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Oregon

Oregon Revised Statutes § 86.735. Both foreclosure state.

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Judicial Type

Both

Redemption

No statutory right of redemption after non-judicial trustee

Deficiency

After non-judicial foreclosure under the Trust Deed Act: def

Mediation

Oregon Foreclosure Avoidance Program: mandatory mediation fo

Statute Citation

Or. Rev. Stat. §§ 86.705-86.815 (Oregon Trust Deed Act)

Redemption Period

No statutory right of redemption after non-judicial trustee sale. The sale is final — no post-sale redemption. Judicial foreclosures may have redemption under limited circumstances.

Deficiency Judgment Rule

After non-judicial foreclosure under the Trust Deed Act: deficiency is PROHIBITED for residential trust deeds on owner-occupied property that secured purchase money. After judicial foreclosure: deficiency permitted with fair value limitation.

Notice Requirements

Notice of sale recorded and mailed to borrower 120 days before sale. Notice published once per week for 4 consecutive weeks and posted on property. Oregon has detailed notice requirements under the Oregon Trust Deed Act.

Mediation Program

Oregon Foreclosure Avoidance Program: mandatory mediation for certain residential foreclosures. Mediation must be requested after notice of resolution conference.

Key Provisions

  • Most residential foreclosures use the Oregon Trust Deed Act (non-judicial)
  • Anti-deficiency protection for purchase-money residential trust deeds
  • 120-day notice of sale
  • Mandatory mediation program

Homeowner Protections

  • No deficiency on purchase-money residential trust deeds
  • 120-day pre-sale notice
  • Mandatory mediation (Foreclosure Avoidance Program)
  • Strict notice requirements — deviations void the sale

Frequently Asked Questions

Do I qualify for Oregon's anti-deficiency protection?+
After a non-judicial trustee sale under the Oregon Trust Deed Act, there is NO deficiency judgment if: (1) the trust deed was a purchase-money trust deed (used to buy the home), (2) the property is owner-occupied residential, and (3) the foreclosed property is the security for the debt. This means if you used the loan to PURCHASE your home and live in it, the lender cannot pursue you for the balance after a non-judicial foreclosure. This is a significant protection — it does not apply to refinance loans or non-owner-occupied properties.
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