Bill Text: OR SB740 | 2011 | Regular Session | Enrolled
Bill Title: Relating to sale of real property to enforce obligation.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2011-06-22 - Effective date, January 1, 2012. [SB740 Detail]
Download: Oregon-2011-SB740-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 740
Sponsored by Senator PROZANSKI (at the request of Martin Henner)
CHAPTER ................
AN ACT
Relating to sale of real property to enforce obligation; creating
new provisions; and amending ORS 18.862, 18.870, 18.906 and
18.924.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 18.862 is amended to read:
18.862. (1) A writ of execution must be directed to a sheriff
and must contain the name of the court, the names of the parties
to the action and the case number for the action. The writ must
contain a mailing address for the judgment creditor. The writ
must describe the judgment and, if the writ of execution is
issued for application of property of the judgment debtor against
a money award, the writ must state the amount owing on the money
award when the writ is issued.
(2) If the judgment requires that specific real or personal
property of the judgment debtor be sold, the writ must
particularly describe the property and direct the sheriff to sell
the specified property.
(3) If the judgment requires the delivery of the possession of
real or personal property, the writ must direct the sheriff to
deliver the possession of the property. The writ must
particularly describe the property and specify the party to whom
the property is to be delivered.
{ + (4) Real property identified pursuant to this section
must be described using a legal description and a street address,
if any. + }
SECTION 2. ORS 18.870 is amended to read:
18.870. Upon delivery of a writ of execution to the sheriff of
any county, the judgment creditor must record a copy of the writ
certified to be true by the court administrator or an abstract of
the writ in the County Clerk Lien Record for the county if the
writ of execution or the accompanying instructions to the sheriff
require the sale of real property. A legal description { + and a
street address, if any, + } of the real property must be included
in, or attached to, the copy of the writ or the abstract. The
recording of the writ or abstract in any county in which a
judgment lien does not exist under ORS 18.150 or 18.152, or in a
county in which a notice of pendency under ORS 93.740 has not
been previously recorded for the property to be sold, has the
same effect as recording a notice of pendency under ORS 93.740.
SECTION 3. ORS 18.906 is amended to read:
18.906. (1) A judgment creditor may file a motion with a court
requesting an order authorizing the sheriff to sell residential
Enrolled Senate Bill 740 (SB 740-INTRO) Page 1
property. The motion must be filed with a court that has
authority to issue a writ of execution for the judgment. The
motion must include a statement that does all of the following:
(a) Indicates the amount of the money award or money awards, as
reflected in the judgment or judgments.
(b) Indicates the amount owing on the money award or money
awards on the date the motion is filed.
(c) Indicates whether any of the money awards arise out of an
order or judgment for child support as described in ORS 18.398.
(d) Identifies the residential property to be sold { + by
legal description and by street address, if any + }.
(e) Indicates whether the property is a homestead. If the
property is a homestead, the motion must allege facts showing
that the homestead may be sold on execution.
(2) A motion under this section must be accompanied by an
affidavit disclosing the basis of the allegations contained in
the motion. If the judgment creditor relies on more than one
judgment to support the order, the motion must be accompanied by
copies of all other judgments on which the judgment creditor
relies.
(3) A court shall promptly schedule a hearing on a motion filed
under this section. In setting the hearing the court shall allow
adequate time to allow service on the judgment debtor under ORS
18.908.
SECTION 4. ORS 18.924 is amended to read:
18.924. (1) Before conducting an execution sale of real
property, a sheriff shall give written notice of the sale in the
manner provided by this section. The notice must identify the
property to be sold { + by legal description and by street
address, if any, + } and the time and place of the sale.
(2) Before any execution sale of real property, the sheriff
shall:
(a) Mail copies of the notice of sale by first class mail and
by certified mail, return receipt requested, to the judgment
debtor at the address provided in the instructions to the
sheriff;
(b) Mail a copy of the notice of sale by first class mail to
any attorney for the judgment debtor identified in the
instructions at the address provided in the instructions; and
(c) Mail a copy of the notice of sale by first class mail to
any other person listed in the instructions pursuant to ORS
18.918 at the address provided in the instructions.
(3) The notices required by subsection (2) of this section must
be mailed not less than 28 days before an execution sale is
conducted.
(4) Before any execution sale of real property for which the
judgment creditor has provided a street address under ORS 18.875
(3), the sheriff shall post a notice of the sale in a conspicuous
place on the property. The notice must be posted not more than
seven days after the sheriff mails notices as required by
subsection (2) of this section.
(5) The sheriff shall publish a copy of the notice of sale of
real property once a week for four successive weeks in a
newspaper of general circulation in the county where the real
property is located. The sheriff may not conduct the sale until
the expiration of the four-week period.
(6) In lieu of publication in a newspaper under subsection (5)
of this section, a sheriff shall publish a notice of sale of real
property by Internet posting if a website has been established
under ORS 18.926 for the purpose of giving legal notices under
Enrolled Senate Bill 740 (SB 740-INTRO) Page 2
ORS 18.860 to 18.993, and the judgment creditor has requested
that notice be published by Internet posting in the instructions
provided to the sheriff under ORS 18.875. Subject to ORS 18.926
(3), the notice must be posted on the Internet not less than 28
days before the date identified in the notice of sale and remain
posted until that date.
SECTION 5. { + The amendments to ORS 18.862, 18.870, 18.906
and 18.924 by sections 1 to 4 of this 2011 Act apply to documents
describing real property that are prepared on or after the
effective date of this 2011 Act. + }
----------
Passed by Senate April 28, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 8, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 740 (SB 740-INTRO) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 740 (SB 740-INTRO) Page 4
