Chapter 312

LAW REVIEW CITATIONS: 5 EL 516 (1975)

      312.010 to 312.230

LAW REVIEW CITATIONS: 52 OLR 175-189 (1973)

      312.040

NOTES OF DECISIONS

      Because published notice provided for in this section is supplemental to other statutorily mandated notices given by mail, the section does not violate constitutional due process requirements; because there is rational basis for distinguishing between lienholders who request notice of foreclosure proceedings and land owner who failed to pay taxes, section does not violate equal protection rights. Grant County v. Guyer, 296 Or 14, 672 P2d 702 (1983)

      Former provision of this section, which provided that notice by publication of foreclosure proceeding was sufficient service on persons with recorded liens, was unconstitutional as due process requires at least mailed notice to recorded lienholders. Seattle-First National Bank v. Umatilla County, 77 Or App 283, 713 P2d 33 (1986), Sup Ct review denied

      312.090

NOTES OF DECISIONS

      Judgment foreclosing lien for delinquent real property taxes is “transfer” for purposes of avoidable preference analysis in bankruptcy. Hull v. Klamath County, 591 B.R. 25 (2018)

      For purposes of determining date of transfer in bankruptcy case, entry into court registry of certified copy of judgment foreclosing lien perfects county’s interest in real property against which judgment is entered. Hull v. Klamath County, 591 B.R. 25 (2018)

      312.100

NOTES OF DECISIONS

      For purposes of determining date of transfer in bankruptcy case, entry into court registry of certified copy of judgment foreclosing lien perfects county’s interest in real property against which judgment is entered. Hull v. Klamath County, 591 B.R. 25 (2018)

      312.120

NOTES OF DECISIONS

      Where judgment was inadvertently rendered for less than full amount of delinquency, payment of judgment amount entitled taxpayer to certificate of redemption. Petersen v. Gangle, 135 Or App 514, 899 P2d 725 (1995)

      312.270

NOTES OF DECISIONS

      “Encumbrance” includes only money or security interests in subject property. Westwood Homeowners Assn., Inc. v. Lane County, 118 Or App 310, 847 P2d 862 (1993), aff’d 318 Or 146, 864 P2d 350 (1993), as modified by 318 Or 327, 866 P2d 463 (1994)

      Foreclosure by county did not extinguish certain covenants, conditions and restrictions, including post-foreclosure assessment charges, affecting lots in planned unit development. Westwood Homeowners Assn., Inc. v. Lane County, 118 Or App 310, 847 P2d 862 (1993), aff’d 318 Or 146, 864 P2d 350 (1993), as modified by 318 Or 327, 866 P2d 463 (1994)