Crook County staff propose draft order to align foreclosure procedures with House Bill 2089

County staff presented a draft order to the Crook County Board of Commissioners intended to align the countys foreclosure process with recent changes in state law under House Bill 2089.

An unidentified county staff member explained the draft order would document how the county intends to follow the new statutory requirements. "The purpose again is to conform to those new requirements," the presenter said, describing scenarios in which the county may have to hold foreclosed properties for extended periods and the administrative steps the new process requires.

The presenter described trade-offs under the new system: counties are still able to retain foreclosed properties for public purposes, but doing so can create additional administrative tasks such as locating heirs, calculating surplus proceeds, and potentially facing litigation over valuation and distribution of funds. The staff said counties are generally incentivized to sell properties to return them to the tax rolls but that retention for public purposes is permitted with additional documentation and checks.

Commissioners discussed whether the county could hold a property indefinitely or improve it before resale; staff said retention is allowed but could invite disputes over value. Staff recommended developing a standard operating procedure to track and account for county expenses related to foreclosed parcels so the county can substantiate cost recovery.

Staff said they will follow up with county administrative staff to place the draft order on the Feb. 18 meeting agenda for formal adoption. If issues arise before then, the item will be revised and brought to a regular meeting for approval at a later date. No formal vote was taken at the Feb. 11 work session.