74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 345
 
LC 1316/SB 345-3
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 345
 
                    By COMMITTEE ON JUDICIARY
 
                              May 4
 
  On page 1 of the printed bill, line 2, delete 'and 18.924 ' and
insert ', 18.924, 18.930 and 18.970'.
  On page 2, line 4, delete 'that' and insert a period.
  Delete line 5.
  In line 13, delete 'that have priority over the lien of the
judgment creditor'.
  After line 37, insert:
  '  { +  SECTION 3. + } 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) A judgment creditor must provide the sheriff with a
title report for any real property to be sold at the execution
sale that shows all interests of record in the property. The
title report must have been issued within 10 days before the date
of the sale. The sheriff shall make the title report available to
bidders who appear at the sale. + }
  '  { - (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 4. + } 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.'.
  In line 38, delete '3' and insert '5'.
  After line 39, insert:
  '  { +  SECTION 6. + }  { + The amendments to ORS 18.930 and
18.970 by sections 3 and 4 of this 2007 Act apply only to
execution sales conducted on or after the effective date of this
2007 Act. + } ' .
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