Oregon Judgment Foreclosing Mortgage and Ordering Sale

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US-02647BG
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A judicial foreclosure is one which results from a court action rather than from the power of sale given to a trustee. Judicial foreclosures occur when a trust deed or mortgage deed does not have a power of sale clause, thus compelling the lender to take the borrower to court. This is in contrast to a non-judicial foreclosure, in which a foreclosure can be completed outside the court system.
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FAQ

The trustee then auctions off the property to satisfy the debt, the attorney fees and foreclosure costs. Following the sale, the owner must move out of the property within 10 days of the sale. This foreclosure process takes approximately 140 days.

A foreclosure means that the lender takes control of a property after the borrower misses multiple mortgage payments. This is also referred to as defaulting on the loan. In doing so, the borrower is breaking the mortgage contract they signed with their lender.

In general, if you have a contractual debt in Oregon that you have not repaid, the creditor has six years to pursue you with legal action before the Oregon statute of limitations expires. This applies to medical, credit card, mortgage, and auto loan debt. There is no statute of limitations on a state tax debt.

After the sale, the owner has 180 days to buy the property back from the purchaser for an amount equal to the auction price paid, plus interest and anything the purchaser had to pay for such items as taxes and maintenance. This is known as a right of redemption.

Oregon laws allows for both judicial and non judicial foreclosures. If a lender pursues a foreclosure through the judicial system then the borrower has a 180 day right of redemption. There is no right of redemption for non judicial foreclosures.

Oregon's Criminal Statute of Limitations at a Glance There is a six-year statute of limitations for sexual felonies or crimes in which the victim is under 18 at the time of the offense. There is a three-year limit for all other felonies and a two-year limit for most misdemeanors in the state.

The Foreclosure Sale The sale is an auction, open to all bidders. The lender bids on the property using a "credit bid" rather than bidding cash. With a credit bid, the lender gets a credit up to the amount of the borrower's debt. The highest bidder at the sale becomes the new owner of the property.

Limitations Period: Six years for an action on the Note. Ten years for foreclosure under a deed of trust. [7] It is unsettled in Oregon whether a non-judicial foreclosure is barred if the limitations period on an action under the Note has already expired.

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Oregon Judgment Foreclosing Mortgage and Ordering Sale