23.250; 2005 c.456 �3; 2009 c.612 �3; 2024 c.100 �5] ����� 18.405 [1979 c.694 �3; 2001 c.334 �1; repealed by 2003 c.576 �580] ����� 18.406 Exemption not applicable to certain liens, mortgages

23.250; 2005 c.456 �3; 2009 c.612 �3; 2024 c.100 �5]

����� 18.405 [1979 c.694 �3; 2001 c.334 �1; repealed by 2003 c.576 �580]

����� 18.406 Exemption not applicable to certain liens, mortgages and interests. ORS 18.395 to 18.422 do not apply to construction liens for work, labor or material done or furnished exclusively for the improvement of the homestead property, to purchase money liens, to mortgages lawfully executed, or to the enforcement of a seller�s rights under a land sale contract, as defined by ORS 18.960. [Formerly 23.260; 2005 c.542 �58a]

����� 18.410 [Amended by 1985 c.540 �26; 1987 c.586 �8; 1989 c.768 �6; 1999 c.788 �24; repealed by 2003 c.576 �580]

����� 18.412 Notice of intent to discharge judgment lien against homestead. (1) At any time after the date of execution of an agreement to transfer the ownership of property in which a homestead exemption exists pursuant to ORS 18.395, the homestead owner or the owner�s transferee may give notice of intent to discharge the property from the judgment lien to a judgment creditor. Each notice must bear the caption of the action in which the judgment was recovered and must:

����� (a) Identify the property and the judgment and state that the judgment debtor is about to transfer, or has transferred, the property and that the transfer is intended to discharge the property from any lien effect of the judgment;

����� (b) State the fair market value of the property on the date of the notice or of any applicable petition in bankruptcy, whichever is applicable, and list the encumbrances against the property, including the nature and date of each encumbrance, the name of the encumbrancer and the amount presently secured by each encumbrance;

����� (c) State that the property is claimed by the person giving the notice to be wholly exempt from the lien of the judgment or, if the value of the property exceeds the sum of the encumbrances specified as required under paragraph (b) of this subsection that are senior to the judgment lien and the applicable amount of the homestead exemption specified in ORS 18.395 (1)(a) or (b), that the amount of the excess or the amount due on the judgment, whichever is less, will be deposited with the court administrator for the court in which the judgment was entered for the use of the judgment holder; and

����� (d) Advise the holder of the judgment that the property may be discharged from any lien arising from the judgment, without further notice to the judgment creditor, unless prior to a specified date, which in no case may be earlier than 14 days after the date of mailing of the notice, the judgment creditor files objections and a request for a hearing on the matter as provided in ORS 18.415.

����� (2) Each notice described by subsection (1) of this section must be sent by certified mail to the judgment creditor, as shown by the court records, at the judgment creditor�s present or last-known address according to the best knowledge of the person sending the notice. A copy of each notice, together with proof of mailing, may be filed with the court administrator for the court in which the judgment was entered and must be filed by the court administrator with the records and files of the action in which the judgment was recovered. [Formerly 23.280; 2005 c.456 �4; 2007 c.129 �9; 2009 c.612 �4; 2024 c.100 �6]

����� 18.415 Objections to discharge; hearing. (1) Any holder of an interest in a judgment described in a notice sent pursuant to ORS 18.412 may file objections to the notice and a request for a hearing upon the application for an order made pursuant to ORS 18.422 (4). The objections and the request for a hearing must be filed in the court that entered the judgment. The objections and the request for hearing must be filed prior to the date specified in the notice and must indicate the grounds for the objections and include the address to which notice of any hearing upon request for an order may be sent.

����� (2)(a) If the holder of a judgment admits the validity of the homestead exemption and objects only that the value placed upon the property in the notice is or was less than the fair market value of the property on the date of the notice or petition in bankruptcy, whichever is applicable, the court shall try the issue of fair market value without formal pleadings. Each party may offer evidence of fair market value, but the holder of the judgment has the burden of proving the fair market value.

����� (b) If the objection is made to other than the valuation of the property, the court shall try the issues of fact and law in the manner of a quiet title suit and may direct filing of formal pleadings as it considers necessary for definition of issues.

����� (3) If the court finds that the fair market value of the property specified in the notice reasonably approximates the fair market value of the property on the date of the notice or petition in bankruptcy, whichever is applicable, or, if other issues are raised by the objections and are decided against the holder of the judgment, the court shall make an order that the property is not subject to the lien of the objecting judgment holder. In all other cases, the application for an order shall be dismissed and the lien upon the property shall not be affected by the notice. [Formerly 23.290; 2005 c.568 �23]

����� 18.420 [Amended by 1961 c.538 �1; 1987 c.586 �9; 1991 c.696 �1; 1999 c.788 �25; 2003 c.576 �571; renumbered 18.238 in 2003]

����� 18.422 Release of judgment lien. (1) If a deposit, as required by ORS 18.412 (1)(c), is made by a transferee of any property, the transferee may credit the amount of the deposit against the consideration owed by the transferee for the transfer.

����� (2) The holder of any judgment described in ORS 18.412 (1) is entitled to receive the full amount of any deposit made with respect to the judgment upon delivery to the court administrator of a release of lien document in the form provided by ORS 18.200 for the property described in the notice. If the real property is located in a county where a certified copy of the judgment or lien record abstract has been recorded, the holder of the judgment, upon receipt of the deposit, shall have a certified copy of the release of lien document recorded in the County Clerk Lien Record.

����� (3) If a release of lien document for the property is not delivered by the holder of the judgment to the court administrator as required by subsection (2) of this section, the court administrator shall hold the deposit described in ORS 18.412 (1) and the deposit shall be paid by the court administrator to the homestead claimant upon expiration of the judgment remedies for the judgment as provided in ORS 18.180 to 18.190.

����� (4) At any time after the date specified in a notice, as provided by ORS 18.412 (1)(d), the homestead claimant for the property described in the judgment may apply to the court in which the judgment was entered for an order that the property described in the notice is no longer subject to the judgment lien. If no objections are filed and no hearing is requested in accordance with ORS 18.415, the judge shall issue an ex parte order that the property is no longer subject to the judgment lien if the judge is satisfied that the property has been, or is about to be, transferred and that the notice was prepared and mailed and a deposit was made as required in ORS 18.412. The judge must, in addition, find that the holder of the judgment actually received notice or, if the whereabouts of the holder are unknown, that a reasonably diligent effort has been made to find the holder. If objections and a request for a hearing have been filed by the holder of the judgment, the court shall set a hearing and notify the holder of the judgment of the time and place of the hearing. The homestead claimant may have a certified copy of the ex parte order recorded in the County Clerk Lien Record. [Formerly 23.300]

����� 18.425 [1987 c.774 �29; 1997 c.801 �123; 1999 c.788 �26; repealed by 2001 c.779 �10]

����� 18.428 [Formerly 23.164; 2005 c.542 �59a; 2005 c.568 �24; repealed by 2009 c.612 �9]

����� 18.430 [Amended by 1987 c.586 �10; renumbered 18.242 in 2003]

����� 18.440 [1971 c.665 �1; 1975 c.269 �1; renumbered 31.800 in 2003]

����� 18.445 [1975 c.269 �2; renumbered 31.805 in 2003]

����� 18.450 [1975 c.269 �3; 1995 c.696 �1; renumbered 31.810 in 2003]

����� 18.455 [1975 c.269 �4; 1995 c.696 �2; renumbered 31.815 in 2003]

����� 18.460 [1975 c.269 �5; renumbered 31.820 in 2003]

����� 18.465 [2003 c.576 �34; repealed by 2005 c.542 �73]

����� 18.468 [2003 c.576 �35; 2005 c.568 �24a; repealed by 2005 c.542 ��73,73a]

����� 18.470 [1971 c.668 �1; 1975 c.599 �1; 1995 c.696 �3; renumbered 31.600 in 2003]

����� 18.472 [2003 c.576 �36; 2005 c.542 �60; renumbered 18.867 in 2005]

����� 18.475 [1975 c.599 �4; renumbered 31.620 in 2003]

����� 18.476 [2003 c.576 �37; repealed by 2005 c.542 �73]

����� 18.478 [Formerly 23.410; repealed by 2005 c.542 �73 and 2005 c.568 �42]

����� 18.480 [1975 c.599 �2; 1995 c.79 �6; 1995 c.696 �4; renumbered 31.605 in 2003]

����� 18.482 [Formerly 23.310; repealed by 2005 c.542 �73]

����� 18.485 [1975 c.599 �3; 1987 c.774 �7; 1995 c.696 �5; renumbered 31.610 in 2003]

����� 18.486 [Formerly 23.440; repealed by 2005 c.542 �73]

����� 18.490 [1975 c.599 �5; renumbered 31.615 in 2003]

����� 18.492 [2003 c.576 �38; repealed by 2005 c.542 �73]

����� 18.494 [2003 c.576 �39; repealed by 2005 c.542 �73]

����� 18.500 [Formerly 41.950; renumbered