(1) After the execution sale of any residential property as defined in ORS § 18.901 that is subject to redemption and not later than 30 days after the purchaser is given the certificate of sale, the sheriff shall:

Terms Used In Oregon Statutes 18.944

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) Securely attach to the main entrance of any dwelling unit upon the property a written notice stating that the property has been sold; and

(b) Send a copy of the notice described in paragraph (a) of this subsection by first class mail and by registered or certified mail to the judgment debtor.

(2) The notice required by subsection (1)(a) of this section shall be in substantially the following form:

______________________________________________________________________________

YOUR PROPERTY HAS BEEN SOLD

Your property located at _________ has been sold. The property was sold on _____, 2___, to satisfy a court judgment against you. The purchaser’s name and address are _________. The purchaser paid _____ for your property.

You may have the right to buy back the property from the purchaser by paying the purchaser the amount paid at the sale plus taxes, expenses and interest. YOU WILL LOSE THE RIGHT TO BUY BACK YOUR PROPERTY ON _____, 2___. If you do not buy back your property, the sheriff will give a deed for your property to the purchaser on that date.

The law on the rights of a person whose property is sold to satisfy a court judgment is found in ORS § 18.960 to 18.985. You must follow exactly the instructions provided there.

IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE.

______________________________________________________________________________

(3) The sheriff shall retain the return receipt for a notice sent by registered or certified mail as provided in subsection (1)(b) of this section and shall make and retain a record of the posting of notice required by subsection (1)(a) of this section.

(4) Failure of the sheriff to comply with any provision of this section does not affect the validity of the sale of residential property. However, this subsection does not limit any other right the judgment debtor may have. [2005 c.542 § 32]

 

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