The Oregon Homestead Exemption has been interpreted broadly by state and federal courts. Even a mandatory security deposit has been found to qualify for exemption under ORS 18.395 and 18.402. In a memorandum opinion by Judge Albert Radcliffe entered February 9, 2011, the court rejected the prepayment of $3,900 in rent as exempt under ORS 18.395. In an unfortunate sidenote, Judge Radcliffe passed away just 10 days later at the age of 63.
Debtors often ask us what will happen to their home if they file for bankruptcy protection. Fortunately, federal bankruptcy law and most states provide for what is often called a “homestead exemption”. A homestead exemption acts as a shield against the claims of certain creditors. It does this by protecting up to a specific dollar amount in real property. Homestead exemptions are particularly important for debtors with equity in their home. On the other hand, where a consensual lien on real property, such as a mortgage, exceeds the home’s value, the homestead exemption does not apply since there is usually no equity in the home to protect.
There are certain requirements for the homestead exemption to apply. For instance, the real property typically must be kept as the debtor’s residence. And depending on the state where the debtor resides, the debtor may elect to apply the federal homestead exemption over their state’s homestead exemption. As of April 2010, the federal homestead exemption was $21,625. Federal exemptions are not generally available to Oregon residents. However, Oregon has protected much more home equity for its residents.