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Oregon uses which security instrument?

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Question & Answer

Review the question and all answer choices

A

Mortgages only

While mortgages are legally permissible in Oregon, they are rarely used in practice because they require judicial foreclosure β€” a court-supervised process that is far slower and more expensive than the non-judicial trustee's sale available under a deed of trust; saying Oregon uses 'mortgages only' is factually incorrect.

B

Trust deeds (deeds of trust)

Correct Answer
C

Both equally

Although both instruments are technically legal in Oregon, deeds of trust are so overwhelmingly preferred by lenders due to the non-judicial foreclosure advantage that saying they are used 'equally' misrepresents the reality of Oregon's mortgage lending market.

D

Land contracts only

Land contracts (also called contracts for deed or installment sales contracts) are a specific seller-financing arrangement where the seller retains title until the buyer completes all payments; while they exist in Oregon, they are a niche instrument and are not the state's primary security instrument for conventional or FHA/VA lending.

Why is this correct?

Oregon is a deed of trust state, and ORS Chapter 86 governs trust deeds and the non-judicial foreclosure process, which requires only approximately 120 days from notice of default to trustee's sale, compared to the 18+ months a judicial foreclosure might take. When an Oregon homebuyer takes out a mortgage loan, the lender's attorney typically prepares a trust deed rather than a mortgage instrument, with a title company or attorney serving as trustee. This is the standard practice across Oregon's lending industry and is the instrument that title companies, escrow officers, and real estate agents encounter in virtually every residential transaction.

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