Title 18 · ORS Chapter 18

for all real property purchased; and

Citation: ORS 18.942

Section: 18.942

18.942 for all real property purchased; and

����� (b) Deliver the net proceeds of the sale to the court administrator or other official as provided by law.

����� (6) Subject to subsection (8) of this section, if the sheriff does not receive verification from a financial institution within 15 days after the date of the sale that all cashier�s checks delivered to the sheriff for a purchase have received final settlement, the sale is void and the sheriff shall return to the purchaser any cash tendered by the purchaser and any amounts received for cashier�s checks for which final settlement was received, less any bank charges incurred for cashier�s checks and any other amount allowed by law.

����� (7) If any part of the purchase price at an execution sale is paid with a cashier�s check, and the return date for the writ that is the basis for the sale is less than 18 days after the date of the sale, the return date is automatically extended to 18 days after the date of the sale.

����� (8) The judgment creditor may extend by a period of not more than 60 days the time for the sheriff to receive verification of a cashier�s check provided for in subsections (5) and (6) of this section. If the judgment creditor extends the time for the sheriff to receive verification of a cashier�s check, the return date for the writ is automatically extended three business days after the date specified by the judgment creditor.

����� (9) A judgment creditor may elect to pursue remedies under ORS chapter 73 by reason of the failure of a financial institution to honor a cashier�s check tendered under this section, as though the judgment creditor had been the person to whom the check was payable.

����� (10) As used in this section:

����� (a) �Cashier�s check� has the meaning given that term in ORS 73.0104.

����� (b) �Financial institution� has the meaning given that term in ORS 706.008. [2005 c.542 �29]

����� 18.940 Bill of sale for personal property. (1) If a sheriff sells personal property at an execution sale, upon receipt of the purchase money the sheriff shall give a bill of sale to the purchaser for any intangible property or other property not in the possession of the sheriff. The sheriff shall deliver personal property in the possession of the sheriff to the purchaser, but shall give the purchaser a bill of sale for that property only if the purchaser requests it.

����� (2) If the sheriff has secured property in the manner provided by ORS 18.880 and the judgment debtor refuses to make the property available to the purchaser, without further court order the sheriff shall use all reasonable force necessary to allow the purchaser to access the property at the place where the property was located when the sheriff secured the property. [2005 c.542 �30]

����� 18.942 Sheriff�s certificate of sale for real property. (1) If a sheriff sells real property at an execution sale, the sheriff shall prepare a certificate of sale containing a particular description of the property sold, the price bid for each distinct lot or parcel and the total amount paid. The certificate must state whether the property is subject to redemption. Except as provided in ORS 18.938 (3), the sheriff shall give the certificate to the purchaser.

����� (2) A purchaser shall record in the County Clerk Lien Record the sheriff�s certificate of sale provided to the purchaser under the provisions of this section. [2005 c.542 �31; 2015 c.168 �6]

����� 18.944 Notice of completed sale. (1) After the execution sale of any residential property as defined in ORS