2015 ORS 18.968¹
Setoff for rents, income and profits realized by certificate holder
  • certificate holder’s lien for crops and amounts expended to prevent waste

(1) A judgment debtor is entitled to a setoff against the amounts required to redeem property sold at an execution sale for all rents, income and profits realized by the certificate holder from the property.

(2) If the real property sold at an execution sale is farmland, the certificate holder has a lien on the first crops sown or grown after the sale and for all sums reasonably expended by the certificate holder in plowing, cultivating or seeding the property. The lien of the certificate holder is superior to all other liens except the liens provided by law for payment of wages for work in cultivating the land or harvesting the crops grown on the property. If the real property is not farmland, the certificate holder has a lien on the profits accruing from the property during the period that the certificate holder held the land for sums necessarily expended by the certificate holder to prevent waste. [2005 c.542 §43]

Notes of Decisions

Under Former Similar Statute (Ors 18.582)

Redemp­tioner may not reduce setoff amount by deducting expenses unrelated to maintenance and upkeep of building. State ex rel Dir. of Veterans Affairs v. Montgomery, 41 Or App 127, 597 P2d 835 (1979)

Law Review Cita­tions

Under Former Similar Statute (Ors 18.582)

16 WLR 891 (1980)

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.