Chapter 580 Oregon Laws 2007
AN ACT
SB 345
Relating to execution sales; creating new provisions; and amending ORS
18.875, 18.930 and 18.970.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 18.875 is amended to read:
18.875. (1) The judgment
creditor shall provide instructions to the sheriff with a writ of execution.
The instructions must be signed by the judgment creditor or the judgment
creditor’s attorney. The instructions may be delivered to the sheriff after the
writ is delivered to the sheriff. The instructions must include:
(a) The names and
addresses of the judgment creditor and all debtors to whom notice must be given
under ORS 18.888;
(b) The names and
addresses of any other persons to whom notice must be given under ORS 18.918;
(c) A description of any
personal property to be levied on;
(d) A street address or
other description of the place where any tangible personal property may be
found;
(e) A legal description
for any real property or interest in real property to be levied on;
(f) A statement
indicating whether any property to be levied on is residential property as
defined by ORS 18.901;
(g) A statement
indicating whether any condominium unit, manufactured dwelling or floating
home to be levied on is inventory held for sale or lease in the regular course
of business; and
(h) A statement
identifying [whether] any portion of
the property to be levied on that is intangible personal property, and
any special instructions required to implement an order entered pursuant to ORS
18.884.
(2) If instructions to
the sheriff direct the sale of tangible personal property, the judgment
creditor may request in the instructions that the property not be seized by the
sheriff and that the property be secured in the manner provided by ORS 18.880.
The instructions may request that the property be rendered temporarily
inoperable, and the manner in which the property should be rendered inoperable.
(3) If a judgment
creditor seeks sale of real property under a writ of execution and the real
property has a street address, the instructions to the sheriff must include the
street address of the real property to be sold. If the real property is
residential property that is subject to ORS 18.904, a copy of the court order
authorizing the sale, or a copy of the judgment directing sale or foreclosure
of the property, must be attached to the instructions.
(4) If a judgment
creditor seeks sale of real property under a writ of execution, the
instructions to the sheriff must direct the sheriff to include the following
notice in conspicuous language in the notice of sale required by ORS 18.924:
____________________________________________________________________________
Before bidding at the
sale a prospective bidder should independently investigate:
(a) The priority of the
lien or interest of the judgment creditor;
(b) Land use laws and
regulations applicable to the property;
(c) Approved uses for
the property;
(d) Limits on farming or
forest practices on the property;
(e) Rights of neighboring
property owners; and
(f) Environmental laws
and regulations that affect the property.
____________________________________________________________________________
[(4)] (5) In addition to the instructions required by this
section, a sheriff may require that a judgment creditor provide all other
instructions as may be necessary to allow the sheriff to levy on and to sell or
deliver property pursuant to a writ of execution.
SECTION 2.
ORS 18.930 is amended to read:
18.930. (1) The sheriff
shall conduct an execution sale by public oral auction. The sale must be
conducted between 9 a.m. and 4 p.m. All property shall be sold by the sheriff
in such parcels as are likely to bring the highest price. Any portion of real
property belonging to a person other than the judgment debtor must be sold
separately if the person requests a separate sale.
(2) At least 10 days
before the date first set for an execution sale, a judgment creditor must
provide the sheriff with any report for real property to be sold at the execution
sale that is in the possession of the judgment creditor and that shows
interests of record in the property. The sheriff shall make the report
available to bidders who appear at the sale. No civil action may be brought
against a title company, the judgment creditor, the sheriff or any other person
by reason of omissions or errors in the report, and the validity of the sale is
not affected by reason of any omissions or errors in the report.
[(2)] (3) A judgment creditor that is a public body, as defined
in ORS 174.109, may set a minimum bid amount for property to be sold at an
execution sale.
[(3)] (4) Tangible personal property to be sold at an
execution sale must be present at the place where the sale is conducted unless
the property is not in the possession of the sheriff.
[(4)] (5) The county may establish a fee to be collected by
the sheriff at the time of sale. The amount of the fee shall be established by
the governing body of the county and may not be greater than the amount
necessary to pay the county for the expenses incurred by the county for giving
notice of the sale and conducting the sale and for the anticipated expenses for
any notices required to be given after the sale and other post-sale
administration of the sale.
[(5)] (6) A person who purchases real property that is
subject to redemption at an execution sale 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 purchaser transfers the purchaser’s interest in
the property, the property is redeemed or the time allowed for redemption
expires, whichever occurs first. Any person who thereafter acquires the
purchaser’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 time allowed for redemption expires,
whichever occurs first.
SECTION 3.
ORS 18.970 is amended to read:
18.970. (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.
(2) If the claimant is a
lien claimant, the notice must reflect the nature of the lien claimant’s
interest and the claimant shall attach to the notice copies of any documents
necessary to establish that interest. If the claimant is a successor in
interest to another person with redemption rights under ORS 18.963, the
claimant shall attach to the notice copies of any documents necessary to
establish how the person acquired the interest. If the claimant claims to have
an interest with a priority that is superior to the interest of the certificate
holder, the claimant shall attach to the notice copies of any documents
necessary to establish that priority.
(3) A redemption notice
must be served by personal service or by first class mail. If the notice is
served by first class mail, service is effective on mailing. A copy of the
notice may be filed with the sheriff before the notice is given to the
certificate holder, but must be filed with the sheriff no later than seven days
before the redemption date specified in the notice. The notice must be served
on the certificate holder not more than 30 days before the payment date
specified in the redemption notice, and:
(a) Not less than 14
days before the payment date specified in the notice, if service is made by
first class mail; or
(b) Not less than seven
days before the payment date specified in the notice, if personal service is
made.
(4) A claimant shall
submit proof of service of the notice required by this section at the time the
claimant pays the sheriff under ORS 18.975.
(5) If a certificate
holder fails to comply with the requirements of ORS 18.930 [(5)] (6) or 18.982, the
certificate holder may not object to a redemption by reason of failure to
receive a redemption notice.
SECTION 4. (1)
The amendments to ORS 18.875 by section 1 of this 2007 Act apply only to writs
of execution issued on or after the effective date of this 2007 Act.
(2) The amendments to
ORS 18.930 and 18.970 by sections 2 and 3 of this 2007 Act apply only to
execution sales conducted on or after the effective date of this 2007 Act.
Approved by the Governor June 25, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
__________