Oregon Law
Law as of Jan 1, 2026
Chapter contents
88.010Foreclosure of lien by suit; judgment for amount of debt; other remedies; requirements for complaint in proceeding to foreclose residential trust deed; stay 88.020Joinder of foreclosure suit involving real property with suit to quiet title 88.030Other lienholders and debtors as defendants; effect of failure to redeem 88.040Foreclosure suit during and after action for debt 88.050Judgment foreclosing more than one lien on same property 88.060Enforcement of judgment 88.070[Amended by 2003 c.576 §349; 2007 c.166 §15; 2009 c.883 §3; renumbered 88.103 in 2013] 88.075[1975 c.618 §6; repealed by 2007 c.166 §17] 88.080[Amended by 1979 c.284 §91; 2003 c.576 §350; 2005 c.22 §56; 2005 c.542 §§68a,68b; 2005 c.568 §39; renumbered 88.106 in 2013] 88.090Judgment when debt payable in installments 88.100Payment of amount due before foreclosure sale; judgment for payment of installment not due 88.103Sale of real property after mortgage foreclosure 88.106Sale and redemption; effect of sheriff’s deed 88.110Duration of real property mortgage lien; when suit for foreclosure barred 88.120When foreclosure not barred by ORS 88.110 88.710“Lien” defined 88.720Acquisition, administration and disposal by state of property subject to lien held by state 88.730[1959 c.499 §3; 1963 c.578 §4; repealed by 1967 c.211 §7 (88.740 enacted in lieu of 88.730)] 88.740Investment of surplus moneys in Oregon War Veterans’ Bond Sinking Account

Chapter 88 — Foreclosure of Mortgages and Other Liens

ORS 88.040 Foreclosure suit during and after action for debt

During the pendency of an action for the recovery of a debt secured by any lien mentioned in ORS 88.010, a suit cannot be maintained for the foreclosure of the lien, nor thereafter, unless judgment is given in such action that the plaintiff recover the debt or some part thereof, and an execution thereon against the property of the defendant is returned unsatisfied in whole or in part.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.