Title 18 · ORS Chapter 18

18.972. The accounting must reflect: ����� (a) The amount of any taxes the certificate holder has paid on the property, with interest at the rate of nine percent per annum from the date of payment.

Citation: ORS 18.972

Section: 18.972

18.972. The accounting must reflect:

����� (a) The amount of any taxes the certificate holder has paid on the property, with interest at the rate of nine percent per annum from the date of payment.

����� (b) Any amounts necessarily expended by the certificate holder to prevent waste, with interest at the rate of nine percent per annum from the date of payment.

����� (c) Any amounts that the certificate holder has paid on liens superior to the lien of the certificate holder, with interest at the rate of nine percent per annum from the date of payment.

����� (d) The amount of any assessments paid by the certificate holder to a homeowners association under ORS 94.550 to 94.783, or to an association of unit owners under ORS chapter 100, with interest at the rate of nine percent per annum from the date of payment.

����� (e) The amount owing on the lien of the certificate holder, if the certificate holder is a redemptioner.

����� (f) The net proceeds of rents, income or profits from the property by the certificate holder while the certificate holder has been in possession of the property.

����� (2) If a redemption notice includes a request for an accounting and the certificate holder fails to respond as required by ORS 18.972, the time for paying the redemption amount is automatically extended to 30 days after the redemption date specified in the redemption notice or until the time specified by subsection (4) of this section if a claimant files a motion under subsection (3) of this section.

����� (3) If a redemption notice includes a request for an accounting, and the certificate holder fails to respond as required by ORS 18.972, the claimant may file a motion with the court requesting an order requiring the certificate holder to show cause why the certificate holder should not be held in contempt. A motion under this subsection must be made not more than 28 days after the redemption notice is served on the certificate holder. The claimant must deliver a copy of the motion to the sheriff.

����� (4) If a motion is filed under subsection (3) of this section:

����� (a) The time for redemption of the property is automatically extended to 30 days after the accounting is provided by the certificate holder; and

����� (b) The time for paying the redemption amount is automatically extended to 30 days after the accounting is provided by the certificate holder. [2005 c.542 �45; 2015 c.120 �4]

����� 18.981 Manner of payment. (1) Except as provided in this section, a sheriff shall accept as payment from a claimant a cashier�s check or cash. Except as provided in this section, a sheriff shall accept any combination of cashier�s checks or cash that is adequate to pay the redemption amount.

����� (2) A sheriff shall accept a cashier�s check as payment only if the cashier�s check is made payable to the sheriff and is drawn on a financial institution that is authorized to do business under the laws of Oregon or the United States. If any part of the redemption amount is paid with a cashier�s check, the sheriff shall give the purchaser a receipt for the funds in lieu of a certificate of redemption under ORS 18.975.

����� (3) If any part of the redemption amount is paid with a cashier�s check, the sheriff shall deposit the check in a financial institution not later than the end of the first business day after the day on which the check is received. The check must be deposited in a separate account.

����� (4) If the sheriff receives verification from a financial institution within 15 days after the date of the redemption that all cashier�s checks delivered to the sheriff for the redemption have received final settlement, and the sheriff is required to give a certificate of redemption under ORS 18.975, the sheriff shall mail to the claimant by first class mail a certificate of redemption and deliver to the certificate holder all amounts paid to the sheriff. If the sheriff is not required to give a certificate of redemption under ORS 18.975, the sheriff shall give the person tendering the amounts a receipt for the funds in lieu of a certificate of redemption, and shall deliver a certificate of redemption and the amounts paid to the sheriff only as provided in ORS 18.978 after a final decision by the court.

����� (5) If the sheriff does not receive verification from a financial institution within 15 days after the checks are deposited that all cashier�s checks delivered to the sheriff have received final settlement, the redemption is void and the sheriff shall return to the claimant any cash tendered by the claimant 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.

����� (6) 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 �46]

����� 18.982 Redemptioner must provide sheriff with address. A redemptioner 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 redemptioner transfers the redemptioner�s interest in the property, the property is redeemed or the expiration of the time allowed for another redemption, whichever occurs first. Any person who acquires the redemptioner�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 expiration of the time allowed for another redemption, whichever occurs first. [2005 c.542 �46a]

(Waste)

����� 18.983 Court may restrain waste. Upon motion of a claimant, or a certificate holder who is not in possession of the property, the court may restrain waste of the real property sold at an execution sale. A person in possession of the real property does not commit waste of the property by continuing to use the property in the same manner in which the property was used before the execution sale, by engaging in the ordinary course of husbandry on the property or by making necessary repairs to buildings. [2005 c.542 �47]

(Sheriff�s Deed)

����� 18.985 Sheriff�s deed. (1) Unless the property is redeemed by the judgment debtor, upon request of the certificate holder and payment of the fee required by ORS 21.300 (1)(c), the sheriff shall execute and deliver a deed for real property sold at an execution sale. The deed shall convey the property to the certificate holder. The deed shall be delivered to the certificate holder as soon as possible.

����� (2) Notwithstanding subsection (1) of this section, the court may direct the sheriff to execute a deed to a certificate holder before the expiration of the time allowed for redemption if the certificate holder establishes that the certificate holder has acquired the rights of all persons entitled to redeem. [2005 c.542 �48]

SPECIAL RULES FOR SPECIFIC

TYPES OF PROPERTY

����� 18.986 Manufactured dwellings and floating homes. (1) Except as provided in subsection (2) of this section, a manufactured dwelling or floating home must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993 if the real property upon which the manufactured dwelling or floating home is located is to be sold at the execution sale.

����� (2) A manufactured dwelling or floating home that is held as inventory for sale or lease in the normal course of business must be levied on and sold in the same manner as provided for tangible personal property under ORS 18.860 to 18.993.

����� (3) If the real property upon which a manufactured dwelling or floating home is located is not to be sold at the execution sale, and the manufactured dwelling or floating home is not held as inventory for sale or lease in the normal course of business, the manufactured dwelling or floating home must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993 except that:

����� (a) The legal description required by ORS 18.875 (1)(e) need not be included in the instructions to the sheriff; and

����� (b) The sheriff shall give the purchaser of a manufactured dwelling or floating home a bill of sale under ORS 18.940 and not a certificate of sale under ORS 18.942.

����� (4) For the purposes of this section:

����� (a) �Floating home� has the meaning given that term in ORS 830.700.

����� (b) �Manufactured dwelling� has the meaning given that term in ORS 446.003. [2005 c.542 �49]

����� 18.987 Purchaser�s interest in land sale contract; leasehold interest in land with unexpired term of more than two years. (1) Except as provided in this section, a purchaser�s interest in a land sale contract, as defined by ORS 18.960, or a leasehold interest in land with an unexpired term of more than two years must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993.

����� (2) The legal description required by ORS 18.875 (1)(e) in instructions to a sheriff directing the sale of a purchaser�s interest in a land sale contract, as defined by ORS 18.960, or the sale of a leasehold interest in land with an unexpired term of more than two years must be of the property sold under the land sale contract, or of the real property subject to the lease.

����� (3) There is no right of redemption if a purchaser�s interest in a land sale contract, as defined by ORS 18.960, is sold at an execution sale pursuant to a judgment enforcing the seller�s rights under the contract and if the judgment directing the sale of the purchaser�s interest indicates that the purchaser�s interest is sold without redemption rights. [2005 c.542 �50]

����� 18.988 Seller�s right to receive payments under land sale contract. (1) Except as provided by this section, the right of a seller to receive payments under a land sale contract, as defined by ORS 18.960:

����� (a) May not be sold pursuant to a writ of garnishment;

����� (b) May be sold only under a writ of execution in conjunction with a sale of the seller�s interest in the real property; and

����� (c) Must be levied on and sold in the same manner as provided for real property under ORS