unless the court finds:

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)

����� 18.918 Person entitled to written notice of sale. (1) A judgment creditor must list in the instructions required by ORS 18.875 the names and addresses of all persons entitled to written notice of the execution sale. For each person listed, the list must include the address last known to the judgment creditor. For all execution sales, the list must include:

����� (a) The name of the judgment debtor; and

����� (b) The name of any attorney for a judgment debtor reflected in the judgment document.

����� (2) If real property is to be sold in the execution sale, the list prepared by the judgment creditor under this section must include the name of each person with one of the following interests in the real property, determined as of a date that is identified by the judgment creditor and that is not more than 10 days before the request for issuance of the writ of execution was filed:

����� (a) Any person who has a lien of record against the property that attached to the property after the judgment lien attached and before the determination date identified by the judgment creditor.

����� (b) Any person who has an interest in the property that was acquired from the debtor or any successor to the debtor, and that was recorded after the judgment lien attached and before the determination date identified by the judgment creditor.

����� (3) Subsection (2) of this section does not apply to a writ of execution requiring the sale of specific real property identified in a judgment of foreclosure or any other judgment directing the sale of specific real property. If a writ of execution is issued pursuant to a judgment in an in rem proceeding, a judgment of foreclosure or another judgment directing the sale of the specific real property, the list prepared by the judgment creditor under this section must contain the names and last known addresses of the persons who were parties to the action at the time of judgment in lieu of the names required under subsection (2) of this section.

����� (4) Failure to include the name of a person required to be listed under this section does not affect the validity of an execution sale or in any way give that person any right to challenge the sale of the property. By submitting the instructions to the sheriff, a judgment creditor certifies that the list of persons reflected in the instructions complies with this section, and the failure to include the name of any person as required by this section is subject to sanction under ORCP 17. [2005 c.542 �20]

����� 18.920 Notice of sale of personal property. (1) Before conducting an execution sale of personal property, a sheriff shall give written notice of the sale in the manner provided by this section. The notice must identify the property to be sold and the time and place of the sale.

����� (2) Before any execution sale of personal property, the sheriff shall:

����� (a) Mail copies of the notice of sale 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; and

����� (b) Mail a copy of the notice of sale by first class mail to any attorney for the judgment debtor identified in the instructions at the address provided in the instructions to the sheriff.

����� (3) The notices required by subsection (2) of this section must be mailed not less than 10 days before an execution sale is conducted.

����� (4) The sheriff shall post a notice of the sale in three public places in the county in which the sale is to take place. The notice must be posted not more than 20 days before the date of sale identified in the notice of sale and not less than 10 days before that date.

����� (5) In lieu of posting notice under subsection (4) of this section, a sheriff shall give notice of an execution sale by Internet posting if the judgment creditor requests that posting in the instructions given to the sheriff under ORS 18.875 and a website has been established under ORS 18.926 for the purpose of giving legal notices under ORS 18.860 to 18.993. Subject to ORS 18.926 (3), the notice must be posted on the Internet not less than 10 days before the date identified in the notice of sale and remain posted until that date. [2005 c.542 �21; 2009 c.835 �5]

����� 18.922 Expedited sale of perishable personal property; expedited sale to prevent loss of value. (1) Notwithstanding ORS 18.920, if perishable personal property is levied on by a sheriff:

����� (a) The notices required by ORS 18.920 (2) must be mailed by express mail not less than 48 hours before the execution sale is conducted; and

����� (b) The sheriff shall post notice of the sale in the manner required by ORS 18.920 (4) or (5) not less than 48 hours before the execution sale is conducted.

����� (2) In lieu of conducting an expedited sale under subsection (1) of this section, a judgment creditor or a sheriff may seek an ex parte order from the court directing the manner of conducting an expedited sale to prevent loss of value. An order issued under this section may modify or eliminate any of the requirements of ORS 18.920. If an ex parte order is entered under this subsection at the request of the judgment creditor, the judgment creditor must provide a copy of the order to the sheriff. [2005 c.542 �22]

����� 18.924 Notice of sale of real property. (1) Before conducting an execution sale of real property, a sheriff shall:

����� (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]

����� 18.926 Legal notices website; posting fee. (1) The elected sheriffs of this state shall establish and maintain a website where legal notices under ORS 18.860 to 18.993 may be posted. The sheriffs may enter into an intergovernmental agreement for establishing and maintaining the website.

����� (2) An intergovernmental agreement entered into under this section may establish fees for posting legal notices on a website maintained under this section.

����� (3) For the purpose of determining whether a legal notice has been posted for the period of time required by law, an interruption of service of a website maintained under this section that does not exceed 48 hours does not affect the continuity of the posting. An interruption of service of a website maintained under this section does not prevent the sheriff from conducting an execution sale unless the court orders otherwise. [2005 c.542 �24; 2009 c.835 �4; 2011 c.195 �13; 2013 c.464 �2]

(Conduct of Execution Sale)

����� 18.930 Conduct of sale generally; county fee. (1) The sheriff shall conduct an execution sale by public oral auction. The sale must be conducted between 9 a.m. and 4 p.m. All property shall be sold by the sheriff in such parcels as are likely to bring the highest price. Any portion of real property belonging to a person other than the judgment debtor must be sold separately if the person requests a separate sale.

����� (2) At least 10 days before the date first set for an execution sale, a judgment creditor must provide the sheriff with any report for real property to be sold at the execution sale that is in the possession of the judgment creditor and that shows interests of record in the property. The sheriff shall make the report available to bidders who appear at the sale. No civil action may be brought against a title company, the judgment creditor, the sheriff or any other person by reason of omissions or errors in the report, and the validity of the sale is not affected by reason of any omissions or errors in the report.

����� (3) A judgment creditor that is a public body, as defined in ORS 174.109, may set a minimum bid amount for property to be sold at an execution sale.

����� (4) Tangible personal property to be sold at an execution sale must be present at the place where the sale is conducted unless the property is not in the possession of the sheriff.

����� (5) The county may establish a fee to be collected by the sheriff at the time of sale. The amount of the fee shall be established by the governing body of the county and may not be greater than the amount necessary to pay the county for the expenses incurred by the county for giving notice of the sale and conducting the sale and for the anticipated expenses for any notices required to be given after the sale and other post-sale administration of the sale.

����� (6) A person who purchases real property that is subject to redemption at an execution sale must provide the sheriff with an address to which a redemption notice may be sent and must notify the sheriff of any change in address until the purchaser transfers the purchaser�s interest in the property, the property is redeemed or the time allowed for redemption expires, whichever occurs first. Any person who thereafter acquires the purchaser�s interest in the property must notify the sheriff of the transfer, provide the sheriff with an address to which a redemption notice may be sent and notify the sheriff of any change in address until there is a another transfer, the property is redeemed or the time allowed for redemption expires, whichever occurs first.

����� (7) At any time before the sheriff conducts an execution sale for personal property, the judgment debtor may pay to the sheriff the full amount owing on the judgment as of the date the payment is made along with the costs of sale as described in ORS 18.950 (2). The payment must be made in United States currency. If payment is made under this subsection, the sheriff may not sell the property, and shall deliver the property to the debtor. The sheriff shall deliver the amount paid by the judgment debtor to the court administrator with the sheriff�s return on the writ. The sheriff is not liable to any person by reason of accepting payment under the provisions of this subsection. [2005 c.542 �25; 2007 c.580 �2; 2011 c.195 �14]

����� 18.932 Postponement of sale; rules. (1) A sheriff may postpone an execution sale to a specified date if:

����� (a) The sheriff is unable to conduct the sale at the place and time specified in the notice of the sale;

����� (b) The sheriff considers it appropriate to postpone the sale for want of purchasers; or

����� (c) For other sufficient cause.

����� (2) A sheriff shall postpone an execution sale to a specified date upon the request of a judgment creditor. The sheriff may not postpone the execution sale to a date later than the final date for return on the writ of execution under ORS 18.872.

����� (3) If possible, the sheriff shall make a public announcement of a postponement at the time and place scheduled for the sale.

����� (4) An execution sale may be postponed more than one time under the provisions of this section. An execution sale may not be postponed beyond the date that a return on the writ is due. If the judgment creditor requests a postponement to a specified date, and the date is more than 60 days after the sheriff received the writ, the request for a postponement of the sale automatically operates as a request for an extension of the time for a return on the writ of execution under ORS