Confirmation of sale of real property
Source:
Section 18.948 — Confirmation of sale of real property, https://www.oregonlegislature.gov/bills_laws/ors/ors018.html.
Notes of Decisions
Under former similar statute (ORS 18.548)
Where no order had been entered confirming judicial sale under decree foreclosing mortgage, trial court could properly set aside such sale for mistake in decree relating to property covered by mortgage. Ensley-Koebel v. National Guaranty Properties, Inc., 279 Or 391, 568 P2d 655 (1977); Rich v. Bellamy, 282 Or 263, 577 P2d 1352 (1978)
Where defendant and wife filed claim for homestead exemption with sheriff prior to sale of property, and plaintiffs failed to deny defendant’s right to homestead, order confirming sale was error. Troutman v. Erlandson, 46 Or App 273, 611 P2d 343 (1980)
In general
Although this provision provides that trial court order made thereunder “conclusively establishes” that execution sale of real property was made in manner required by law, trial court order is appealable. LNV Corp. v. Fauley, 305 Or App 251, 471 P3d 111 (2020), Sup Ct review denied
Trial court did not err in determining that objector to execution sale of real property had not incurred probable damage under this section because remedy available under this section, sheriff’s resale of property, would not permit objector to retain possession of property. LNV Corp. v. Fauley, 305 Or App 251, 471 P3d 111 (2020), Sup Ct review denied
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