Hearing on motion for order authorizing sale of residential property
(1) Whether or not the judgment debtor appears at the hearing, the court shall inquire as to the facts alleged in a motion filed under ORS 18.906 (Motion for order authorizing sale of residential property) and make a summary determination on the motion.
(2) The court shall authorize sale of the property pursuant to a motion filed under ORS 18.906 (Motion for order authorizing sale of residential property) unless the court finds:
(a) That the property is the homestead of the judgment debtor;
(b) That the judgment is subject to the homestead exemption; and
(c) That the amount of the judgment or judgments was $3,000 or less at the time of entry of the judgment or judgments as described in ORS 18.395 (Homestead exemption) (7) and 18.428 (Exemption for manufactured dwellings and floating homes) (9).
(3) If the court authorizes the sale of residential property, the order must state whether the homestead exemption applies to the property. If the homestead exemption does apply to the property, the order must state the allowed amount of the exemption.
(4) If the court authorizes the sale of residential property, the judgment creditor may recover the costs of service of the motion and notice under ORS 18.908 (Notice of motion for order authorizing sale of residential property) as part of the costs of the sale. [2005 c.542 §19]
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. Currency Information