ORS 312.550 Notice of surplus; surplus, description of property, names of claimants and claim process to be published on state and county websites

Within 60 days after the date on which a claim for a surplus could arise under ORS 312.540, the county shall deliver notice of a surplus to:

The claimant at the claimant’s last known address;

The Estates Administration Program of the State Treasury;

The Department of Revenue;

The Department of Justice; and

The municipality, if any, in which the property to which the surplus relates is located.

Each notice shall include:

At the top of the notice in capital letters, in at least 14-point type, the following language:

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NOTICE: YOU ARE ENTITLED TO A REFUND OF MONEY HELD BY THE COUNTY. TO RECEIVE MORE INFORMATION AND ASSISTANCE, CONTACT THE OREGON STATE TREASURY AT (ADDRESS) (PHONE NUMBER). THERE ARE GOVERNMENT AGENCIES AND NONPROFIT ORGANIZATIONS THAT CAN GIVE YOU INFORMATION ABOUT FORECLOSURE AND HELP YOU DECIDE WHAT TO DO. FOR GENERAL INFORMATION AT NO COST TO YOU, CONTACT A CERTIFIED HOUSING COUNSELOR. YOU CAN FIND A HOUSING COUNSELOR NEAR YOU AT HTTPS://WWW.HUD.GOV/STATES/ OREGON#HOME OWNERSHIP. YOU MAY ALSO WANT TO TALK TO A LAWYER. YOU CAN REACH THE OREGON STATE BAR’S LAWYER REFERRAL SERVICE AT 800-452-7636 (TOLL-FREE IN OREGON) OR VISIT THE WEBSITE AT WWW.OSBAR.ORG. FREE LEGAL ASSISTANCE MAY ALSO BE AVAILABLE TO INDIVIDUALS WITH LOW INCOMES. FOR MORE INFORMATION AND A DIRECTORY OF LEGAL AID PROGRAMS, GO TO WWW.OREGONLAWHELP.ORG.

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The following information in clear and understandable terms:

The amount of the surplus that the county has determined is owed to the claimant;

An explanation of who may be a claimant;

An explanation of the process by which a claimant may file a claim under ORS 312.540;

The claimant’s right to seek a writ of review of the surplus from the county circuit court under ORS 34.010 to 34.100 and the deadline for filing for the writ; and

A referral, in the five most commonly spoken languages in this state other than English listed by the Secretary of State pursuant to ORS 251.167, to the website of the Unclaimed Property program of the State Treasury at https://unclaimed.oregon.gov for a translation of the notice into those languages. The translated referral shall include the statement, “This is a notice about important rights related to your property.”

Publication of an available surplus, a description of the property to which the surplus relates, the names of the claimants and information about the process by which a claimant may file a claim under ORS 312.540 shall be made available on the websites of the state and the county in which the property is located.