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Assessor raises procedural questions about HB2039 and lien‑holder searches
Summary
Assessor Linda Hopper asked whether HB2039 requires lien‑holder searches and if the Assessor's Office may perform them in‑house (without guaranteeing title) to save cost; counsel and commissioners noted statutory ambiguity and recommended legal review.
Assessor Linda Hopper told commissioners she is reviewing how HB2039 affects foreclosure processing and whether lien‑holder searches could be completed inside the Assessor’s Office to reduce expenses.
Hopper said the key question is who must perform lien‑holder searches and whether the county could do them in‑house if it clearly discloses it will not guarantee title search results. She told the board she had asked legal counsel whether performing the searches in the Assessor’s Office would constitute due diligence and said she was waiting for a formal response.
Commissioner James Williams observed the Oregon Revised Statutes appear to conflict on this point and said the county would likely need counsel to resolve the issue; Hopper suggested proceeding with the oldest foreclosure as a test while legal questions are resolved.
