2015 ORS 18.963¹
Who may redeem

(1) Subject to subsection (3) of this section, property that is described in ORS 18.962 (Property that may be redeemed) and that is sold at an execution sale may be redeemed by:

(a) The judgment debtor;

(b) A mortgagor whose interest in the property was sold at the execution sale;

(c) Any person with a lien against the property that has a priority that is inferior to the claim of the judgment creditor; or

(d) The successor in interest of any person described in paragraph (a), (b) or (c) of this subsection.

(2) Subject to subsection (3) of this section, for the purposes of ORS 18.960 (Definitions) to 18.985 (Sheriff's deed):

(a) All references to a judgment debtor include a mortgagor whose interest in the property that was sold at the execution sale and any successor in interest to such a mortgagor;

(b) All references to a judgment debtor include a successor in interest to a judgment debtor; and

(c) A person described in subsection (1)(c) of this section, and any successor in interest of that person, is a lien claimant.

(3) Any person described in subsection (1) of this section who conveys all of the person’s interest in property sold on execution to a successor in interest may not redeem the property. [2005 c.542 §39]

Notes of Decisions

Under Former Similar Statute (Ors 18.568)

In general

Statutes providing for redemp­tion of real prop­erty sold on execu­tion apply to foreclosure of delinquent county assess­ments levied under ORS chapter 371. Rink v. Kortge, 276 Or 505, 555 P2d 775 (1976)

Where mortgagors grantee redeems prop­erty, redeemed prop­erty is subject to all junior liens on prop­erty existing prior to foreclosure. Franklin v. Spencer, 309 Or 476, 789 P2d 643 (1990)

Oregon law re­gard­ing redemp­tion is not preempted by federal law because this sec­tion provides pro­ce­dure for Federal Deposit Insurance Corpora­tion to protect its interest. Cooley v. Fredinburg, 114 Or App 532, 836 P2d 162 (1992), Sup Ct review denied

Who may redeem

Owner of prop­erty sold for delinquent county assess­ment is equivalent to judg­ment debtor or mortgagor for redemp­tion purposes. Rink v. Kortge, 276 Or 505, 555 P2d 775 (1976)

Assignee of unjoined pendente lite junior lien creditor had right of redemp­tion under this sec­tion because her interest was foreclosed by virtue of opera­tion of doctrine of lis pendens. Land Associates v. Becker, 294 Or 308, 656 P2d 927 (1982)

Notes of Decisions

Under Former Similar Statutes (Ors 18.565 to 18.598)

Redemp­tion statutes are remedial and are to be liberally construed. Silbernagel v. Goin, 31 Or App 545, 570 P2d 1011 (1977), Sup Ct review denied

Law Review Cita­tions

Under Former Similar Statutes (Ors 18.565 to 18.598)

67 OLR 287 (1988)

Chapter 18

Notes of Decisions

If terms used by trial court suffice to convey courts concluding decision or decisions, and if terms are set forth in docu­ment properly titled as judg­ment, then judg­ment docu­ment contains judg­ment. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)


1 Legislative Counsel Committee, CHAPTER 18—- Judgments, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors018.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 18, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano018.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.