Oregon Statutes 18.924 – Notice of sale of real property
(1) Before conducting an execution sale of real property, a sheriff shall:
Terms Used In Oregon Statutes 18.924
- Execution: means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law. See Oregon Statutes 18.005
- Judgment: means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document. See Oregon Statutes 18.005
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) Post notice of the sale on the website established under ORS § 18.926 for at least 28 days; and
(b) Publish notice of the sale in a newspaper, as defined in ORS § 193.010, in the county where the real property is located once a week for four successive weeks.
(2) The notice posted on the website and published in the newspaper under subsection (1) of this section must include:
(a) The names of the parties subject to the writ of execution;
(b) The street address of the property or, if there is no street address, the tax lot number of the property; and
(c) The date, time and place of the execution sale.
(3) In addition to the information listed in subsection (2) of this section, the notice posted on the website under subsection (1) of this section must include:
(a) The legal description of the property; and
(b) The notice to debtor and notice to prospective bidders prescribed in subsections (4) and (5) of this section.
(4) The notice to debtor required by subsection (3) of this section must be in substantially the following form:
______________________________________________________________________________
NOTICE TO DEBTOR
You should be careful about offers to sell rights to surplus funds.
You may have a right to surplus funds remaining after payment of costs and satisfaction of the judgment, as provided in ORS § 18.950 (4).
If you transfer or sell your right to redemption, you might not have the right to surplus funds.
______________________________________________________________________________
(5) The notice to prospective bidders required by subsection (3) of this section must be in substantially the following form:
______________________________________________________________________________
NOTICE TO PROSPECTIVE BIDDERS
Before bidding at the sale, a prospective bidder should independently investigate:
(a) The priority of the lien or interest of the judgment creditor;
(b) Land use laws and regulations applicable to the property;
(c) Approved uses for the property;
(d) Limits on farming or forest practices on the property;
(e) Rights of neighboring property owners; and
(f) Environmental laws and regulations that affect the property.
______________________________________________________________________________
(6) In addition to the information listed in subsection (2) of this section, a notice published in the newspaper under subsection (1) of this section must include instructions for locating the information posted on the website under subsection (1) of this section.
(7) The sheriff is not required to post or publish the notice of sale of real property under this section until the judgment creditor provides the sheriff with all of the information required under subsections (2) and (3) of this section.
(8) Before any execution sale of real property, the sheriff shall:
(a) Mail copies of the notice of sale posted on the website under subsection (1) of this section 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 posted on the website under subsection (1) of this section 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 posted on the website under subsection (1) of this section by first class mail to any other person listed in the instructions pursuant to ORS § 18.918 at the address provided in the instructions.
(9) The notices required by subsection (8) of this section must be mailed not less than 28 days before an execution sale is conducted.
(10) 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 the notice of the sale posted on the website under subsection (1) of this section 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 (8) of this section. [2005 c.542 § 23; 2009 c.835 § 6; 2011 c.195 § 11; 2011 c.429 § 4; 2013 c.464 § 1; 2019 c.309 § 3]