2017 ORS 18.978¹
Court proceedings on objections

(1) If an objection is filed under ORS 18.971 (Objection to redemption notice) or 18.973 (Objection to response), the sheriff shall transmit to the court administrator copies of all records relating to the sale that are within the sheriff’s possession.

(2) The court shall schedule a hearing on an objection filed under ORS 18.971 (Objection to redemption notice) or 18.973 (Objection to response) as soon as possible.

(3) If a certificate holder files an objection under ORS 18.971 (Objection to redemption notice), and the court determines that the claimant is eligible to redeem, the court shall direct the sheriff to issue a certificate of redemption to the claimant, dated as of the date that the receipt was issued under ORS 18.975 (Payment of redemption amount). If the court determines that the claimant is not eligible to redeem, the court shall direct the sheriff to refund all amounts paid by the claimant to the sheriff.

(4) If an objection is filed by a claimant under ORS 18.973 (Objection to response), the court shall determine the proper redemption amount. If the court determines that the proper redemption amount is greater than the amount paid under ORS 18.975 (Payment of redemption amount), the court shall direct the sheriff to issue a certificate of redemption to the claimant upon payment of the additional amounts plus interest within 10 days after entry of the court’s order, dated as of the date that the receipt was issued under ORS 18.975 (Payment of redemption amount). If the additional amounts and interest are not paid within the time allowed, the redemption is void and the sheriff shall refund to the claimant all amounts paid to the sheriff. If the court determines that the proper redemption amount is less than the amount paid under ORS 18.975 (Payment of redemption amount), the court shall direct the sheriff to issue a certificate of redemption to the claimant, dated as of the date that the receipt was issued under ORS 18.975 (Payment of redemption amount), and order a refund to the claimant of the amounts determined by the court to be in excess of the proper redemption amount.

(5) Upon issuance of a certificate of redemption under this section, the sheriff shall deliver to the certificate holder the amount determined to be the proper redemption amount.

(6) If the court determines under subsection (4) of this section that the proper redemption amount is greater than the amount paid under ORS 18.975 (Payment of redemption amount), and determines that the amount specified in the redemption notice does not represent a good faith attempt to determine the proper redemption amount, the court shall enter judgment against the claimant for all attorney fees incurred by the certificate holder in the proceedings. [2005 c.542 §44f]

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 court’s 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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 18, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano018.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.