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

Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Oregon Statutes 88.060

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(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]

 

[Amended by 2003 c.576 § 349; 2007 c.166 § 15; 2009 c.883 § 3; renumbered 88.103 in 2013]

 

[1975 c.618 § 6; repealed by 2007 c.166 § 17]

 

[Amended by 1979 c.284 § 91; 2003 c.576 § 350; 2005 c.22 § 56; 2005 c.542 68a,68b; 2005 c.568 § 39; renumbered 88.106 in 2013]