Title 130 · ORS Chapter 130

128.292] ����� 130.435 Applicability of time limitations to certain claims based on liens against property and liability of settlor or trustee. The statutes of limitations and time limitations pro

Citation: ORS 128.292

Section: 128.292

128.292]

����� 130.435 Applicability of time limitations to certain claims based on liens against property and liability of settlor or trustee. The statutes of limitations and time limitations provided by ORS 130.350 to 130.450 do not affect:

����� (1) Any proceeding to enforce a mortgage, pledge or other lien upon property of the trust estate;

����� (2) Any proceeding to quiet title or reform any instrument with respect to title to property; or

����� (3) To the limits of the insurance protection only, any proceeding to establish liability of the settlor or the trustee for which the settlor or trustee is protected by liability insurance at the time the proceeding is commenced. [Formerly 128.294]

����� 130.440 Petition to close case. (1) Not earlier than four months after the publication of notice to claimants, or the date on which all claims against the trust estate have been resolved, whichever is later, a trustee that has filed a petition under ORS 130.355 must file a petition to close the case with a statement that all claims received by the trustee have been paid in full or otherwise resolved in the manner required by ORS 130.350 to 130.450. The trustee must attach to the petition an affidavit attesting to compliance with ORS 130.365 and 130.370. The trustee must attach to the affidavit a copy of the notice published under ORS 130.365 and a copy of any notice delivered or mailed under ORS 130.370. The affidavit must attest to the date on which each notice was delivered or mailed, and the name and address of the person to whom each notice was delivered or mailed.

����� (2) Upon the filing of the petition to close the case in compliance with the provisions of this section, the court shall enter an order closing the case. [Formerly