Oregon Revised Statutes Chapter 86 § 86.774 — Service
Oregon Revised Statutes Chapter 86 ·
Oregon Code § 86.774·Enacted ·Last updated March 01, 2026
Statute Text
Service
and publication of notice; recording proof of compliance.
(1)(a) Except as provided in
paragraph (b) of this subsection, the notice prescribed in ORS 86.771 must be
served upon an occupant of the property described in the trust deed in the
manner in which a summons is served pursuant to ORCP 7 D(2) and 7 D(3) at least
120 days before the day the trustee conducts the sale.
(b)(A) If service
cannot be effected on an occupant as provided in paragraph (a) of this
subsection on the first attempt, the person that attempts to effect service
shall post a copy of the notice in a conspicuous place on the property on the
date of the first attempt. The person that attempts to effect service shall
make a second attempt to effect service on a day that is at least two days
after the first attempt.
(B) If service
cannot be effected on an occupant as provided in paragraph (a) of this
subsection on the second attempt, the person that attempts to effect service
shall post a copy of the notice in a conspicuous place on the property on the
date of the second attempt. The person that attempts to effect service shall
make a third attempt to effect service on a day that is at least two days after
the second attempt.
(C) If service
cannot be effected on an occupant as provided in paragraph (a) of this
subsection on the third attempt, the person that attempts to effect service
shall send a copy of the notice, bearing the word occupant as the addressee,
to the property address by first class mail with postage prepaid.
(c) Service on an
occupant is effected on the earlier of the date that notice is served as
provided in paragraph (a) of this subsection or the first date on which notice
is posted as described in paragraph (b)(A) of this subsection.
(2)(a) Except as
provided in paragraph (b) of this subsection, a copy of the notice of sale must
be published in a newspaper of general circulation in each of the counties in
which the property is situated once a week for four successive weeks. The last publication
must be made more than 20 days prior to the date the trustee conducts the sale.
(b) The copy of
the notice of sale required to be published under paragraph (a) of this
subsection does not need to include the notice to tenants required under ORS
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 86.774
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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