ORS 88.060
Enforcement of judgment

(1)

A judgment of foreclosure and sale may be enforced by execution as provided in this section.

(2)

If a judgment of foreclosure and sale is given, an execution may issue against the property adjudged to be sold. If the judgment is in favor of the plaintiff only, the execution may issue as in ordinary cases, but if the judgment is in favor of different persons not united in interest, the execution shall issue upon the joint request of the persons or upon the order of the court or judge on the motion of the persons.

(3)

If the judgment includes a money award against the defendants or any one of the defendants in person, and the net sale proceeds of the property upon which the lien is foreclosed are insufficient to satisfy the money award as to the sum remaining unsatisfied, the judgment may be enforced by execution as in ordinary cases. If the judgment is in favor of different persons not united in interest, the judgment is a separate judgment as to the persons and may be enforced accordingly. [Amended by 2003 c.576 §348; 2015 c.291 §5]

Source: Section 88.060 — Enforcement of judgment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html.

Notes of Decisions

Where creditor has judgment including money award based on debtor’s personal obligation and foreclosure of real property, creditor can collect money award from debtor before foreclosed real property is sold. Merrill Lynch Commercial Finance Corp. v. Hemstreet, 261 Or App 220, 323 P3d 361 (2014), Sup Ct review denied

Green check means up to date. Up to date

Current through early 2024

§ 88.060’s source at oregon​.gov