74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 683
 
                           A-Engrossed
 
                         Senate Bill 302
                 Ordered by the Senate April 18
           Including Senate Amendments dated April 18
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon State Bar Debtor/Creditor Section)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Allows judicial sale of property to occur after death of
property owner if sale is pursuant to judgment of foreclosure and
sale.
 
                        A BILL FOR AN ACT
Relating to judgments of foreclosure and sale; creating new
  provisions; and amending ORS 18.312.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 18.312 is amended to read:
  18.312.  { + (1) Except as provided in subsection (2) of this
section, + } execution   { - shall not issue - }  { +  may not be
issued + } against the property of a deceased party  { - , but
such judgment shall be paid as - }  { + . Except as provided in
subsection (2) of this section, a judgment against a deceased
party may be collected only by making + } a claim against the
estate of the deceased party in the manner prescribed by ORS
chapter 115 or ORS 114.505 to 114.560.
   { +  (2) This section does not prevent the issuance of
execution and sale of property pursuant to a judgment of
foreclosure and sale of property of the decedent. If the amount
realized from the sale of property is not sufficient to satisfy
the judgment and collection of the deficiency is otherwise
allowed by law, the amount of the deficiency may be collected by
making a claim against the estate in the manner prescribed by ORS
chapter 115 or ORS 114.505 to 114.560. + }
  SECTION 2.  { + The amendments to ORS 18.312 by section 1 of
this 2007 Act apply to all decedents, whether dying before, on or
after the effective date of this 2007 Act. + }
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