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Oregon HOA Foreclosure Timeline Calculator — 180-Day Trust-Deed Notice (ORS 86.764)

Project the procedural timeline of an Oregon HOA / condominium assessment-lien foreclosure under PCA ORS 94.709(8) (planned community) or Condo Act ORS 100.450(8) (condominium), proceeding nonjudicially under the Oregon Trust Deed Act (ORS 86.705-86.815) or judicially under ORS Chapter 88. Models the ORS 86.752 notice of default, the ORS 86.764 180-day notice-of-default-to-sale window with 120-day notice-of-sale period, the ORS 86.778 cure cutoff 5 days before sale, the ORS 86.755(2) postponement window up to 180 days, and the ORS Chapter 105 forcible-entry-and-detainer remedy for non-vacating former owners. Returns the recommended demand-letter and lien-recording dates, the earliest permissible sale date, the recommended notice-of-sale recording date, and the cure cutoff date.

Calculator

Adjust the inputs below; the result updates instantly.

Delinquency

ISO date of the first assessment the owner missed. Drives the days-delinquent count and the recommended demand-letter and lien-recording dates. Pull from the association's accounting ledger.

Nonjudicial foreclosure

ISO date the trustee recorded the ORS 86.752 notice of default with the county recorder. Leave blank if not yet recorded. The earliest permissible sale date is 180 days after this date under ORS 86.764.

ISO date of the targeted or scheduled trustee sale. Leave blank to project the earliest permissible date as notice-of-default + 180 days under ORS 86.764. Used to compute the notice-of-sale recording recommendation and the cure cutoff.

Election

Election under Oregon law: NONJUDICIAL FORECLOSURE under the Oregon Trust Deed Act (ORS 86.705-86.815) or JUDICIAL FORECLOSURE under ORS Chapter 88. Nonjudicial is permitted only if the declaration authorizes trust-deed foreclosure under PCA ORS 94.709(8) or Condo Act ORS 100.450(8). Many modern Oregon HOA declarations include the nonjudicial authorization because it is materially faster and cheaper than judicial foreclosure, and the trustee sale is FINAL on the sale date (no redemption right). Read the declaration's foreclosure-method clause before electing.

Reference

ISO date used as "today" for the days-delinquent and posture outputs. Defaults to today if blank. Surfaced as an input so an attorney drafting a memo against a past timeline can compute the deadline deterministically.

Procedural posture

PRE-NOTICE OF DEFAULT — demand window passed; notice not recorded
Days delinquent
288
Recommended demand-letter date
2025-09-30
Recommended lien-recording date
2025-10-30
Earliest permissible sale date (notice of default + 180 days)
Not yet computable
Recommended notice-of-sale recording date (sale - 120 days)
Not yet computable
Cure cutoff (sale - 5 days, ORS 86.778)
Not yet computable
Summary
Oregon HOA foreclosure timeline analysis under PCA ORS 94.709(8) (planned community) or Condo Act ORS 100.450(8) (condominium). Election: NONJUDICIAL. Nonjudicial path under the Oregon Trust Deed Act (ORS 86.705-86.815) when the declaration authorizes trust-deed foreclosure; judicial alternative under ORS Chapter 88. Oregon permits the nonjudicial path for HOA liens when the declaration provides trust-deed authority — many modern declarations include this authorization specifically to access the faster trustee-sale process. Posture: PRE NOTICE OF DEFAULT. Days delinquent: 288. Default 2025-08-01. Recommended demand letter by 2025-09-30 (default + 60 days). Recommended lien recording by 2025-10-30 (default + 90 days). Election note: nonjudicial trust-deed foreclosure under ORS 86.778 is FINAL on the sale date — no statutory redemption. Judicial foreclosure under ORS Chapter 88 carries the ORS 18.964 180-day redemption period for the unit owner to redeem after the sale, making judicial foreclosure substantially less attractive for HOAs in most cases. Next action: Demand-letter window passed. If the owner has not cured, instruct counsel to prepare the ORS 86.752 notice of default (nonjudicial) or the ORS Chapter 88 foreclosure complaint (judicial). Election: NONJUDICIAL FORECLOSURE under the Oregon Trust Deed Act (ORS 86.705-86.815) — requires declaration authorization under PCA ORS 94.709(8) or Condo Act ORS 100.450(8). Confirm the declaration authorizes the elected method before proceeding.

Tools to go with this

Need an ORS 86.752 notice of default template or an Oregon trust-deed foreclosure tracker?

Fennec Press's Oregon HOA foreclosure bundle includes the PCA / Condo Act demand-letter template, the ORS 86.752 notice-of-default template with the required content list, the ORS 86.764 notice-of-sale tracker covering the 180-day window and 120-day publication period, the first-mortgagee tender-notice template that perfects the super-priority position, and the post-sale forcible-entry-and-detainer intake checklist under ORS Chapter 105 for owners who do not vacate after the trustee sale.

Open Fennec Press Oregon HOA bundle

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How this calculator works

This calculator projects the procedural timeline of an Oregon HOA or condominium assessment-lien foreclosure under the Planned Community Act (ORS 94.709(8)) or the Condominium Act (ORS 100.450(8)), proceeding either nonjudicially under the Oregon Trust Deed Act (ORS 86.705-86.815) or judicially under ORS Chapter 88. Given the default date, the notice-of-default recording date (if any), the targeted sale date (if any), and the foreclosure election, it returns:

  1. The current procedural posture of the file (pre-default, pre-demand, pre-notice of default, notice of default recorded, notice of sale recorded, or sale completed).
  2. The recommended demand-letter and lien-recording dates based on the default date.
  3. The earliest permissible sale date (notice of default + 180 days under ORS 86.764).
  4. The recommended notice-of-sale recording date (sale - 120 days).
  5. The cure cutoff date (sale - 5 days under ORS 86.778).
  6. A plain-language next-action recommendation tailored to the current posture.

The calculator is designed for the collection-counsel workflow: enter what you know (default date plus any notice dates already recorded), and the calculator tells you what comes next, when it must occur, and what the consequences are if it does not. Use the calculator at file-opening to project the full timeline through trustee sale, at each notice-recording milestone to compute the next deadline, and during settlement discussions to identify the cure-cutoff leverage point.

The relevant ORS Chapter 94 / 100 statute

Oregon HOA foreclosure procedure draws from three statutory sources: the substantive lien-authorization in ORS Chapter 94 (PCA) or ORS Chapter 100 (Condo Act), the procedural mechanics in the Oregon Trust Deed Act (ORS Chapter 86), and the judicial-foreclosure alternative under ORS Chapter 88.

Substantive lien authorization (PCA and Condo Act). ORS 94.709(8) (PCA) and ORS 100.450(8) (Condo Act) both permit the association to foreclose its lien through the same procedures as a mortgage on real property. Under Oregon law that includes the nonjudicial trust-deed path under ORS Chapter 86 when the declaration authorizes trust-deed foreclosure.

Oregon Trust Deed Act — nonjudicial foreclosure. ORS 86.705-86.815 supplies the trustee-sale mechanism:

  • ORS 86.752 — recording of notice of default. The trustee records a notice describing the default, the action required to cure, and the consequences of failure to cure. The notice must contain the statutory content list and be accompanied by an attorney's certificate where required.
  • ORS 86.756 — service requirements. The trustee must mail copies of the notice of default to the grantor (unit owner) and to all junior lienholders. Failure to serve any required party may render the sale voidable.
  • ORS 86.764 — notice of sale. The trustee must record the notice of sale at least 120 days before the sale date, and the notice of default must have been recorded at least 180 days before the sale date. The notice of sale must be published in a newspaper of general circulation in the county and served on the grantor and occupants.
  • ORS 86.778 — sale conduct and cure rights. The grantor and any junior lienholder may cure the default up to 5 DAYS before the scheduled sale by paying the full delinquency, late charges, and trustee fees and costs. If cured, the trustee must discontinue the foreclosure.
  • ORS 86.755(2) — postponement of sale. The trustee may postpone up to 180 days from the originally scheduled date by oral announcement at the original sale time.
  • ORS 86.782 — trustee deed delivery. The trustee delivers the deed promptly after the sale; nonjudicial trustee sales are FINAL on the sale date with no statutory redemption period.

ORS Chapter 88 — judicial foreclosure. The alternative path when the declaration does not authorize nonjudicial foreclosure or when the association elects judicial proceedings. Judicial foreclosure carries the ORS 18.964 180-day redemption period after the sale — a feature that makes judicial foreclosure substantially less attractive for HOAs in most cases.

ORS Chapter 105 — forcible-entry-and-detainer. The post-sale eviction remedy when the former owner or tenant does not vacate voluntarily after a trustee sale.

Oregon-specific gotchas (nonjudicial trust-deed foreclosure permitted, no CAM licensure)

OREGON PERMITS NONJUDICIAL HOA FORECLOSURE WHEN THE DECLARATION AUTHORIZES TRUST-DEED FORECLOSURE. Both PCA ORS 94.709(8) and Condo Act ORS 100.450(8) permit the association to foreclose through the same procedures as a mortgage on real property. Under Oregon law that includes the nonjudicial trust-deed path when the declaration so provides. The first task in every Oregon HOA foreclosure file is to read the declaration's foreclosure-method clause. Many modern declarations include the trust-deed authorization specifically to access the faster path; older declarations may not. Without declaration authorization, the only option is judicial foreclosure under ORS Chapter 88.

THE 180-DAY NOTICE-OF-DEFAULT-TO-SALE WINDOW IS A FUNCTIONAL FLOOR, NOT A TARGET. ORS 86.764 requires at least 180 days between the recording of the notice of default and the trustee sale. In practice the trustee records the notice of default, then 60 days later records the notice of sale (which itself runs 120 days before the sale). The full window from notice of default to sale is therefore 180 days — Oregon collection counsel cannot accelerate this timeline. Add the pre-foreclosure demand-letter and lien-recording windows and a typical Oregon nonjudicial HOA foreclosure runs 8-10 months from the first missed assessment to the trustee sale.

CURE RIGHTS PERSIST UP TO 5 DAYS BEFORE SALE. ORS 86.778 gives the unit owner (and any junior lienholder) the right to cure the default up to 5 DAYS before the scheduled sale. Most trust-deed states cut off cure rights earlier — Washington's RCW 61.24.030 cure period is 30 days after notice of default, with no late-stage cure right. Oregon's late cure right means last-minute cures are common in practice and settlement leverage extends through the final week before sale. The 5-day cutoff is statutory and may not be shortened by the declaration or trustee.

TRUSTEE SALES ARE FINAL — NO STATUTORY REDEMPTION. Unlike judicial foreclosure under ORS Chapter 88 (which carries the ORS 18.964 180-day redemption period), nonjudicial trustee sales are FINAL on the sale date. The former owner has no post-sale right to redeem the property. This is the primary reason many modern Oregon HOA declarations include the trust-deed authorization — it eliminates the redemption window that would otherwise extend the matter another six months under judicial foreclosure.

OREGON DOES NOT LICENSE COMMUNITY ASSOCIATION MANAGERS AT THE STATE LEVEL. There is no CAM credential comparable to Florida's LCAM. Property managers handling trust funds may need an Oregon Real Estate Agency property-manager license under ORS Chapter 696, but no specific community-association management credential exists. The Community Associations Institute (CAI) offers voluntary designations (PCAM, AMS, CMCA), but these are private certifications. The practical effect for foreclosure: collection communications signed by Oregon managers do not carry the regulatory authority that signed Florida LCAM communications carry, and vendor-selection due diligence is more important because there is no state regulatory gateway.

NO STATUTORY CURE PERIOD BETWEEN NOTICE OF DEFAULT AND NOTICE OF SALE. Some states require a 30-day or 60-day formal cure period after the notice of default before the trustee may proceed (e.g. Washington's 30-day cure under RCW 61.24.030). Oregon's notice of default under ORS 86.752 does not trigger a separate cure period — the cure right under ORS 86.778 runs to 5 days before the sale, not from the notice of default. Practical implication: the trustee may record the notice of sale immediately after the notice of default if the trustee chooses, subject only to the 120-day notice-of-sale window.

POST-SALE POSSESSION REQUIRES FED ACTION UNDER ORS CHAPTER 105. If the former owner or any tenant does not vacate voluntarily after the trustee sale, the new owner must commence a forcible-entry-and-detainer action under ORS Chapter 105 to obtain possession. FED actions typically take 14-30 days to judgment. There is no self-help eviction in Oregon.

What this calculator does NOT model

The calculator implements the Oregon HOA / condominium trust-deed and judicial foreclosure TIMELINE math. It does NOT:

  • Compute the lien-priority dollar amounts. Use the companion Oregon HOA assessment-lien super-priority calculator for the six-month super-priority breakdown under ORS 94.709(7) / ORS 100.450(7).
  • Validate the declaration's foreclosure-method authorization. The user must confirm that the declaration authorizes nonjudicial trust-deed foreclosure before electing that path.
  • Model the ORS 86.752 / 86.756 notice-content and service-of-process requirements in detail. Failure to comply with notice content or service may render the sale voidable under ORS 86.797.
  • Compute trustee fees and costs (which under ORS 86.797 are recoverable as part of the foreclosure).
  • Model the bankruptcy-court automatic-stay treatment that halts most HOA foreclosure sales when the owner files Chapter 7 or Chapter 13.
  • Handle the federal Servicemembers Civil Relief Act protections that may apply to active-duty military borrowers.
  • Compute the judicial-foreclosure timeline under ORS Chapter 88 in detail — the calculator surfaces only the judicial vs nonjudicial election and notes the 180-day redemption period under ORS 18.964.
  • Project the post-sale forcible-entry-and-detainer timeline in detail under ORS Chapter 105.

For any consequential foreclosure action, retain Oregon counsel with trust-deed foreclosure experience to oversee the procedural-compliance review. The Oregon Trust Deed Act is technical and the service-of-process requirements are strictly enforced.

Sources

Last reviewed: 2026-05-16 against:

  • ORS 94.709(8) (PCA nonjudicial foreclosure authorization).
  • ORS 100.450(8) (Condo Act nonjudicial foreclosure authorization).
  • ORS 86.705-86.815 (Oregon Trust Deed Act).
  • ORS 86.752 (recording of notice of default).
  • ORS 86.756 (service requirements for notice of default).
  • ORS 86.764 (notice of sale; 180-day notice of default to sale; 120-day notice window).
  • ORS 86.778 (sale conduct and cure rights through 5 days before sale).
  • ORS 86.755(2) (postponement of sale up to 180 days).
  • ORS 86.782 (trustee deed delivery).
  • ORS 86.797 (wrongful-foreclosure liability and trustee fee recovery).
  • ORS Chapter 88 (judicial foreclosure of mortgage liens).
  • ORS 18.964 (180-day redemption period after judicial sale).
  • ORS Chapter 105 (forcible-entry-and-detainer).
  • Oregon State Bar Real Estate and Land Use Section practitioner materials on trust-deed foreclosure.

Yes — when the declaration authorizes trust-deed foreclosure. PCA ORS 94.709(8) and Condo Act ORS 100.450(8) permit the association to foreclose through the same procedures as a mortgage on real property, which under Oregon law includes the nonjudicial trust-deed path under the Oregon Trust Deed Act (ORS 86.705-86.815) when the declaration so provides. Many modern Oregon HOA declarations include the trust-deed authorization specifically to access the nonjudicial path because it is materially faster and cheaper than judicial foreclosure under ORS Chapter 88, and trustee sales are FINAL on the sale date with no statutory redemption period. Older declarations — particularly pre-1990 ones — sometimes lack the authorization. The first task in any Oregon HOA foreclosure file is to pull the recorded declaration and read the foreclosure-method clause.

Resources

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