Mortgage foreclosure surplus

Or. Rev. Stat. § 86.794 directly governs nonjudicial trust-deed sale proceeds: expenses, secured debt, subsequent recorded liens by priority, then surplus to the grantor or successor. Section 86.797 governs the effect of sale, not surplus distribution. Section 86.794 sets no fixed owner surplus-filing period. Ask the trustee for accounting and payment promptly. The no-redemption rule for notified parties in § 86.797 concerns title, not a cash claim.

Tax sale surplus

Or. Rev. Stat. §§ 312.500–312.560, enacted by 2025 HB 2089 (Oregon Laws 2025, ch. 475), now provide a statewide system for county tax-foreclosure surplus; § 312.540 gives the former owner and specified successors a claim with the State Treasurer. Section 312.540(2) routes tax-surplus claims through Or. Rev. Stat. §§ 98.392 and 98.396; § 98.392 permits a claim any time after reporting. The county must determine surplus within 60 days and deliver it to the Treasurer within 30 days after determination (§§ 312.530, 312.560); those are county deadlines, not owner cutoffs.

Unclaimed funds

Oregon Uniform Disposition of Unclaimed Property Act, Or. Rev. Stat. §§ 98.302–98.436; §§ 98.392 and 98.396 govern owner claims and payment. An owner may file a claim at any time after the property is reported (§ 98.392(1)). The same path now applies to tax-foreclosure surplus reported under § 312.560.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Mortgage foreclosure statute