Oregon at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | Oregon uses both. A trust deed can be foreclosed out of court by the trustee through advertisement and sale, or, at the lender's option, through a court case in the same way as a mortgage. Mortgages and other liens on real property are foreclosed by bringing suit, and the property is then sold by the sheriff at an execution sale. Or. Rev. Stat. §86.710; §88.010(1)(a) Show the source textbe foreclosed by advertisement and sale in the manner provided in ORS 86.705 to 86.815, or, at the option of the beneficiary, may be foreclosed by the beneficiary as provided by law for the foreclosure of mortgages on real property |
| Who holds foreclosure surplus | After an out-of-court trustee's sale, the trustee applies the sale proceeds to the expenses of the sale, the debt secured by the trust deed and later recorded liens in order of priority, and pays any surplus to the grantor of the trust deed (the borrower) or to the grantor's successor in interest entitled to it. After a court foreclosure, the sheriff delivers the net sale proceeds to the court administrator, the court enters an order of distribution, and the court administrator pays any remaining proceeds as that order directs. Or. Rev. Stat. §86.794; §18.950(1), (4) Show the source textThe surplus, if any, to the grantor of the trust deed or to the successor in interest of the grantor entitled to such surplus. |
| Claim window for foreclosure surplus | The Oregon foreclosure sections we read (ORS 86.794 and 18.950) do not set a deadline for claiming surplus. Separately, under Oregon's unclaimed property law, intangible property held for an owner by a court or other government body that stays unclaimed for more than two years is presumed abandoned (three years for other intangible property held in the ordinary course of a holder's business), and abandoned property is reported and delivered to the State Treasurer, where a claim may be filed at any time after the property has been reported. Or. Rev. Stat. §98.336(2); §98.342(1); §98.352(1); §98.392(1) Show the source textheld for the owner by a court, state or other government, governmental subdivision or agency, public corporation or public authority that remains unclaimed by the owner for more than two years is presumed abandoned |
| Tax sale excess proceeds | Oregon counties collect delinquent property taxes through a court tax foreclosure, not a tax lien sale to investors: property is subject to foreclosure once three years have passed from the earliest delinquency, the court orders the property sold to the county, and the owner has two years from the foreclosure judgment to redeem before the property is deeded to the county. Under a 2025 law, when the county then sells or keeps the property it must determine any surplus within 60 days and deliver it to the State Treasurer within 30 days after that, and the former owner (or the owner's estate or heirs) claims the surplus from the State Treasurer as unclaimed property. Or. Rev. Stat. §§312.530, 312.540(1)-(2), 312.560; see also §§312.010(1), 312.100, 312.120(1), 312.200 Show the source textA claim for a surplus must be made with the State Treasurer in the manner provided by ORS 98.392 and 98.396. |
| Redemption after the sale | It depends on the type of foreclosure. After an out-of-court trustee's sale there is no redemption: a person whose interest was foreclosed may not redeem the property from the purchaser. After a court foreclosure and sheriff's execution sale, the judgment debtor (which includes the mortgagor) may redeem the property within 180 days after the date of sale. Or. Rev. Stat. §18.964(1); §18.963(1)-(2); §86.797(1) Show the source textthe ability of a judgment debtor to redeem property sold at an execution sale expires unless the judgment debtor redeems the property within 180 days after the date of sale |
| Rules for recovery companies | For county tax foreclosure surplus, Oregon law makes any purported assignment of a claim to the surplus void, except an assignment made to protect the claimant, such as in a bankruptcy, power of attorney, custodianship or guardianship, and a voluntary assignee does not count as a claimant. For property held by the State Treasurer's Unclaimed Property Program, Treasury rules recognize a paid "Licensed Finder" only if the person holds an Oregon investigator license under ORS 703.430, and the finder must file a notarized power of attorney, a copy of the license and the signed contract with the claim. Oregon also requires the sheriff's sale notice to warn debtors to be careful about offers to sell rights to surplus funds, and requires a person buying a home in foreclosure before the redemption period ends to give the seller a written warning about giving up surplus funds. Or. Rev. Stat. §312.540(5)(b); §312.500(1)(b)(C); Or. Admin. R. 170-140-0005(9), 170-140-0110(2); Or. Rev. Stat. §§703.401(2), 703.405; §18.924(4); §18.965 Show the source textAny purported assignment of a claim to the surplus is void except for an assignment made for the protection of the interests of the claimant, including an assignment in a bankruptcy proceeding, power of attorney or custodianship or guardianship proceedings. |
How surplus funds arise in Oregon
When a home in Oregon is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in Oregon
We confirm the sale figures in the public record, identify which office in Oregon is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In Oregon that program is the Oregon State Treasury, Unclaimed Property Program.
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, Oregon law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in Oregon
Oregon regulates this kind of service. For county tax foreclosure surplus, Oregon law makes any purported assignment of a claim to the surplus void, except an assignment made to protect the claimant, such as in a bankruptcy, power of attorney, custodianship or guardianship, and a voluntary assignee does not count as a claimant. For property held by the State Treasurer's Unclaimed Property Program, Treasury rules recognize a paid "Licensed Finder" only if the person holds an Oregon investigator license under ORS 703.430, and the finder must file a notarized power of attorney, a copy of the license and the signed contract with the claim. Oregon also requires the sheriff's sale notice to warn debtors to be careful about offers to sell rights to surplus funds, and requires a person buying a home in foreclosure before the redemption period ends to give the seller a written warning about giving up surplus funds. (Or. Rev. Stat. §312.540(5)(b); §312.500(1)(b)(C); Or. Admin. R. 170-140-0005(9), 170-140-0110(2); Or. Rev. Stat. §§703.401(2), 703.405; §18.924(4); §18.965)
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in Oregon
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for Oregon, from locating the funds to filing the claim.
After an out-of-court trustee's sale, the trustee applies the sale proceeds to the expenses of the sale, the debt secured by the trust deed and later recorded liens in order of priority, and pays any surplus to the grantor of the trust deed (the borrower) or to the grantor's successor in interest entitled to it. After a court foreclosure, the sheriff delivers the net sale proceeds to the court administrator, the court enters an order of distribution, and the court administrator pays any remaining proceeds as that order directs.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.