Oregon Statutes 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.
Terms Used In Oregon Statutes 18.904
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Execution: means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law. See Oregon Statutes 18.005
- Judgment: means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document. See Oregon Statutes 18.005
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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]
[2001 c.249 § 83; renumbered 18.857 in 2005]