reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.892 - Challenge to writ of execution.

(1) Except as provided in subsection (2) of this section, a judgment debtor may use a challenge to execution form only:
(a) To claim such exemptions under a writ of execution as are permitted by law; and
(b) To assert that the amount specified in the writ of execution as being subject to execution is greater than the amount owed by the judgment debtor under the money award.
(2) A judgment debtor may not use a challenge to execution form to challenge execution on residential property of the debtor as defined by ORS 18.901 if the judgment creditor has obtained an order under ORS 18.904 authorizing the sale or if the judgment directs the sale or delivery of specific property.
(3) Any person other than a judgment debtor who has an interest in any property levied on by a sheriff may assert that interest by delivering a challenge to execution in the manner provided by subsection (4) of this section.
(4) A person may make a challenge to a writ of execution by completing the challenge to execution form provided in ORS 18.896, or a substantially similar form, and by delivering, in person or by first class mail, the original of the completed form to the court administrator for the court identified in the writ of execution and a copy of the challenge to the judgment creditor. Upon receiving a copy of the challenge, the judgment creditor shall promptly notify the sheriff of the challenge.
(5) A challenge to execution must be delivered in the manner provided by subsection (4) of this section within 30 days after the property is levied on as described in ORS 18.878 or before the property is sold on execution, whichever occurs first. [Formerly 18.505; 2007 c.166 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.894 - Notice of challenge to execution.

Without unreasonable delay, a court administrator who has received a challenge to execution under ORS 18.892 shall provide written notice of the challenge to all sheriffs for counties to which writs of execution have been issued and no return made, and to the person that requested issuance of the writ. The notice may include the notice of hearing required by ORS 18.898. [Formerly 18.508]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.898 - Hearing on challenge to execution.

(1) A challenge to execution shall be adjudicated in a summary manner at a hearing before the court with authority over the writ of execution. Upon receipt of a challenge to execution, the court administrator shall immediately set a hearing date and send notice of the hearing to the judgment debtor and the judgment creditor. The hearing shall be held as soon as possible. The sheriff may not sell any property that is described in the challenge to execution until the court has issued a decision on the challenge, and the time for making a return on the writ is suspended until the decision is made or the sale completed, whichever is later. The sheriff shall not delay sale if the judgment debtor has filed the challenge to execution in violation of ORS 18.892 (2).
(2) Hearings on a challenge to execution may be held by telecommunication devices.
(3) The judgment debtor has the burden to prove timely delivery of a challenge to execution under ORS 18.892. [Formerly 18.515]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.899 - Sanctions.

A court may impose sanctions against any person who files a challenge to execution in bad faith. The sanctions a court may impose under this section are a penalty of not more than $100 and responsibility for attorney fees under ORS 20.105. [Formerly 18.518]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.900

[2001 c.249 §81; 2003 c.85 §23; 2003 c.578 §3; 2003 c.663 §3; 2005 c.336 §3; renumbered 18.854 in 2005]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.901 - Definition of residential property.

For the purposes of this section and ORS 18.904, 18.906, 18.908 and 18.912, "residential property" means any of the following property:
(1) Real property on which no more than four units designed to be used as dwellings are located.
(2) A condominium unit that is designed to be used as a dwelling and that is not being held as inventory for sale or lease in the regular course of business.
(3) A manufactured dwelling as defined by ORS 446.003 that is not being held as inventory for sale or lease in the regular course of business.
(4) A floating home as defined in ORS 830.700 that is not being held as inventory for sale or lease in the regular course of business. [2005 c.542 §15]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.904 - Order required for sale of residential property; exceptions.

(1) If the judgment debtor is a natural person, residential property may be sold under a writ of execution only after the entry of a court order authorizing the sale.
(2) This section does not apply to writs of execution that direct the sheriff to sell specific property pursuant to the terms of the judgment.
(3) This section does not apply to a writ of execution issued to enforce a judgment foreclosing:
(a) A construction lien for work, labor or material done or furnished exclusively for the improvement of the property to be sold;
(b) A lawfully executed purchase money lien against the property to be sold; or
(c) A lawfully executed mortgage or trust deed on the property to be sold. [2005 c.542 §16]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.906 - Motion for order authorizing sale of residential property.

(1) A judgment creditor may file a motion with a court requesting an order authorizing the sheriff to sell residential property. The motion must be filed with a court that has authority to issue a writ of execution for the judgment. The motion must include a statement that does all of the following:
(a) Indicates the amount of the money award or money awards, as reflected in the judgment or judgments.
(b) Indicates the amount owing on the money award or money awards on the date the motion is filed.
(c) Indicates whether any of the money awards arise out of an order or judgment for child support as described in ORS 18.398.
(d) Identifies the residential property to be sold by legal description and by street address, if any.
(e) Indicates whether the property is a homestead. If the property is a homestead, the motion must allege facts showing that the homestead may be sold on execution.
(2) A motion under this section must be accompanied by an affidavit disclosing the basis of the allegations contained in the motion. If the judgment creditor relies on more than one judgment to support the order, the motion must be accompanied by copies of all other judgments on which the judgment creditor relies.
(3) A court shall promptly schedule a hearing on a motion filed under this section. In setting the hearing the court shall allow adequate time to allow service on the judgment debtor under ORS 18.908. [2005 c.542 §17; 2011 c.429 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.908 - Notice of motion for order authorizing sale of residential property.

(1) At least 10 days before the hearing on a motion filed under ORS 18.906, the judgment creditor must:
(a) Serve the judgment debtor in the manner provided by ORCP 7 with a copy of the motion and the supporting affidavit, and with a notice of the time and place of the hearing; and
(b) Send a copy of the motion and the notice by first class mail to the property at the mailing address for the property.
(2) The notice required by subsection (1) of this section must be in substantially the following form:
______________________________________________________________________________
NOTICE OF HEARING ON SHERIFF’S
SALE OF YOUR PROPERTY
This is to notify you that _____ has asked the court to order the sheriff to sell property located at _________ to satisfy a judgment against _____.
Before deciding whether to order the sale, the court will hold a hearing on _____, 2___, at ______ a.m./p.m., in Room _____, ______.
The law provides that property is your homestead if the property is actually used as a home by you, your spouse, a dependent parent or a dependent child. If you are temporarily absent from the property but intend to move back in, the property is still your homestead.
The law provides that if the property is your homestead, then $_____ of its value may not be taken to satisfy a judgment against you. In addition, a homestead usually may not be sold to satisfy a judgment for $3,000 or less.
The law provides that property may be sold despite the fact that it is your homestead and all of its value may be taken to satisfy a judgment against you if the judgment is for child support.
IF YOU WISH TO PROTECT THIS PROPERTY FROM A SHERIFF’S SALE, YOU SHOULD COME TO THE COURT HEARING.
IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE.
If you do not own this property, please give this notice and the papers served with it to the owner.
______________________________________________________________________________ [2005 c.542 §18; 2009 c.612 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.912 - Hearing on motion for order authorizing sale of residential property.

(1) Whether or not the judgment debtor appears at the hearing, the court shall inquire as to the facts alleged in a motion filed under ORS 18.906 and make a summary determination on the motion.
(2) The court shall authorize sale of the property pursuant to a motion filed under ORS 18.906 unless the court finds:
(a) That the property is the homestead of the judgment debtor;
(b) That the judgment is subject to the homestead exemption; and
(c) That the amount of the judgment or judgments was $3,000 or less at the time of entry of the judgment or judgments as described in ORS 18.395 (7).
(3) If the court authorizes the sale of residential property, the order must state whether the homestead exemption applies to the property. If the homestead exemption does apply to the property, the order must state the allowed amount of the exemption.
(4) If the court authorizes the sale of residential property, the judgment creditor may recover the costs of service of the motion and notice under ORS 18.908 as part of the costs of the sale. [2005 c.542 §19; 2009 c.612 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.918 - Person entitled to written notice of sale.

(1) A judgment creditor must list in the instructions required by ORS 18.875 the names and addresses of all persons entitled to written notice of the execution sale. For each person listed, the list must include the address last known to the judgment creditor. For all execution sales, the list must include:
(a) The name of the judgment debtor; and
(b) The name of any attorney for a judgment debtor reflected in the judgment document.
(2) If real property is to be sold in the execution sale, the list prepared by the judgment creditor under this section must include the name of each person with one of the following interests in the real property, determined as of a date that is identified by the judgment creditor and that is not more than 10 days before the request for issuance of the writ of execution was filed:
(a) Any person who has a lien of record against the property that attached to the property after the judgment lien attached and before the determination date identified by the judgment creditor.
(b) Any person who has an interest in the property that was acquired from the debtor or any successor to the debtor, and that was recorded after the judgment lien attached and before the determination date identified by the judgment creditor.
(3) Subsection (2) of this section does not apply to a writ of execution requiring the sale of specific real property identified in a judgment of foreclosure or any other judgment directing the sale of specific real property. If a writ of execution is issued pursuant to a judgment in an in rem proceeding, a judgment of foreclosure or another judgment directing the sale of the specific real property, the list prepared by the judgment creditor under this section must contain the names and last known addresses of the persons who were parties to the action at the time of judgment in lieu of the names required under subsection (2) of this section.
(4) Failure to include the name of a person required to be listed under this section does not affect the validity of an execution sale or in any way give that person any right to challenge the sale of the property. By submitting the instructions to the sheriff, a judgment creditor certifies that the list of persons reflected in the instructions complies with this section, and the failure to include the name of any person as required by this section is subject to sanction under ORCP 17. [2005 c.542 §20]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.920 - Notice of sale of personal property.

(1) Before conducting an execution sale of personal property, a sheriff shall give written notice of the sale in the manner provided by this section. The notice must identify the property to be sold and the time and place of the sale.
(2) Before any execution sale of personal property, the sheriff shall:
(a) Mail copies of the notice of sale by first class mail and by certified mail, return receipt requested, to the judgment debtor at the address provided in the instructions to the sheriff; and
(b) Mail a copy of the notice of sale by first class mail to any attorney for the judgment debtor identified in the instructions at the address provided in the instructions to the sheriff.
(3) The notices required by subsection (2) of this section must be mailed not less than 10 days before an execution sale is conducted.
(4) The sheriff shall post a notice of the sale in three public places in the county in which the sale is to take place. The notice must be posted not more than 20 days before the date of sale identified in the notice of sale and not less than 10 days before that date.
(5) In lieu of posting notice under subsection (4) of this section, a sheriff shall give notice of an execution sale by Internet posting if the judgment creditor requests that posting in the instructions given to the sheriff under ORS 18.875 and a website has been established under ORS 18.926 for the purpose of giving legal notices under ORS 18.860 to 18.993. Subject to ORS 18.926 (3), the notice must be posted on the Internet not less than 10 days before the date identified in the notice of sale and remain posted until that date. [2005 c.542 §21; 2009 c.835 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.922 - Expedited sale of perishable personal property; expedited sale to prevent loss of value.

(1) Notwithstanding ORS 18.920, if perishable personal property is levied on by a sheriff:
(a) The notices required by ORS 18.920 (2) must be mailed by express mail not less than 48 hours before the execution sale is conducted; and
(b) The sheriff shall post notice of the sale in the manner required by ORS 18.920 (4) or (5) not less than 48 hours before the execution sale is conducted.
(2) In lieu of conducting an expedited sale under subsection (1) of this section, a judgment creditor or a sheriff may seek an ex parte order from the court directing the manner of conducting an expedited sale to prevent loss of value. An order issued under this section may modify or eliminate any of the requirements of ORS 18.920. If an ex parte order is entered under this subsection at the request of the judgment creditor, the judgment creditor must provide a copy of the order to the sheriff. [2005 c.542 §22]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.926 - Legal notices website; posting fee.

(1) The elected sheriffs of this state shall establish and maintain a website where legal notices under ORS 18.860 to 18.993 may be posted. The sheriffs may enter into an intergovernmental agreement for establishing and maintaining the website.
(2) An intergovernmental agreement entered into under this section may establish fees for posting legal notices on a website maintained under this section.
(3) For the purpose of determining whether a legal notice has been posted for the period of time required by law, an interruption of service of a website maintained under this section that does not exceed 48 hours does not affect the continuity of the posting. An interruption of service of a website maintained under this section does not prevent the sheriff from conducting an execution sale unless the court orders otherwise. [2005 c.542 §24; 2009 c.835 §4; 2011 c.195 §13; 2013 c.464 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.932 - Postponement of sale; rules.

(1) A sheriff may postpone an execution sale to a specified date if:
(a) The sheriff is unable to conduct the sale at the place and time specified in the notice of the sale;
(b) The sheriff considers it appropriate to postpone the sale for want of purchasers; or
(c) For other sufficient cause.
(2) A sheriff shall postpone an execution sale to a specified date upon the request of a judgment creditor. The sheriff may not postpone the execution sale to a date later than the final date for return on the writ of execution under ORS 18.872.
(3) If possible, the sheriff shall make a public announcement of a postponement at the time and place scheduled for the sale.
(4) An execution sale may be postponed more than one time under the provisions of this section. An execution sale may not be postponed beyond the date that a return on the writ is due. If the judgment creditor requests a postponement to a specified date, and the date is more than 60 days after the sheriff received the writ, the request for a postponement of the sale automatically operates as a request for an extension of the time for a return on the writ of execution under ORS 18.872 (1), and the return on the writ is due three business days after the date specified by the judgment creditor for the sale.
(5) The sheriff need not give additional notice of sale in the manner provided by ORS 18.918, 18.920, 18.922 or 18.924 by reason of a postponement. The State Court Administrator by rule may establish procedures for giving notice of a postponement by a posting on a website maintained under ORS 18.926. [2005 c.542 §26]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.934 - Amount of property to be sold; sheriff and deputies may not purchase.

At an execution sale, the sheriff shall sell only the property necessary to satisfy the judgment. A sheriff conducting an execution sale and deputies of the sheriff may not purchase property at the sale or acquire any interest in property by reason of the sale. [2005 c.542 §27]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.940 - Bill of sale for personal property.

(1) If a sheriff sells personal property at an execution sale, upon receipt of the purchase money the sheriff shall give a bill of sale to the purchaser for any intangible property or other property not in the possession of the sheriff. The sheriff shall deliver personal property in the possession of the sheriff to the purchaser, but shall give the purchaser a bill of sale for that property only if the purchaser requests it.
(2) If the sheriff has secured property in the manner provided by ORS 18.880 and the judgment debtor refuses to make the property available to the purchaser, without further court order the sheriff shall use all reasonable force necessary to allow the purchaser to access the property at the place where the property was located when the sheriff secured the property. [2005 c.542 §30]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.942 - Sheriff’s certificate of sale for real property.

(1) If a sheriff sells real property at an execution sale, the sheriff shall prepare a certificate of sale containing a particular description of the property sold, the price bid for each distinct lot or parcel and the total amount paid. The certificate must state whether the property is subject to redemption. Except as provided in ORS 18.938 (3), the sheriff shall give the certificate to the purchaser.
(2) A purchaser shall record in the County Clerk Lien Record the sheriff’s certificate of sale provided to the purchaser under the provisions of this section. [2005 c.542 §31; 2015 c.168 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.944 - Notice of completed sale.

(1) After the execution sale of any residential property as defined in ORS 18.901 that is subject to redemption and not later than 30 days after the purchaser is given the certificate of sale, the sheriff shall:
(a) Securely attach to the main entrance of any dwelling unit upon the property a written notice stating that the property has been sold; and
(b) Send a copy of the notice described in paragraph (a) of this subsection by first class mail and by registered or certified mail to the judgment debtor.
(2) The notice required by subsection (1)(a) of this section shall be in substantially the following form:
______________________________________________________________________________
YOUR PROPERTY HAS BEEN SOLD
Your property located at _________ has been sold. The property was sold on _____, 2___, to satisfy a court judgment against you. The purchaser’s name and address are _________. The purchaser paid _____ for your property.
You may have the right to buy back the property from the purchaser by paying the purchaser the amount paid at the sale plus taxes, expenses and interest. YOU WILL LOSE THE RIGHT TO BUY BACK YOUR PROPERTY ON _____, 2___. If you do not buy back your property, the sheriff will give a deed for your property to the purchaser on that date.
The law on the rights of a person whose property is sold to satisfy a court judgment is found in ORS 18.960 to 18.985. You must follow exactly the instructions provided there.
IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE.
______________________________________________________________________________
(3) The sheriff shall retain the return receipt for a notice sent by registered or certified mail as provided in subsection (1)(b) of this section and shall make and retain a record of the posting of notice required by subsection (1)(a) of this section.
(4) Failure of the sheriff to comply with any provision of this section does not affect the validity of the sale of residential property. However, this subsection does not limit any other right the judgment debtor may have. [2005 c.542 §32]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.946 - Possession after sale; right to rents or value of use.

(1) Subject to subsection (2) of this section:
(a) The purchaser of real property at an execution sale is entitled to possession of the property from the date of sale until a redemption of the property, if any.
(b) The redemptioner of real property is entitled to possession of the property from the date the payment required by ORS 18.966 or 18.967 is made until another redemption, if any.
(c) A purchaser or redemptioner entitled to possession of real property under this subsection may obtain possession of the property from an occupant under ORS 105.100 to 105.168 or another applicable judicial procedure.
(2) If a tenant possesses real property under an unexpired lease and the property is sold on execution to satisfy a judgment with priority over the lease, the tenant may remain in possession of the property until the expiration of the redemption period if the tenant pays to the purchaser or redemptioner the greater of a monthly payment equal to the value of the use and occupancy of the property or the lease payments. [2005 c.542 §33; 2021 c.416 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.948 - Confirmation of sale of real property.

(1) A sale of real property in an execution sale is conclusively established to have been conducted in the manner required by ORS 18.860 to 18.993 unless the judgment debtor or another person adversely affected by the sale files an objection to the sale no later than 10 days after the filing of the sheriff’s return under ORS 18.872.
(2) If an objection to a sale is filed, the court shall schedule a hearing on the objection. The court shall grant an order confirming the sale unless the person objecting to the sale establishes that the sale was not conducted in a manner that substantially conformed with the manner required by law, and that as a result it was probable that the person suffered damage. An order confirming a sale under this subsection conclusively establishes that the sale was conducted in the manner required by ORS 18.860 to 18.993. If the court sustains the objection, the court shall direct that the property be resold. Notwithstanding any other provision of ORS 18.860 to 18.993, the court may establish timelines for the conduct of the second sale and the return by the sheriff upon completion of the second sale.
(3) If the court orders that real property be resold under this section, the sheriff may not accept any bid in the second sale that is less than the amount paid in the first sale. If no higher bid is received in the second sale, the sheriff shall so indicate in the sheriff’s return to the court. If a higher bid is received at the second sale, upon receipt of the proceeds the court administrator shall return to the first purchaser the amounts paid by the purchaser. If the original purchaser makes the highest bid in the second sale, the purchaser need pay to the sheriff only the difference between the bid in the second sale and the amounts already paid by the purchaser. [2005 c.542 §34]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.950 - Delivery and distribution of proceeds; satisfaction document.

(1) After the deduction of all sheriff’s fees and costs allowed by law that have not been paid by the judgment creditor, and deduction of all other amounts required by law, the sheriff shall deliver all net proceeds from an execution sale to the court administrator with the sheriff’s return on the writ. The court shall enter an order of distribution for the proceeds. An order directing distribution to the judgment creditor may be entered ex parte.
(2) A judgment creditor is entitled to recover from the proceeds of the sale all of the following costs of sale paid by the judgment creditor:
(a) Sheriff’s fees;
(b) The cost of any title report required to determine persons entitled to notice under ORS 18.918 (2);
(c) The cost of any indemnity bond or letter of credit required by ORS 18.886;
(d) Amounts that may be recovered by the judgment creditor under ORS 18.999;
(e) Services fees that may be recovered as costs under ORS 18.912; and
(f) Recording fees incurred pursuant to ORS 18.870.
(3) The court shall order that the costs specified in subsection (2) of this section be paid before application of the remaining proceeds to satisfaction of the judgment.
(4) If any proceeds from an execution sale remain after the payment of costs under subsection (3) of this section and satisfaction of the judgment, the court administrator shall pay the remaining proceeds as directed by the court in the order of distribution.
(5)(a) Upon receipt of the proceeds of the execution sale of real property, the judgment creditor shall file a satisfaction document as provided in ORS 18.225 for the amount credited against any money award portion of a judgment.
(b) The judgment debtor or other person with an interest in the real property may request in writing to the judgment creditor that the judgment creditor file a satisfaction document. If the judgment creditor does not file a satisfaction document within 10 days after receiving the request, the person making the request may file a motion under ORS 18.235.
(c) If the court finds that the judgment creditor failed to file a satisfaction document under ORS 18.225 within 10 days after receiving a written request under paragraph (b) of this subsection, the court may render a supplemental judgment awarding reasonable attorney fees to the person making the motion, unless the judgment creditor establishes that the failure to file the satisfaction document was not the fault of the judgment creditor. [2005 c.542 §35; 2007 c.166 §19; 2017 c.270 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.952 - Effect of sale on judgment debtor’s or mortgagor’s title; effect of redemption by judgment debtor or mortgagor.

(1) The title of a judgment debtor or mortgagor to real property that is subject to redemption under ORS 18.960 to 18.985 is not transferred by the sale of the property at an execution sale. If a judgment debtor or mortgagor, or a successor in interest to a judgment debtor or mortgagor, redeems property sold at an execution sale, the right to possession of the property is restored subject to all liens of record, whether arising before, on or after the sale, as though the sale had never occurred.
(2) If a judgment debtor or mortgagor, or a successor in interest to a judgment debtor or mortgagor, redeems property sold at an execution sale, the property may not be redeemed by any other person. The sheriff shall provide the redemptioner with a certificate of redemption. A certificate of redemption may be recorded in the County Clerk Lien Record for the county in which the property is located. [2005 c.542 §36]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.954 - Conduct of sale pursuant to court rule or terms of order or judgment.

A court, by the terms of a judgment or order, may direct that an execution sale under a specific judgment be conducted in a manner different than the manner specified by ORS 18.860 to 18.993. The Chief Justice of the Supreme Court may by court rule provide that execution sales be conducted in a manner different than the manner specified by ORS 18.860 to 18.993. [2005 c.542 §37]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.960 - Definitions.

As used in ORS 18.960 to 18.985:
(1) "Certificate holder" means a person who holds a certificate of sale issued under ORS 18.942 or who holds a certificate of redemption issued under ORS 18.975.
(2) "Claimant" means a person who claims to have a right to redeem under ORS 18.960 to 18.985.
(3) "Land sale contract" means a contract for the transfer or conveyance of an interest in real property. "Land sale contract" does not include earnest money agreements, preliminary sales agreements, options or rights of first refusal.
(4) "Redemptioner" means a person other than a judgment debtor who has redeemed property under ORS 18.960 to 18.985.
(5) "Redemption notice" means a notice described under ORS 18.970. [2005 c.542 §37a]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.962 - Property that may be redeemed.

(1) All real property sold at an execution sale may be redeemed except for a leasehold interest with an unexpired term of less than two years.
(2) A manufactured dwelling, as defined by ORS 446.003, may be redeemed only if the manufactured dwelling is sold together with the real property on which the manufactured dwelling is located.
(3) The right of a seller to receive payments under a land sale contract that is sold with the real property may be redeemed.
(4) Except as provided in ORS 18.987 (3), a purchaser’s interest in a land sale contract may be redeemed. [2005 c.542 §38]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.963 - Who may redeem.

(1) Subject to subsection (3) of this section, property that is described in ORS 18.962 and that is sold at an execution sale may be redeemed by:
(a) The judgment debtor;
(b) A mortgagor whose interest in the property was sold at the execution sale;
(c) Any person with a lien against the property that has a priority that is inferior to the claim of the judgment creditor; or
(d) The successor in interest of any person described in paragraph (a), (b) or (c) of this subsection.
(2) Subject to subsection (3) of this section, for the purposes of ORS 18.960 to 18.985:
(a) All references to a judgment debtor include a mortgagor whose interest in the property that was sold at the execution sale and any successor in interest to such a mortgagor;
(b) All references to a judgment debtor include a successor in interest to a judgment debtor; and
(c) A person described in subsection (1)(c) of this section, and any successor in interest of that person, is a lien claimant.
(3) Any person described in subsection (1) of this section who conveys all of the person’s interest in property sold on execution to a successor in interest may not redeem the property. [2005 c.542 §39]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.964 - Time for redemption.

(1) Except as otherwise provided in ORS 18.960 to 18.985, the ability of a judgment debtor to redeem property sold at an execution sale expires unless the judgment debtor redeems the property within 180 days after the date of sale.
(2) Except as provided in subsection (3) of this section, the ability of a lien claimant to redeem property sold at an execution sale expires unless the lien claimant redeems the property within 60 days after the date of sale.
(3) If any lien claimant redeems property within the time provided by subsection (2) of this section, any other lien claimant may redeem the property from the redemptioner. The subsequent redemption must be made within 60 days after the redemption amount specified in ORS 18.966 or 18.967 is paid to the sheriff. Other lien claimants may thereafter redeem from a preceding redemptioner, in the same manner, as long as each redemption is made within 60 days after the previous redemption. [2005 c.542 §40]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.965 - Notice to seller before end of redemption period.

(1) If a person purchases residential real property after a complaint has been filed to foreclose a lien on the real property and before the end of the redemption period provided under ORS 18.964, the purchaser shall provide the following notice in clear and conspicuous type, 14-point or larger, to the seller before purchasing the real property:
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WARNING: You should be careful about this kind of transfer of property. Make sure you understand the documents that you sign. You may still own interests in this property. If you sign the deed to transfer this property, you may be giving up all of your interests in this property, such as redemption rights and rights to "surplus funds." "Surplus funds" are any extra money if the property is sold at the sheriff’s execution sale for more than what is owed on the property. If you have questions, talk to a lawyer before signing.
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(2) At or before the time of recording the deed transferring the real property purchased after a complaint has been filed to foreclose a lien on the real property and before the end of the redemption period provided under ORS 18.964, the purchaser shall file for recording in the official record of the county or counties in which the property described in the deed is situated an affidavit stating that the person complied with the notice requirement under subsection (1) of this section. The affidavit may be affixed to the deed transferring the real property. [2019 c.309 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.966 - Redemption amount payable to purchaser.

Subject to ORS 18.968, a claimant may redeem property from the purchaser at an execution sale by paying to the sheriff:
(1) The amount paid by the purchaser at the execution sale, with interest at the rate of nine percent per annum from the date of sale;
(2) The amount of any taxes paid by the purchaser on the property, with interest at the rate of nine percent per annum from the date of payment;
(3) Any amounts necessarily expended by the purchaser to prevent waste, with interest at the rate of nine percent per annum from the date of payment;
(4) Any amounts paid by the purchaser on liens superior to the interest of the purchaser, with interest at the rate of nine percent per annum from the date of payment; and
(5) Any assessments paid by the purchaser to a homeowners association under ORS 94.550 to 94.783, or to an association of unit owners under ORS chapter 100, with interest at the rate of nine percent per annum from the date of payment. [2005 c.542 §41; 2015 c.120 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.967 - Redemption amount payable to redemptioner.

Subject to ORS 18.968, a claimant may redeem property from a redemptioner by paying to the sheriff:
(1) The amount paid by the redemptioner, with interest at the rate of nine percent per annum from the date of payment;
(2) The amount owing on the lien of the redemptioner, unless the payment is made by a lien claimant whose lien has a priority that is superior to the lien of the redemptioner;
(3) The amount of any taxes paid by the redemptioner on the property, with interest at the rate of nine percent per annum from the date of payment;
(4) Any amounts necessarily expended by the redemptioner to prevent waste, with interest at the rate of nine percent per annum from the date of payment;
(5) Any amounts paid by the redemptioner on liens superior to the lien of the redemptioner, with interest at the rate of nine percent per annum from the date of payment; and
(6) Any amounts paid by the redemptioner to a homeowners association under ORS 94.550 to 94.783, or to an association of unit owners under ORS chapter 100, with interest at the rate of nine percent per annum from the date of payment. [2005 c.542 §42; 2015 c.120 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.968 - Setoff for rents, income and profits realized by certificate holder; certificate holder’s lien for crops and amounts expended to prevent waste.

(1) A judgment debtor is entitled to a setoff against the amounts required to redeem property sold at an execution sale for all rents, income and profits realized by the certificate holder from the property.
(2) If the real property sold at an execution sale is farmland, the certificate holder has a lien on the first crops sown or grown after the sale and for all sums reasonably expended by the certificate holder in plowing, cultivating or seeding the property. The lien of the certificate holder is superior to all other liens except the liens provided by law for payment of wages for work in cultivating the land or harvesting the crops grown on the property. If the real property is not farmland, the certificate holder has a lien on the profits accruing from the property during the period that the certificate holder held the land for sums necessarily expended by the certificate holder to prevent waste. [2005 c.542 §43]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.970 - Redemption notice.

(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 (6) or 18.982, the certificate holder may not object to a redemption by reason of failure to receive a redemption notice. [2005 c.542 §44a; 2007 c.580 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.971 - Objection to redemption notice.

(1) A certificate holder may object to a redemption notice if the certificate holder asserts that the claimant is not eligible to redeem. An objection under this section must be filed with the court administrator, filed with the sheriff and mailed by first class mail to the claimant before the payment date specified in the notice.
(2) The filing of an objection under this section does not affect the requirement of payment of the redemption amount specified in the redemption notice under ORS 18.975. [2005 c.542 §44b]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.972 - Response to redemption notice.

(1) A certificate holder shall respond to a redemption notice if:
(a) The notice requests an accounting under ORS 18.980; or
(b) The certificate holder objects to the redemption amount specified in the notice.
(2) A response to a redemption notice must be served by personal service or by first class mail. If the response is served by first class mail, service is effective on mailing. A copy of the response may be filed with the sheriff before the response is given to the claimant, but must be filed with the sheriff before the payment date specified in the notice. The response must be served on the claimant before the payment date specified in the notice.
(3) If the redemption notice requests an accounting, the accounting must be attached to the response given under this section.
(4) If the certificate holder objects to the redemption amount specified in the notice because the certificate holder claims additional amounts are owing under ORS 18.966 or 18.967, the response must include all information specified in ORS 18.980 (1)(a) to (e).
(5) A response filed under this section must include a statement of the amount claimed as the proper redemption amount after deductions or additions by reason of any accounting provided with the response or by reason of additional amounts claimed under subsection (4) of this section. [2005 c.542 §44c; 2015 c.120 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 018 - Judgments › Section 18.973 - Objection to response.

(1) A claimant may object to the amount claimed in the response as the proper redemption amount. An objection under this section must be filed with the court administrator and mailed by first class mail to the certificate holder within seven days after the response is served under ORS 18.972.
(2) The filing of an objection under this section does not affect the requirement of payment of the redemption amount specified in the redemption notice under ORS 18.975. Payment of the amount claimed in the response waives any objection filed under this section unless the claimant delivers a copy of the objection to the sheriff with the payment. [2005 c.542 §44d]