Judgments

ORS 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 (Person entitled to written notice of sale) (2);

(c)

The cost of any indemnity bond or letter of credit required by ORS 18.886 (Creditor’s bond);

(d)

Amounts that may be recovered by the judgment creditor under ORS 18.999 (Recovery of amounts related to attempts to recover debt or enforce judgment);

(e)

Services fees that may be recovered as costs under ORS 18.912 (Hearing on motion for order authorizing sale of residential property); and

(f)

Recording fees incurred pursuant to ORS 18.870 (Recording of writ).

(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 (Satisfaction of money awards generally) 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 (Motion to satisfy money award).

(c)

If the court finds that the judgment creditor failed to file a satisfaction document under ORS 18.225 (Satisfaction of money awards generally) 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]

Notes of Decisions

Trial court is required under this section to enter order providing for delivery or conveyance of foreclosure sale proceeds, in accordance with recipients’ respective interests, notwithstanding ongoing adjudication of lienholders’ interests in separate case. Lincoln Loan Co. v. Estate of George Geppert, 307 Or App 213, 477 P3d 7 (2020), Sup Ct review denied

Source

Last accessed
May 26, 2023

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