18.518] ����� 18.900 [2001 c.249 �81; 2003 c.85 �23; 2003 c.578 �3; 2003 c.663 �3; 2005 c.336 �3; renumbered 18.854 in 2005] EXECUTION SALE (Residential Property) ����� 18.901 Definiti

18.518]

����� 18.900 [2001 c.249 �81; 2003 c.85 �23; 2003 c.578 �3; 2003 c.663 �3; 2005 c.336 �3; renumbered 18.854 in 2005]

EXECUTION SALE

(Residential Property)

����� 18.901 Definition of residential property. For the purposes of this section and ORS 18.904, 18.906, 18.908 and 18.912, �residential property� means any of the following property:

����� (1) Real property on which no more than four units designed to be used as dwellings are located.

����� (2) A condominium unit that is designed to be used as a dwelling and that is not being held as inventory for sale or lease in the regular course of business.

����� (3) A manufactured dwelling as defined by ORS 446.003 that is not being held as inventory for sale or lease in the regular course of business.

����� (4) A floating home as defined in ORS 830.700 that is not being held as inventory for sale or lease in the regular course of business. [2005 c.542 �15]

����� 18.902 [2001 c.249 ��82,82a; 2002 s.s.3 c.7 �2; 2003 c.75 �22; renumbered 18.855 in 2005]

����� 18.904 Order required for sale of residential property; exceptions. (1) If the judgment debtor is a natural person, residential property may be sold under a writ of execution only after the entry of a court order authorizing the sale.

����� (2) This section does not apply to writs of execution that direct the sheriff to sell specific property pursuant to the terms of the judgment.

����� (3) This section does not apply to a writ of execution issued to enforce a judgment foreclosing:

����� (a) A construction lien for work, labor or material done or furnished exclusively for the improvement of the property to be sold;

����� (b) A lawfully executed purchase money lien against the property to be sold; or

����� (c) A lawfully executed mortgage or trust deed on the property to be sold. [2005 c.542 �16]

����� 18.905 [2001 c.249 �83; renumbered 18.857 in 2005]

����� 18.906 Motion for order authorizing sale of residential property. (1) A judgment creditor may file a motion with a court requesting an order authorizing the sheriff to sell residential 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. [2005 c.542 �17; 2011 c.429 �3]

����� 18.908 Notice of motion for order authorizing sale of residential property. (1) At least 10 days before the hearing on a motion filed under ORS 18.906, the judgment creditor must:

����� (a) Serve the judgment debtor in the manner provided by ORCP 7 with a copy of the motion and the supporting affidavit, and with a notice of the time and place of the hearing; and

����� (b) Send a copy of the motion and the notice by first class mail to the property at the mailing address for the property.

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

______________________________________________________________________________

NOTICE OF HEARING ON SHERIFF�S

SALE OF YOUR PROPERTY

����� This is to notify you that _____ has asked the court to order the sheriff to sell property located at _________ to satisfy a judgment against _____.

����� Before deciding whether to order the sale, the court will hold a hearing on _____, 2___, at ______ a.m./p.m., in Room _____, ______.

����� The law provides that property is your homestead if the property is actually used as a home by you, your spouse, a dependent parent or a dependent child. If you are temporarily absent from the property but intend to move back in, the property is still your homestead.

����� The law provides that if the property is your homestead, then $_____ of its value may not be taken to satisfy a judgment against you. In addition, a homestead usually may not be sold to satisfy a judgment for $3,000 or less.

����� The law provides that property may be sold despite the fact that it is your homestead and all of its value may be taken to satisfy a judgment against you if the judgment is for child support.

����� IF YOU WISH TO PROTECT THIS PROPERTY FROM A SHERIFF�S SALE, YOU SHOULD COME TO THE COURT HEARING.

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

����� If you do not own this property, please give this notice and the papers served with it to the owner.

______________________________________________________________________________ [2005 c.542 �18; 2009 c.612 �7]

����� 18.910 [Formerly 29.367; 2003 c.576 �572a; 2005 c.542 �67; 2005 c.702 �95; renumbered 18.999 in 2005]

����� 18.912 Hearing on motion for order authorizing sale of residential property. (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