Judgments

ORS 18.975
Payment of redemption amount


(1)

Except as provided in ORS 18.980 (Accounting) (2) and (4), unless a certificate holder has indicated a lower redemption amount in the certificate holder’s response under ORS 18.972 (Response to redemption notice), a claimant shall pay the sheriff at least the redemption amount specified in the notice on or before the payment date specified in the redemption notice. If the claimant does not make payment as required by this subsection, the redemption notice is of no effect.

(2)

The sheriff shall issue to the claimant who makes payment under this section a certificate of redemption on the payment date specified in the redemption notice unless:

(a)

Before the payment date specified in the notice, an objection is filed with the sheriff in the manner required by ORS 18.971 (Objection to redemption notice);

(b)

Before the payment date specified in the notice, a response is filed with the sheriff in the manner required by ORS 18.972 (Response to redemption notice), and the claimant fails to pay additional amounts claimed in the response on the payment date specified in the notice;

(c)

An objection to a response is delivered to the sheriff with the payment in the manner required by ORS 18.973 (Objection to response); or

(d)

The calculations or other documentation provided to the sheriff appear irregular to the sheriff.

(3)

If the calculations or other documentation provided to the sheriff appear irregular to the sheriff, and the claimant objects to the failure of the sheriff to issue a certificate of redemption pursuant to subsection (2)(d) of this section, the sheriff shall give written notice to the court of the objection pursuant to ORS 18.992 (Referral of disputes to court).

(4)

If a claimant pays the sheriff the redemption amount specified in the redemption notice, but the sheriff does not issue a certificate of redemption pursuant to subsection (2) of this section, the sheriff shall give the claimant a receipt for the funds in lieu of a certificate of redemption.

(5)

If a response is filed with the sheriff in the manner required by ORS 18.972 (Response to redemption notice) before the payment date specified in the notice, and the claimant makes payment as required by subsection (1) of this section but fails to pay additional amounts claimed in the response, the redemption notice is of no effect and the sheriff shall return the payment to the claimant unless:

(a)

The claimant objects to the response in the manner provided by ORS 18.973 (Objection to response); or

(b)

The claimant pays additional amounts claimed in the response, plus interest, in the manner provided by subsection (6) of this section.

(6)

If a response is filed with the sheriff in the manner required by ORS 18.972 (Response to redemption notice) before the payment date specified in the notice, and the claimant makes payment as required by subsection (1) of this section but fails to pay additional amounts claimed in the response, the sheriff shall issue a certificate of redemption to the claimant dated as of the date that the receipt was issued under subsection (4) of this section if the claimant pays additional amounts claimed in the response, plus interest, within seven days after the date the receipt was issued. [2005 c.542 §44e]
§§ 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