74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 302
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)
CHAPTER ................
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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Enrolled Senate Bill 302 (SB 302-A) Page 1
Passed by Senate April 23, 2007
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Secretary of Senate
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President of Senate
Passed by House June 4, 2007
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Speaker of House
Enrolled Senate Bill 302 (SB 302-A) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
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Governor
Filed in Office of Secretary of State:
......M.,............., 2007
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Secretary of State
Enrolled Senate Bill 302 (SB 302-A) Page 3