oregon Laws 2013, or section 1, chapter 494, Oregon Laws 2013; or
(b) Pledged as security for a reverse mortgage pursuant to a contract executed on or after July 1, 2011, and before January 1, 2017, provided the taxpayer seeking the tax deferral has an equity interest in the homestead that equals or exceeds 40 percent at the time of filing a claim under ORS § 311.672. [1971 c.572 § 7; 1977 c.160 § 8; 2011 c.723 § 16; 2019 c.591 § 1]