Judgments

ORS 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 (Denial of homestead exemption when judgment is for child support).

(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 (Notice of motion for order authorizing sale of residential property). [2005 c.542 §17; 2011 c.429 §3]

Notes of Decisions

Under Former Similar Statute (Ors 18.536)

Where real property was not homestead at time of plaintiffs' petition for sale at execution or at time of defendants' notice of intent to discharge property from plaintiffs' judgment lien, defendants were not entitled to protections provided for homestead by this section or [former] ORS 23.280. Bourgeois v. Grenfell, 72 Or App 415, 695 P2d 974 (1985), Sup Ct review denied

Where judgment debtor makes post-judgment transfer of residential real property to another natural person, execution sale of property is subject to claim by transferee natural person of homestead right in property. Premier West Bank v. GSA Wholesale, LLC, 196 Or App 640, 103 P3d 1169 (2004)

Chapter 18

Notes of Decisions

If terms used by trial court suffice to convey court's concluding decision or decisions, and if terms are set forth in document properly titled as judgment, then judgment document contains judgment. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)


Source

Last accessed
Jun. 26, 2021