74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to A-Eng. SB 345
 
LC 1316/SB 345-A7
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 345
 
                    By COMMITTEE ON JUDICIARY
 
                             June 5
 
  On page 1 of the printed A-engrossed bill, line 2, delete '
18.924,'.
  On page 2, delete lines 8 and 9 and insert:
  ' (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.
' ____________________________________________________________ '.
  Delete lines 13 through 40.
  In line 41, delete '3' and insert '2'.
  On page 3, delete lines 1 through 4 and insert:
  ' (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.'.
  In line 22, delete '4' and insert '3'.
  On page 4, delete lines 7 through 10 and insert:
  '  { +  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. + } ' .
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