Tyler v. Hennepin County
2023U.S. Supreme Court ruling that holding surplus equity from a tax foreclosure is an unconstitutional taking, which prompted Oregon's HB 2089.
OR
Oregon
Tax Deed
Oregon is a tax deed state where counties foreclose on properties three years after taxes become delinquent. Following a two-year redemption period, the county acquires title and may sell the property at public auction. Recent legislation now requires counties to return surplus equity from these sales to the former owner, aligning with federal constitutional requirements.
| Upcoming auctions | 0 |
| Counties covered | 36 |
| Scored properties | 0 |
| Last updated | Apr 15, 2026 |
Quick facts
- Sale type
- Tax deed
- Redemption period
- 2 years post-judgment
- Sale frequency
- Varies by county
- Minimum bid
- Varies by county
- Deed type
- Quitclaim
- Bidder deposit
- Varies by county
- Surplus equity
- Returned to owner
Statutory framework
| Sale Type | Tax Deed |
| Redemption Period | The redemption period is two years from the date of the judgment of foreclosure, applicable to all real property. A reduced period may apply if the property is subjected to waste or abandonment. |
| Penalty / Interest | Redemption requires payment of taxes and interest plus a 5% penalty on the total amount. Interest on the judgment amount accrues at 9% per year. Redemption fees are $50, or the greater of $50 or the actual cost of a title search if redeemed after the certified mail notice of expiration. |
| Jurisdiction Type | County |
| Jurisdiction Count | 36 |
| Typical Sale Month | Varies by county; sales occur whenever the county has acquired property and determines it is ready for sale. |
| Assessor Portal | — |
| GIS Portal | — |
| Tax Portal | — |
Sale mechanics
Auctions are primarily in-person oral auctions at county courthouses, though some counties use online platforms. Bidders must pre-register and may need to provide a deposit in certified funds. Minimum bids vary by county, often based on a percentage of assessed market value or county costs. Full payment in certified funds is typically required on the day of the sale.
Post-sale obligations
The winning bidder receives a Quitclaim Deed after the sale is finalized. Properties are sold 'as is,' and the buyer assumes responsibility for the property immediately upon transfer. The county handles redemption notifications prior to the deed being issued to the county; once the county sells the property, the redemption period has already expired.
Quiet title cost estimator
Estimate attorney and court costs for clearing title after a Oregon tax deed purchase.
Estimated cost$5,000
Timeline9 mo.
Notable counties
Key Oregon counties for tax deed investors.
Multnomah County
Major metro area with high property volume.
Washington County
Known for specific auction procedures and clear online documentation.
Linn County
Provides clear, accessible information on in-person auction procedures.
Recent statutory changes
- HB 2089 (Effective Sept. 26, 2025): Establishes a process for property owners to claim surplus funds remaining after a county sells a tax-foreclosed property, aligning Oregon with the U.S. Supreme Court decision in Tyler v. Hennepin County.
How to bid at a Oregon tax deed auction
Step-by-step process for participating in Oregon tax deed sales.
- 1
Research the catalog
Review the list of properties published by the county.
- 2
Verify property status
Check county records for liens or environmental issues.
- 3
Register with county
Complete the required bidder registration form before the deadline.
- 4
Post the deposit
Provide the required certified funds to receive a bid card.
- 5
Attend the auction
Participate in the oral bidding process at the designated time and place.
- 6
Pay the balance
Submit the remaining purchase price in certified funds as required by the county.
Applicable statutes
Primary statute sections governing tax deed sales in Oregon.
ORS 312.010
Defines when real property is subject to tax foreclosure (three years delinquent).
ORS 312.120
Governs the two-year redemption period and associated costs.
ORS 275.110
Governs the sale of county-owned property acquired by tax foreclosure.
Notable case law
Landmark court decisions affecting Oregon tax deed investors.
Frequently asked questions
Common questions from Oregon tax deed investors.
- It lasts two years from the date of the judgment of foreclosure (ORS 312.120). During this time, the owner or lienholder can pay the taxes, interest, and penalties to reclaim the property.
- While not strictly required by statute, it is highly recommended because title companies often refuse to insure tax-deed properties without one to clear potential clouds (ORS 105.605).
- Risks include potential procedural errors in the foreclosure process and the reluctance of title companies to insure the property, which may necessitate a quiet title action.
- If a challenge is successful due to procedural defects, the sale could be set aside, though Oregon law provides some protections for the county's title (ORS 312.214).
- They are typically in-person, oral auctions held at the county courthouse, though procedures vary by county (ORS 275.110).
- No, properties are sold 'as is,' and there is generally no right to inspect the interior of the property before the auction.
How does Oregon's redemption period work?
Do I need a quiet title action?
What title risks should I know about?
What happens if the former owner challenges a sale?
How are auctions conducted?
Can I inspect properties?
Title Risk Flags
Title companies are often reluctant to insure tax-deed properties for several years post-sale; properties are sold 'as is' without warranty; legal errors in the foreclosure process can leave title clouds.
Data sourced from public state statutes, county recorder offices, and AuctionSift's proprietary county monitoring network. Updated weekly.