Judgments

ORS 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 (Accounting) 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 (Who may redeem), 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 (Payment of redemption amount).

(5)

If a certificate holder fails to comply with the requirements of ORS 18.930 (Conduct of sale generally) (6) or 18.982 (Redemptioner must provide sheriff with address), 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]

Notes of Decisions

Under Former Similar Statute (Ors 18.585)

Notwithstanding that purchaser failed to submit copy of judgment docket in attempting to redeem property purchased at sheriff's sale, documents submitted by purchaser provided sheriff with adequate evidence of right to redeem and thus substantially complied with this section. Silbernagel v. Goin, 31 Or App 545, 570 P2d 1011 (1977), Sup Ct review denied

Where notice of intent to redeem did not provide required period of notice, court had authority to order redemption date extended to later date within statutorily allowed redemption period. Household Finance v. Bacon, 58 Or App 267, 648 P2d 421 (1982), Sup Ct review denied

§§ 18.960 to 18.985

Notes of Decisions

Under Former Similar Statutes (Ors 18.565 to 18.598)

Redemption statutes are remedial and are to be liberally construed. Silbernagel v. Goin, 31 Or App 545, 570 P2d 1011 (1977), Sup Ct review denied

Law Review Citations

Under Former Similar Statutes (Ors 18.565 to 18.598)

67 OLR 287 (1988)

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