# ORS § 312.040: 312.040 Notice of proceeding

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.040

## Section

- **Citation:** ORS § 312.040
- **Heading:** 312.040 Notice of proceeding
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 29 / Chapter 312 / Section 312.040

## Text

(1) Notice of each foreclosure proceeding shall be given by publication and by both certified and regular first class mail as provided in this section:

(a) Notice shall be given by one publication of the foreclosure list in a newspaper of general circulation in the county, to be designated by the county court or board of county commissioners. The price charged by the newspaper shall be at the legal rate as provided by law. A copy of the newspaper notice shall be mailed by the county to each incorporated city in the county.

(b) In addition, notice of the foreclosure proceeding shall be sent by certified and regular first class mail to the owner or owners, as shown in the county deed records, of each property included on the foreclosure list at the address or addresses as reflected in the county records under ORS 93.260 (Tax statement information required in conveyancing instrument) , 311.555 (Property owners to furnish addresses) or 311.560 (Noting address on tax roll) .

(2) Each notice given under subsection (1) or (4) of this section shall identify the particular property or properties that is the subject of the notice.

(3) All persons owning or claiming to own, or having or claiming to have, any interest in any property included in the foreclosure list are required to take notice of such proceeding and of all steps thereunder.

(4) If it is deemed expedient to do so, notice of the institution of the foreclosure proceeding may be given by personal service. Notice by personal service shall be in lieu of service by publication and certified and regular first class mail required by subsection (1) of this section as to the defendant or defendants so served, and it shall not be necessary to include in the publication of the foreclosure list the names of such defendants or the descriptions or other matters relating to their respective properties. [Amended by 1957 c.68 §1; 1983 c.657 §9; 1985 c.613 §29; 1987 c.311 §4]

Source: Section 312.040 — Notice of proceeding; service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors312.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 312.005 312.005 “District attorney” described](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.005.md)
- [ORS § 312.010 312.010 When real property subject to tax foreclosure](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.010.md)
- [ORS § 312.020 312.020 Supervision by Department of Revenue](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.020.md)
- [ORS § 312.030 312.030 Annual foreclosure list](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.030.md)
- [ORS § 312.040 312.040 Notice of proceeding](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.040.md)
- [ORS § 312.050 312.050 Instituting foreclosure proceedings](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.050.md)
- [ORS § 312.060 312.060 Application for judgment foreclosing lien](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.060.md)
- [ORS § 312.070 312.070 Answer and defense to application by person interested](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.070.md)
- [ORS § 312.080 312.080 Summary hearing](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.080.md)
- [ORS § 312.090 312.090 Judgment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.090.md)
- [ORS § 312.100 312.100 Order for sale of properties to county](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.100.md)
- [ORS § 312.110 312.110 Removal of property from foreclosure proceedings](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.110.md)
- [ORS § 312.120 312.120 Period during which property held by county](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.120.md)
- [ORS § 312.122 312.122 Reduced redemption period when property subjected to waste or abandonment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.122.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.040. Check the current official text before relying on it. Not legal advice.