Chapter 18 — Chapter 18

ORS 18.964 Time for redemption. (1) Except as otherwise provided in ORS 18.960 to 18.985, the ability of a judgment debtor to redeem property sold at an execution sale expires unless the judgment debtor redeems the property within 180 days after the date of sale

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ORS 18.965 Notice to seller before end of redemption period. (1) If a person purchases residential real property after a complaint has been filed to foreclose a lien on the real property and before the end of the redemption period provided under ORS 18.964, the purchaser shall provide the following notice in clear and conspicuous type, 14-point or larger, to the seller before purchasing the real property

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ORS 18.966 Redemption amount payable to purchaser. Subject to ORS 18.968, a claimant may redeem property from the purchaser at an execution sale by paying to the sheriff

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ORS 18.967 Redemption amount payable to redemptioner. Subject to ORS 18.968, a claimant may redeem property from a redemptioner by paying to the sheriff

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ORS 18.968 Setoff for rents, income and profits realized by certificate holder; certificate holder’s lien for crops and amounts expended to prevent waste. (1) A judgment debtor is entitled to a setoff against the amounts required to redeem property sold at an execution sale for all rents, income and profits realized by the certificate holder from the property

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ORS 18.970 Redemption notice. (1) A claimant who wishes to redeem property must serve the certificate holder with a redemption notice. The notice must specify a date and approximate time when the claimant will make payment to the sheriff, the redemption amount calculated by the claimant and the manner in which the redemption amount was calculated. The notice must include a mailing address for the claimant. The date of the redemption must be a weekday that is not a legal holiday. The time of the redemption must be between the hours of 9 a.m. and 4 p.m. The notice must inform the certificate holder if an accounting under ORS 18.980 is required

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ORS 18.971 Objection to redemption notice. (1) A certificate holder may object to a redemption notice if the certificate holder asserts that the claimant is not eligible to redeem. An objection under this section must be filed with the court administrator, filed with the sheriff and mailed by first class mail to the claimant before the payment date specified in the notice

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ORS 18.972 Response to redemption notice. (1) A certificate holder shall respond to a redemption notice if

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ORS 18.973 Objection to response. (1) A claimant may object to the amount claimed in the response as the proper redemption amount. An objection under this section must be filed with the court administrator and mailed by first class mail to the certificate holder within seven days after the response is served under ORS 18.972

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ORS 18.975 Payment of redemption amount. (1) Except as provided in ORS 18.980 (2) and (4), unless a certificate holder has indicated a lower redemption amount in the certificate holder’s response under ORS 18.972, a claimant shall pay the sheriff at least the redemption amount specified in the notice on or before the payment date specified in the redemption notice. If the claimant does not make payment as required by this subsection, the redemption notice is of no effect

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ORS 18.978 Court proceedings on objections. (1) If an objection is filed under ORS 18.971 or 18.973, the sheriff shall transmit to the court administrator copies of all records relating to the sale that are within the sheriff’s possession

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ORS 18.980 Accounting. (1) A judgment debtor may require that a certificate holder provide an accounting under this section by including a request for an accounting in the redemption notice. If a redemption notice includes a request for an accounting, the certificate holder shall attach an accounting to the response given under ORS 18.972. The accounting must reflect

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ORS 18.981 Manner of payment. (1) Except as provided in this section, a sheriff shall accept as payment from a claimant a cashier’s check or cash. Except as provided in this section, a sheriff shall accept any combination of cashier’s checks or cash that is adequate to pay the redemption amount

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ORS 18.982 Redemptioner must provide sheriff with address. A redemptioner must provide the sheriff with an address to which a redemption notice may be sent and must notify the sheriff of any change in address until the redemptioner transfers the redemptioner’s interest in the property, the property is redeemed or the expiration of the time allowed for another redemption, whichever occurs first. Any person who acquires the redemptioner’s interest in the property must notify the sheriff of the transfer, provide the sheriff with an address to which a redemption notice may be sent, and notify the sheriff of any change in address until there is a another transfer, the property is redeemed or the expiration of the time allowed for another redemption, whichever occurs first. [2005 c.542 §46a]

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ORS 18.983 Court may restrain waste. Upon motion of a claimant, or a certificate holder who is not in possession of the property, the court may restrain waste of the real property sold at an execution sale. A person in possession of the real property does not commit waste of the property by continuing to use the property in the same manner in which the property was used before the execution sale, by engaging in the ordinary course of husbandry on the property or by making necessary repairs to buildings. [2005 c.542 §47]

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ORS 18.985 Sheriff’s deed. (1) Unless the property is redeemed by the judgment debtor, upon request of the certificate holder and payment of the fee required by ORS 21.300 (1)(c), the sheriff shall execute and deliver a deed for real property sold at an execution sale. The deed shall convey the property to the certificate holder. The deed shall be delivered to the certificate holder as soon as possible

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ORS 18.986 Manufactured dwellings and floating homes. (1) Except as provided in subsection (2) of this section, a manufactured dwelling or floating home must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993 if the real property upon which the manufactured dwelling or floating home is located is to be sold at the execution sale

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ORS 18.987 Purchaser’s interest in land sale contract; leasehold interest in land with unexpired term of more than two years. (1) Except as provided in this section, a purchaser’s interest in a land sale contract, as defined by ORS 18.960, or a leasehold interest in land with an unexpired term of more than two years must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993

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ORS 18.988 Seller’s right to receive payments under land sale contract. (1) Except as provided by this section, the right of a seller to receive payments under a land sale contract, as defined by ORS 18.960

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ORS 18.989 Equitable interests in property. (1) Except as provided in subsection (3) of this section, an equitable interest in property may be sold pursuant to a writ of execution only if

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ORS 18.992 Referral of disputes to court. If at any time a judgment debtor, judgment creditor, purchaser or lien claimant objects to the performance by a sheriff of any duty imposed on the sheriff under ORS 18.860 to 18.993, the sheriff may give written notice of the objection to the court and request that the court resolve the dispute. If written notice is given to the court under this section, the court shall resolve the dispute and provide such additional instructions to the sheriff as may be necessary. [2005 c.542 §53]

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ORS 18.993 Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure. Nothing in ORS 18.860 to 18.993 affects the ability of a court to direct seizure of property under ORS 18.268 (2). [2005 c.542 §54]

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ORS 18.995 Owner not allowed to neglect foreclosed residential real property; local government to notify owner of violation; lien for unreimbursed costs. (1) As used in this section

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ORS 18.999 Recovery of amounts related to attempts to recover debt or enforce judgment. This section establishes the right of a plaintiff to recover amounts related to a plaintiff’s attempts to recover a debt under ORS 18.854 or to enforce a judgment and establishes procedures for that recovery. The following apply to this section

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