2017 ORS 88.106¹
Sale and redemption
  • effect of sheriff’s deed

A judgment of foreclosure shall order the mortgaged property sold. Property sold on execution issued upon a judgment may be redeemed in like manner and with like effect as property sold at an execution sale pursuant to ORS 18.860 (Function of writ) to 18.993 (Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure), and not otherwise. A sheriff’s deed for property sold on execution issued upon a judgment shall have the same force and effect as a sheriff’s deed issued for property sold at an execution sale pursuant to ORS 18.860 (Function of writ) to 18.993 (Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure). [Formerly 88.080]

Chapter 88

Notes of Decisions

Foreclosure is governed by statutes which do not require court to parti­tion prop­erty before sale. John Hancock Mutual Life Ins. Co. v. Arnold, 85 Or App 140, 735 P2d 1270 (1987), Sup Ct review denied

Where mortgagor’s 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)

Atty. Gen. Opinions

Impair­ment of mortgagee’s remedy of foreclosure where local planning authorities, under local parti­tion ordinance, deny permission to foreclose mortgage, (1978) Vol 38, p 2148

1 Legislative Counsel Committee, CHAPTER 88—Foreclosure of Mortgages and Other Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors088.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 88, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano088.­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.