State Foreclosure Law

Oregon Foreclosure Laws

Foreclosure laws, timelines, homeowner protections, and free legal resources for Oregon.

Process
Non-Judicial
Out of court, under a power of sale §
Foreclosure Length
Varies
Depends on the case
Homestead Exemption
$150,000
Automatic · the rule §
Deficiency Judgment
Limited
Generally not allowed after non-judicial foreclosure §
31 source pages cited · Last checked Mar 10, 2026
Not legal advice. This page provides general information about Oregon foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Oregon-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Oregon foreclosure guide →

On this page

Governing Statutes

Citation Title Covers
ORS 86.705-86.815 Oregon Trust Deed Act Non-judicial foreclosure by trustee's sale, notice requirements, 120-day waiting period, sale procedures
ORS 88.010-88.103 Judicial Foreclosure of Mortgages Court-supervised foreclosure process, deficiency judgment provisions (only available via judicial foreclosure)
ORS 86.726-86.748 Pre-Foreclosure Notice / Foreclosure Avoidance Measures Resolution conference a lender must request before a notice of default or foreclosure suit on a residential trust deed, unless exempt; foreclosure avoidance measures
ORS 18.395 Homestead Exemption Homestead exemption of $150,000 ($300,000 combined), adjusted each year for the cost of living

Oregon Foreclosure Process and Your Rights

Oregon uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

  • Paying to stop the foreclosure: The borrower (or a junior lienholder) may cure the default at any time up to five days before the date last set for the trustee's sale (ORS 86.778). Paying off the loan in full remains possible any time before the sale. §
  • After the sale: None after a trustee's sale (ORS 86.797). After a judicial foreclosure sale, the former owner can redeem within 180 days after the date of sale (ORS 18.964). §
  • Homestead exemption: $150,000 §
  • Mediation: Oregon has a statewide foreclosure mediation program: the Oregon Foreclosure Avoidance (OFA) Program. §

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Oregon foreclosure guide →

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Regulatory Oversight & Complaint Filing

Oregon homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator
Oregon Division of Financial Regulation (DFR)
File a complaint →
Attorney General — Consumer Protection
Oregon Department of Justice — Consumer Protection Section
Consumer protection information →
Housing Finance Agency
Oregon Housing and Community Services (OHCS)
Phone: 503-986-2000

Special Foreclosure Types in Oregon

Beyond the standard non-judicial foreclosure process, Oregon law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Oregon condominium associations (ORS 100.450) and planned-community homeowners associations (ORS 94.709) may foreclose assessment liens by suit after recording a notice of claim of lien, using proceedings that conform as nearly as possible to those for foreclosing liens under ORS 87.010. §
A condominium association lien can become prior to a first mortgage or trust deed under ORS 100.450(7) only if, among other conditions, the association gave the lender 90 days' prior written notice of the assessment default, the lender did not start a foreclosure or accept a deed in lieu within those 90 days, the borrower is in default on principal and interest, and the notice and an affidavit of notice were recorded.

Lien Priority in Oregon

Oregon follows a race-notice recording statute (ORS 93.640). A trust deed or mortgage that is recorded first and for which the lender paid value without actual or constructive notice of a prior unrecorded interest takes priority over that prior interest.

Statute of Limitations in Oregon

Mortgage Foreclosure
10 years §
Under ORS 88.110, a mortgage on real property stops being a lien 10 years after the later of the debt's maturity date, the end of its term or the date to which payment was extended by an agreement of record; after that the mortgage is conclusively presumed paid and no suit can be maintained to foreclose it. ORS 86.715 says a trust deed is deemed a mortgage and is subject to the mortgage laws except where they conflict with the trust deed statutes. ORS 88.120 lists exceptions, including when all of these are true: part of the debt or interest was voluntarily paid in the 10 years before the suit, the original mortgagor still owns the property, and no third party's lien attached after the 10-year period. Servicers who delay foreclosure for extended periods may face limitations defenses.
Written Contracts
6 years §
Deficiency Judgment
Varies §
ORS 86.797(2) bars an action for a deficiency after a trustee's sale, so no filing deadline comes into play after one. We found no 60-day deadline in the statute. Ask an Oregon attorney which time limit applies to a court foreclosure.

Probate & Inheritance in Oregon

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Oregon law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
Under ORS 86.752, the Notice of Default must be sent by certified mail to the trust deed grantor's last known address.
Heir Protections
Heirs who inherit and occupy the property may qualify as successors in interest under CFPB Regulation X (12 CFR 1024.31).

Consumer Protection & Compliance in Oregon

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Oregon.

Mortgage Relief Scam Protections
State law specifically addresses mortgage relief scams.
Attorney Advertising Rules
Oregon Rules of Professional Conduct (RPC 7.1-7.5) govern attorney advertising, including foreclosure defense attorneys. §
Lead Generation Restrictions
Oregon's Unlawful Trade Practices Act (ORS 646.608) prohibits unfair or deceptive acts in trade or commerce, including foreclosure rescue services.

Legal Aid & Pro Bono Resources in Oregon

  • ⚖
    Legal Aid Services of Oregon
    Area served: Statewide — legal aid for low-income Oregonians, offices in Portland, Salem, Eugene, Medford, Pendleton, Roseburg, Ontario.
    lasoregon.org →
  • ⚖
    Oregon Law Center
    Area served: Western Oregon (excluding Portland metro) — serves low-income individuals in rural and agricultural communities.
    oregonlawcenter.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Oregon. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in Oregon →
  • 📋
    Oregon State Bar — Lawyer Referral Service
    State bar lawyer referral service.
    osbar.org →

Find Help in Oregon

We maintain a verified directory of free and low-cost help providers in Oregon. All are government-approved or federally funded.

23 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 39 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 44 Debtor education providers Required post-filing debtor education courses

Browse all 107 providers in Oregon →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Oregon.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

Oregon Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Oregon homeowners:

Foreclosure Filings
National trend
National foreclosure filings. Oregon mainly uses non-judicial foreclosure (trustee's sales outside court).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in Oregon? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in Oregon

General information, not legal advice.

🛟
Free help also exists in Oregon: 1-800-569-4287, or a HUD-approved housing counselor at no cost.