Benton County Finance & Tax – Foreclosed Properties

Foreclosed Property 

Delinquent Taxes and the Foreclosure Process

The Tax Statement each year shows delinquent and current year taxes.

If there is an unpaid balance of taxes for a prior tax year, the payment options listed on the front of the tax statement will include that amount as well as the current year's payment due. The total amount listed in the payment options must be paid in order to take advantage of any applicable discounts. If you would like to pay only the delinquent portion of your bill please contact our office to verify the amount.

FIRST THREE YEARS OF DELINQUENCY

Property taxes may be paid in full by November 15 or in three installments: November 15, February 15, and May 15.  Taxes on real property not paid on or before May 15 of the tax year in which they are billed are delinquent.  For example, taxes billed in October 2017 are delinquent if not paid by May 15, 2018. The first day of delinquency is May 16, 2018.

One year passes on May 16, 2019;
Two years pass on May 16, 2020;
Three years pass on May 16, 2021;

Real Property is subject to foreclosure three years after the first date of delinquency. 

Interest continues to accrue at 1.333% on the 16th of each month.

Personal Property becomes delinquent whenever a trimester payment is not paid on or before its due date (ORS 311.510).  Personal Property is not subject to foreclosure.

FORECLOSURE PROCESS

Real Property is subject to foreclosure, three years after the first date of delinquency. 

Interest continues to accrue at 1.333% on the 16th of each month.

Beginning three years after the first date of delinquency the taxpayer will begin to receive additional notices informing them about the delinquency and the foreclosure process.

1st Notice - After May 15 - Delinquency - Informs taxpayer of the date which foreclosure proceedings will begin.
2nd Notice - After June 15 - Courtesy - Informs taxpayer of the required payment dates to avoid publication.
3rd Notice - After July 15 - Foreclosure – Mailed regular and certified 30 days prior to publication, to all properties with 3 years of delinquent tax.

JULY 15 is the last day to pay these taxes with a personal check.

Payments made after this date must be in the form of cash, money order, or cashier's check. No personal or business checks will be accepted.

AUGUST 15th is the last day to pay to avoid publication of a delinquent tax in the newspaper, usually the Corvallis Gazette Times.

Publication can be avoided by paying the full tax and interest on the tax year causing the foreclosure.
The last day to pay and avoid the 5% penalty is August 15 by 5:00 p.m. The payment must be delivered by this time, not postmarked. 
The property will be published in the local newspaper unless payment is actually received.
At this date the only acceptable form of payment is cash, money order, or certified funds.

Publication of foreclosed properties will occur in the month of August.  A penalty of 5% will be assessed on the total amount published (all delinquent taxes plus interest). Publication includes the name of the property owner, contract buyer, property identification, tax years of delinquency, amount of tax and interest.  At the time of publication, an Application for General Judgment is filed with the Circuit Court.

At any time up until General Judgment is received (approximately 30 days after newspaper publication), the property may still be removed from the foreclosure process by paying the year of taxes and interest that initiated the foreclosure, along with the 5% penalty.

The only acceptable form of payment is cash, money order, or certified funds.

Judgment is granted from the Circuit Court not less than 30 days after the application for judgment is filed.  After Judgment is secured, all years’ tax, interest, and penalties within the Judgement must be paid to redeem the property from foreclosure.

If you believe your property should not be part of the foreclosure process, you must file your answer with the court within 30 days of publication.

Two Year Redemption Period

Once the Circuit Court grants the General Judgment, the two-year redemption period begins.

To release your property during this period you must pay:

Taxes and interest for all years shown in the Judgment.
The 5% penalty.
9% interest annually on the judgment amount.
Any fee for a Lien and Encumbrances Report completed during the second year.
Partial payments cannot be accepted.

Only the following can redeem the property:

Person(s) with recorded legal interest in the property at the date of judgment.
An heir or devisee of person(s) with a legal interest in the property.
A holder of a lien of record on the property (i.e. Mortgage Company).

During the two-year redemption period no value or name change should occur.  The owner listed in the judgment has the right of possession during the redemption period.  If the property is damaged or destroyed in any way during the period of redemption, it may be immediately acquired by the tax collector.

NOT LATER THAN ONE YEAR BEFORE THE REDEMPTION PERIOD EXPIRES: Notification is sent to all person(s) with a legally recorded interest in the property. The tax collector is responsible for providing this notice, by regular and certified mail, noting the date the period of redemption will end. Title companies provide reports to identify the lien holders that are notified. Actual cost of the litigation reports will be charged to the property.

County Acquires Deed

At the end of the two year redemption period, the Tax Collector deeds the property to the county, at which time all taxes, interest, and penalties are canceled.  Once the property has been deeded to the county, the taxpayer's ownership, as well as any vested interest holder rights, are terminated. Once acquired, the property becomes part of the county's land and can be sold at public auction to the highest bidder. 

There are some circumstances where the county can accelerate the redemption period.

For any other questions regarding the foreclosure process contact the tax department by phone at 541-766-6808 or by email at debbie.bauer@co.benton.or.us

 AT THIS TIME, BENTON COUNTY HAS NO PROPERTY AUCTIONS SCHEDULED

 

Benton County Tax Collector
4077 SW Research Way
P.O. Box 964
Corvallis, OR 97339
Phone: 541-766-6808