(1) The Department of Revenue shall have a lien against the tax deferred property for the payment of the deferred taxes plus interest thereon. The liens for deferred taxes shall attach to the property on July 1 of the year in which the taxes were assessed. The deferred property tax liens shall have the same priority as real property tax liens except that the lien of mortgages or trust deeds which are recorded prior in time to the lien for deferred taxes under ORS § 311.740 to 311.780 shall be prior to the liens for deferred taxes.

Terms Used In Oregon Statutes 311.771

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(2) The lien may be foreclosed by the department as if it were a purchase money mortgage under ORS Chapter 88. The court may award reasonable attorney fees to the prevailing party in a foreclosure action under this section.

(3) Receipts from foreclosure proceedings and from voluntary payments for deferred taxes shall be paid by the department to the General Fund. [1977 c.695 § 7; 1981 c.897 § 48; 1995 c.618 § 66]