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 1316
B-Engrossed
Senate Bill 345
Ordered by the House June 5
Including Senate Amendments dated May 4 and House Amendments
dated
June 5
Sponsored by Senator PROZANSKI (at the request of Roy Crump)
(Presession filed.)
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.
{ - Requires that notice of execution sale of real property
identify all other interests of record in property. Requires
judgment creditor to provide sheriff with title report that shows
all interests of record in property. Requires sheriff to make
title report available to bidders who appear at sale. - }
{ + Requires judgment creditor who seeks sale of real
property to instruct sheriff to include warning to prospective
bidders in notice of sale relating to investigation of priority
of judgment creditor's interest and possible limitations on use
of property. Requires judgment creditor to provide sheriff with
any report for real property to be sold at sale that is in
possession of creditor and that shows interests of record in real
property. + }
A BILL FOR AN ACT
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. + }
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