Current through Register Vol. 63, No. 9, September 1, 2024
(1) Delay of
foreclosure is only available for real property. It is not available on
personal property. To qualify for delay of foreclosure, the property owner's
household income must not exceed the limits allowed under ORS
311.668 for the immediately
preceeding calendar year.
(2) When
an application for property tax deferral has been submitted and approved by the
department, the taxpayer is notified of that approval. If prior years' taxes on
the property subject to deferral remain unpaid on the date of approval, the
applicant may apply for a delay of foreclosure by completing the appropriate
application for all years in which unpaid taxes exist and submit that
application to the county assessor, pursuant to ORS
311.693.
(a) Applications are accepted for delay of
foreclosure only for delinquent taxes accumulated for tax years prior to the
tax year for which property tax deferral is sought. An applicant may have
several years' worth of delinquent taxes covered under one or more delays of
foreclosure.
(b) The delay of
foreclosure will remain in effect until the property is disqualified under ORS
311.684, even if the homestead
or taxpayer are inactivated from the deferral program for failure to meet one
or more requirements under another deferral program statute.
Example 1: The taxpayer owed delinquent
property taxes to the county for the 2009/10 tax year. The taxpayer first
applied and was approved for the deferral program in 2010. At that time, the
taxpayer applied for and was approved to have foreclosure delayed for the
2009/10 taxes. The Department of Revenue paid the 2010/11 deferred taxes to the
county. Then, the taxpayer failed to meet the program qualifications for tax
year 2011/12, and was inactivated from the deferral program, which meant that
the department stopped paying property taxes to the county. But the delay of
foreclosure for the 2009/10 taxes remained in effect, because the taxpayer and
the homestead were not disqualified under ORS
311.684. The taxpayer did not
pay the property taxes to the county for the 2011/12, 2012/13, and 2013/14 tax
years. In 2014, the taxpayer reapplied for deferral and was approved for the
property tax deferral program for tax year 2014/15. The taxpayer submitted and
was approved for another delay of foreclosure for the 2011/12, 2012/13, and
2013/14 taxes.
(3) Interest will continue to accrue at the
current county interest rate on any unpaid delinquent taxes covered under the
delay of foreclosure.
(4) When the
property is disqualified from the deferral program for an event listed in ORS
311.684, any deferred taxes plus
interest and fees, along with the full amount of any delinquent taxes and
applicable interest or other charges covered under the delay of foreclosure
become due by August 15 the year following the disqualification.
Example 2: The taxpayer had received a delay
of foreclosure when applying for the Senior Citizen Deferral program. The
account was disqualified on July 15, 2008. The taxpayer has until August 15,
2009 to pay both the amounts due to the county for the delinquent taxes,
interest any other charges that were subject to the delay of foreclosure and
amounts due to the Department of Revenue for the deferred property taxes, and
applicable interest and other charges.
Stat. Auth.: ORS
305.100
Stats. Implemented: ORS
311.691
