(1) Whether or not the judgment debtor appears at the hearing, the court shall inquire as to the facts alleged in a motion filed under ORS § 18.906 and make a summary determination on the motion.

(2) The court shall authorize sale of the property pursuant to a motion filed under ORS § 18.906 unless the court finds:

(a) That the property is the homestead of the judgment debtor;

(b) That the judgment is subject to the homestead exemption; and

(c) That the amount of the judgment or judgments was $3,000 or less at the time of entry of the judgment or judgments as described in ORS § 18.395 (7).

(3) If the court authorizes the sale of residential property, the order must state whether the homestead exemption applies to the property. If the homestead exemption does apply to the property, the order must state the allowed amount of the exemption.

(4) If the court authorizes the sale of residential property, the judgment creditor may recover the costs of service of the motion and notice under ORS § 18.908 as part of the costs of the sale. [2005 c.542 § 19; 2009 c.612 § 8]

(Notice of Sale)