Chapter 018

 

      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)

 

      18.005

 

NOTES OF DECISIONS

 

      “Claim” includes request filed under ORCP 68C for supplemental judgment rendering attorney fees. Galfano v. KTVL-TV, 196 Or App 425, 102 P3d 766 (2004)

 

      Supplemental judgment arising from limited judgment, but entered before entry of general judgment, is not valid. Interstate Roofing, Inc. v. Springville Corp., 217 Or App 412, 177 P3d 1 (2008), modified 220 Or App 671, 188 P3d 359 (2008), modified 224 Or App 94, 197 P3d 27 (2008), overruled on other grounds, 347 Or 144, 218 P3d 113 (2009)

 

LAW REVIEW CITATIONS: 44 WLR 377 (2007)

 

      18.038

 

NOTES OF DECISIONS

 

Under former similar statute (ORCP 70)

 

      Judgment which otherwise meets requirements of this rule is not ineffective because it is not set forth in separate document. Gibson v. Benj. Franklin Fed. Svgs. and Loan, 294 Or 702, 662 P2d 703 (1983)

 

      Order intended to dispose of case does not substitute for properly labeled judgment and is not final and appealable. City of Portland v. Carriage Inn, 296 Or 191, 673 P2d 531 (1983); State ex rel Lowell v. Eads, 148 Or App 56, 939 P2d 74 (1997)

 

      Two or more documents may constitute final judgment when considered together if they adjudicate every claim presented and determine rights and liabilities of each party. State ex rel Zidell v. Jones, 301 Or 79, 720 P2d 350 (1986); State ex rel Orbanco Real Estate Serv. v. Allen, 301 Or 104, 720 P2d 365 (1986)

 

      18.042

 

LAW REVIEW CITATIONS: 44 WLR 377 (2007)

 

      18.075

 

NOTES OF DECISIONS

 

Under former similar statute (ORCP 70)

 

      Where clerk’s notation of filing in register does not accurately identify underlying disposition as being judgment, entry of judgment is not “effective.” Patrick v. Otteman, 158 Or App 175, 974 P2d 217 (1999), Sup Ct review denied

 

Under former similar statute (ORS 18.030)

 

      Time for filing notice of appeal under ORS 19.225 is to be computed from date of clerk’s entry of judgment in journal. Blackledge v. Harrington, 289 Or 139, 611 P2d 292 (1980)

 

In general

 

      Where court administrator enters judgment in register, error in designating type of judgment does not affect appealability of judgment. Garcia v. DMV, 195 Or App 604, 99 P3d 316 (2004)

 

      Supplemental judgment arising from limited judgment, but entered before entry of general judgment, is not valid. Interstate Roofing, Inc. v. Springville Corp., 217 Or App 412, 177 P3d 1 (2008), modified 220 Or App 671, 188 P3d 359 (2008), modified 224 Or App 94, 197 P3d 27 (2008), overruled on other grounds, 347 Or 144, 218 P3d 113 (2009)

 

LAW REVIEW CITATIONS

 

In general

 

      44 WLR 377 (2007)

 

      18.078

 

NOTES OF DECISIONS

 

Under former similar statute (ORCP 70)

 

      Although appellant was never sent required notice of entry of judgment and although rule provides that judgment is effective only when entered as provided in rule, that provision cannot modify ORS 19.255 which is jurisdictional and provides that time for appeal begins when judgment is entered. Junction City Water Control v. Elliot, 65 Or App 548, 672 P2d 59 (1983); Amvesco, Inc. v. Key Title Co., 69 Or App 740, 687 P2d 1121 (1984); U.S. National Bank v. Heggemeier, 106 Or App 693, 810 P2d 396 (1991)

 

Under former similar statute (ORS 18.030)

 

      Clerk’s failure to comply with administrative duty to mail copy of judgment and notice of date of entry to party under this section did not invalidate judgment or require its re-entry. Far West Landscaping v. Modern Merchandising, 287 Or 653, 601 P2d 1237 (1979)

 

      18.082

 

NOTES OF DECISIONS

 

      Where court administrator enters judgment in register, error in designating type of judgment does not affect appealability of judgment. Garcia v. DMV, 195 Or App 604, 99 P3d 316 (2004)

 

      Pending motion for new trial makes judgment temporarily nonappealable, but does not prevent enforcement of judgment. Thompson v. Tlat, Inc., 205 Or App 518, 134 P3d 1099 (2006)

 

      General judgment of dismissal has effect of dismissing otherwise unresolved claims without prejudice. Interstate Roofing, Inc. v. Springville Corp., 217 Or App 412, 177 P3d 1 (2008), modified 220 Or App 671, 188 P3d 359 (2008), modified 224 Or App 94, 197 P3d 27 (2008), overruled on other grounds, 347 Or 144, 218 P3d 113 (2009)

 

      Where appellate court is determining trial court’s concluding decision on claim or claims, court must make determination solely on basis of what is written in judgment document. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)

 

      18.150

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 18.350)

 

      A judgment lien attaches to the excess value of property over the homestead exemption granted in a bankruptcy discharge; overruling Boyd v. Ore., 249 Or 513, 439 P2d 862 (1968). Mendenhall v. NW Credit Adjusters, Inc., 263 Or 104, 500 P2d 702 (1972)

 

      Judgment lien attaches only against property interest actually held by debtor at or after time lien was docketed. Wilson v. Willamette Industries, 280 Or 45, 569 P2d 609 (1977)

 

      Judgments and tax liens filed in county where real property was located did not attach to property previously awarded to debtor’s spouse in divorce decree elsewhere and not recorded in that county. United Finance Co. v. King, 285 Or 173, 590 P2d 228 (1979)

 

      Where real property belongs to subject of protective proceeding, providing for welfare of protected person and payment of administrative expenses statutorily supersedes priority given perfected lien against real property. Crofoot v. Oregon State Bar, 54 Or App 151, 634 P2d 284 (1981)

 

      Bankruptcy trustee’s determination that house has no value to bankruptcy estate is not judicial determination which prevents judgment creditor from contesting value of house in later proceeding under [former] ORS 23.280 to discharge judgment lien. North Coast Electric v. Kenney’s Plumbing and Repair, 90 Or App 131, 750 P2d 1201 (1988), Sup Ct review denied

 

      In absence of both clear indication that severance of vendor’s right to receive contract payments under land sale contract from vendor’s legal title to land, and appropriate actions necessary to effect severance, judgment lien under this section attaches both to vendor’s right to receive contract payments and to vendor’s legal title to real property. Bedortha v. Sunridge Land Co., Inc., 312 Or 307, 822 P2d 694 (1991)

 

      Judgment liens of creditors of loan broker did not attach to real property recorded in name of loan broker, because loan broker held real property as trustee in resulting trust. Certified Mortgage Co. v. Shepherd, 115 Or App 228, 838 P2d 1082 (1992)

 

In general

 

      Entry of judgment, alone, does not create lien on judgment debtor’s personal property. In re Grogan, 476 B.R. 270 (Bkrtcy. D. Or. 2012)

 

LAW REVIEW CITATIONS

 

In general

 

      44 WLR 377 (2007)

 

      18.165

(formerly 18.370)

 

NOTES OF DECISIONS

 

      Failure to record legitimate transfer of property occurring prior to docketing of judgment does not make transferred property subject to judgment lien against transferror. Wilson v. Willamette Industries, 280 Or 45, 569 P2d 609 (1977)

 

      Federal tax liens are not judgments for purposes of this section as no statute has conferred this status upon them. United Finance Co. v. King, 285 Or 173, 590 P2d 228 (1979)

 

      Judgment liens of creditors of loan broker did not attach to real property recorded in name of loan broker, because loan broker held real property as trustee in resulting trust. Certified Mortgage Co. v. Shepherd, 115 Or App 228, 838 P2d 1082 (1992)

 

      Purported conveyance of real property from individual to trust by means of 2013 deed recorded within 20 days after judgment lien against real property was recorded was void as matter of law despite recitation in memorandum of conveyance that memorandum recorded conveyance that occurred in 2010 when memorandum states that no consideration existed for conveyance. South Valley Bank & Trust v. Colorado Dutch, LLC, 291 Or App 175, ___ P3d ___ (2018)

 

      18.180

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 18.360)

 

      A divorce property settlement agreement that required one party to maintain life insurance for the benefit of his minor children did not merge in the divorce decree and did not expire for failure to renew under this section. Carothers v. Carothers, 260 Or 99, 488 P2d 1185 (1971)

 

      Appeal from circuit court to the Supreme Court does not vacate or nullify the decree sought to be reviewed. Malick v. Malick, 271 Or 183, 530 P2d 1243 (1975)

 

      Assignee of unrecorded assignment may renew judgment on underlying debt. First National Bank v. Jack Mathis General Contractor, Inc., 274 Or 315, 546 P2d 754 (1976)

 

      Attempted renewal of judgment in name of deceased judgment creditor was not effective and judgment should have been renewed in name of decedent’s beneficiary, real party in interest. Hamilton v. Hughey, 284 Or 739, 588 P2d 38 (1978)

 

      Renewal of judgment brought in name of deceased creditor by lawful successors to creditor was valid, though subject to amendment to reflect real parties in interest. Reutter v. RWS Construction, Inc., 128 Or App 365, 875 P2d 1187 (1994)

 

      Ability to renew dissolution judgment within 10 years after future payment is due applies only to judgment that provides for future payment to occur 10 or more years after date of entry of judgment. Carroll v. Murphy, 186 Or App 59, 61 P3d 964 (2003)

 

      Period during which judgment and lien exist is not subject to tolling provisions. Oregon Recovery, LLC v. Lake Forest Equities, Inc., 229 Or App 120, 211 P3d 937 (2009)

 

      18.190

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 107.126)

 

      Failure to renew judgment within allowed period destroys lien for support installments becoming final more than 10 years before lien, but does not prevent renewal of judgment for support installments becoming final within previous 10 years. Hansen v. Hansen, 272 Or 686, 538 P2d 935 (1975)

 

      Ten-year life of judgment lien entered under divorce decree commences on date final judgment was issued, not on date it becomes enforceable. Ostlund v. Ostlund, 98 Or App 540, 779 P2d 1096 (1989); Hernandez and Hernandez, 108 Or App 725, 816 P2d 1211 (1991)

 

      18.192

 

NOTE: Repealed as of June 2, 2015; but see sec. 20, c. 212, Oregon Laws 2015

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 107.126)

 

      Failure to renew judgment within allowed period destroys lien for support installments becoming final more than 10 years before lien, but does not prevent renewal of judgment for support installments becoming final within previous 10 years. Hansen v. Hansen, 272 Or 686, 538 P2d 935 (1975)

 

      18.228

 

NOTES OF DECISIONS

 

      Satisfaction document must be signed by judgment creditor or by attorney who represents judgment creditor. Baldwin and Baldwin, 257 Or App 346, 306 P3d 737 (2013), Sup Ct review denied

 

      18.235

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 18.410)

 

      Requirement that payments on judgment be listed does not limit method of satisfaction to payment on judgment. Bird v. Norpac Foods, Inc., 132 Or App 349, 888 P2d 118 (1995), aff’d 325 Or 55, 934 P2d 382 (1997)

 

In general

 

      Provisions requiring trial court administrator to note in register and in judgment lien record satisfaction of money award does not require trial court administrator to note partial satisfaction of money award. Baldwin and Baldwin, 257 Or App 346, 306 P3d 737 (2013), Sup Ct review denied

 

      18.238

(formerly 18.420)

 

NOTES OF DECISIONS

 

      Discharge of judgment rendered by court in suit, action or proceeding is inapplicable to discharge judgment lien against homestead of bankrupt. Pimentel v. White, 79 Or App 620, 720 P2d 758 (1986)

 

      18.312

(formerly 23.105)

 

NOTES OF DECISIONS

 

      Secured creditor’s reliance on security interest in property is not claim against estate and therefore is not subject to pro rata distribution. Heiller v. Nelson, 127 Or App 189, 872 P2d 26 (1994)

 

LAW REVIEW CITATIONS: 26 WLR 286 (1990)

 

      18.345

(formerly 23.160)

 

NOTES OF DECISIONS

 

      Employee Retirement Income Security Act does not preempt state exemption of disability benefits from garnishment. Standard Ins. Co. v. Saklad, 119 Or App 91, 849 P2d 1150 (1993), Sup Ct review denied

 

      Where liens attached specifically to payment made on account of bodily injury and had statutory priority over disbursement to defendant, only amount defendant had right to receive after satisfaction of liens counted toward exemption limit. Valley Credit Service, Inc. v. Kelley, 165 Or App 169, 994 P2d 1229 (2000)

 

      Automobile parts collected from different sources that have never been assembled but, if assembled, would make automobile do not constitute vehicle. In re McMillin, 441 B.R. 348 (Bkrtcy. D. Or. 2010)

 

LAW REVIEW CITATIONS: 50 WLR 619 (2014)

 

      18.348

(formerly 23.166)

 

NOTES OF DECISIONS

 

      Funds traceable to wages remain exempt from bankruptcy following deposit into debtor’s bank account. In re Platt, 270 B.R. 773 (Bkrtcy. D. Or. 2001)

 

      18.358

(formerly 23.170)

 

NOTES OF DECISIONS

 

      Public employe pensions are exempt from execution to satisfy support obligations. Bresnan v. Bresnan, 42 Or App 739, 601 P2d 851 (1979)

 

      Contributions to Keogh plan by self-employed physicians were not exempt from claims for creditors under this section. Hebert v. Fliegel, 813 F2d 999 (1987)

 

      Social security benefits represent recipient’s interest in retirement plan. Hobson v. Hobson, 136 Or App 516, 901 P2d 914 (1995)

 

      Judgment based on value accruing to retirement account of domestic partner during period of cohabitation is not beneficial interest in retirement account and therefore is not exempt from execution. In re Wilbur, 126 F3d 1218 (9th Cir. 1997)

 

LAW REVIEW CITATIONS: 40 WLR 1 (2004)

 

      18.370

 

      See annotations under ORS 18.165.

 

      18.375

(formerly 23.175)

 

NOTES OF DECISIONS

 

      Workers’ Compensation benefits exemption from garnishment includes exemption from garnishment for enforcement of child support obligations. Satterfield v. Satterfield, 292 Or 780, 643 P2d 336 (1982)

 

      As used in definition of “earnings,” “retirement program” has same meaning given to “retirement plan” under [former] ORS 23.170. Hobson v. Hobson, 136 Or App 516, 901 P2d 914 (1995)

 

ATTY. GEN. OPINIONS: Computation of amount subject to garnishment where employe’s wages subject both to court-ordered wage assignment for child or spousal support and to wage garnishment, (1979) Vol 39, p 457

 

LAW REVIEW CITATIONS: 40 WLR 1 (2004)

 

      18.385

(formerly 23.186)

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 23.185)

 

      Social security benefits are earnings subject to garnishment limitations where not otherwise totally exempted by [former] ORS 23.166. Hobson v. Hobson, 136 Or App 516, 901 P2d 914 (1995)

 

      Debtor may exempt earnings from garnishment only where employer-employee relationship exists. In re Osworth, 234 B.R. 497 (9th Cir. BAP 1999)

 

      Earnings excluded from garnishment are exempt in bankruptcy. In re Robinson, 241 B.R. 447 (9th Cir. BAP 1999); In re Platt, 270 B.R. 773 (Bkrtcy. D. Or. 2001)

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 23.185)

      Applicability of garnishment limitation to wage assignments for child support under [former] ORS 23.777, (1978) Vol 39, p 370

 

      18.395

(formerly 23.240)

 

NOTES OF DECISIONS

 

In general

 

      Statutory homestead exemption did not apply where execution sale was on a judgment rendered in partition proceedings concerning land for which exemption was sought. Dressler v. Dressler, 261 Or 265, 493 P2d 1053 (1972)

 

      Judgment lien attaches to excess value of property over homestead exemption granted in bankruptcy discharge. Mendenhall v. NW Credit Adjusters, Inc., 263 Or 104, 500 P2d 702 (1972)

 

      Order of referee in bankruptcy of homestead exemption is not res judicata with reference to existence of lienable value above the exempt homestead; overruling Boyd v. Oregon, 249 Or 513, 439 P2d 862 (1968). Mendenhall v. NW Credit Adjusters, Inc., 263 Or 104, 500 P2d 702 (1972)

 

      In a suit brought by a trustee in bankruptcy to set aside a conveyance for being in fraud of creditors, the grantors may claim the property was exempt as a homestead even though the exemption was not claimed in the bankruptcy petition. Garrison v. Seiber, 266 Or 368, 513 P2d 1180 (1973)

 

      Bankruptcy discharges personal debts of bankrupt person and therefore does not remove lien on real property owned by bankrupt person. Everett v. Pape Bros., Inc., 269 Or 575, 525 P2d 996 (1974)

 

      The value of the homestead exemption should be measured as of the time of sale or execution. Wilkinson v. Carpenter, 277 Or 557, 561 P2d 607 (1977)

 

      This section applies to a levy of execution by a creditor so as to limit the creditor’s leviable interest following the transfer of the property and to a discharge of the debtor in bankruptcy, but not to discharge proceedings commenced under [former] ORS 23.280. Credit Service Co. v. Cameron, 41 Or App 57, 597 P2d 363 (1979)

 

      Bankruptcy estate may not deduct homestead exemption paid to debtor when reporting taxable gain realized from sale of property. In re Sturgill, 217 B.R. 291 (Bkrtcy. D. Or. 1998)

 

      Debtor’s homestead exemption may be applied to property located outside state. In re Stratton, 269 B.R. 716 (Bkrtcy. D. Or. 2001)

 

      Lien created by property division judgment issued under ORS 107.105 is exception to homestead exemption from sale on execution. Maresh and Maresh, 190 Or App 228, 78 P3d 157 (2003), Sup Ct review denied

 

      Homestead exemption claimed by person owning possessory interest in leased property where person resides applies to prepaid rents and security deposits held by landlord. In re Casserino, 290 B.R. 735 (9th Cir. BAP 2003)

 

      Where debtor owns homestead on date bankruptcy petition is filed, proceeds from subsequent sale retain exemption from application toward prepetition debts regardless of whether debtor intends to reinvest proceeds in new homestead. In re Lane, 364 B.R. 760 (Bkrtcy. D. Or. 2007)

 

      Monthly rent is exempt reinvestment in homestead. In re Wynn, 369 B.R. 605 (Bkrtcy. D. Or. 2007)

 

Persons entitled to claim

 

      The grantee of the homestead owner is entitled to raise the homestead exemption as a defense. Smith v. Popham, 266 Or 625, 513 P2d 1172 (1973)

 

      Judgment lien against family residence awarded husband in divorce decree was not sufficient ownership to constitute homestead under this section. In re White, 727 F2d 884 (1984)

 

      Where real property was not homestead at time of plaintiffs’ petition for sale at execution or at time of defendants’ notice of intent to discharge property from plaintiffs’ judgment lien, defendants were not entitled to protections provided for homestead. Bourgeois v. Grenfell, 72 Or App 415, 695 P2d 974 (1985), Sup Ct review denied

 

      Person owning possessory interest in leased property where person resides may claim homestead exemption to extent of interest. In re Casserino, 290 B.R. 735 (9th Cir. BAP 2003)

 

Amount of exemption

 

      Value of the land claimed is determined at the time it is sold on execution. Smith v. Popham, 266 Or 625, 513 P2d 1172 (1973)

 

      In determining whether or not a purchaser from the judgment debtor has sufficient equity in the homestead property to allow the judgment creditor to levy against the homestead, court should not count increase in the purchaser’s equity due solely to purchaser’s discharge of a senior lien. W. J. Seufert Land Co. v. Greenfield, 273 Or 408, 541 P2d 814 (1975)

 

      Where $12,000 exemption, plus costs of sale, exceeded defendants’ equity in property, all of sale proceeds were exempt from judgment lien. State ex rel Nilsen v. Jones, 33 Or App 581, 577 P2d 541 (1978)

 

      Where divorcing couple files joint petition for bankruptcy and claims single joint exemption, couple may choose amount of joint exemption allocated to each party under dissolution judgment. In re Wynn, 369 B.R. 605 (Bkrtcy. D. Or. 2007)

 

LAW REVIEW CITATIONS: 8 WLJ 327-340 (1972); 55 OLR 233-235 (1976); 65 OLR 481 (1986)

 

      18.402

(formerly 23.250)

 

NOTES OF DECISIONS

 

      Debtor’s homestead exemption may be applied to property located outside state. In re Stratton, 269 B.R. 716 (Bkrtcy. D. Or. 2001)

 

      18.412

(formerly 23.280)

 

NOTES OF DECISIONS

 

      [Former] ORS 23.240 (4) (valuation of homestead property of debtor discharged in bankruptcy or which is sold by debtor) has no application to proceedings initiated under this section to discharge a judgment lien. Credit Service Co. v. Cameron, 41 Or App 57, 597 P2d 363 (1979)

 

      Where real property was not homestead at time of plaintiffs’ petition for sale at execution or at time of defendants’ notice of intent to discharge property from plaintiffs’ judgment lien, defendants were not entitled to protections provided for homestead by this section or [former] ORS 23.445. Bourgeois v. Grenfell, 72 Or App 415, 695 P2d 974 (1985), Sup Ct review denied

 

      Bankruptcy trustee’s determination that house has no value to bankruptcy estate is not judicial determination which prevents judgment creditor from contesting value of house in later proceeding under this section to discharge judgment lien. North Coast Electric v. Kenney’s Plumbing and Repair, 90 Or App 131, 750 P2d 1201 (1988), Sup Ct review denied

 

LAW REVIEW CITATIONS: 65 OLR 481, 483 (1986)

 

      18.420

 

      See annotations under ORS 18.238.

 

      18.428

(formerly 23.164)

 

NOTE: Repealed as of June 26, 2009

 

NOTES OF DECISIONS

 

      Under this section possessory interest in land until option was exercised or lapsed was interest to which homestead exemption would attach. Troutman v. Erlandson, 44 Or App 239, 605 P2d 1200 (1980)

 

      Occupancy of property as sole residence by child of owner less than one year prior to date of creditor’s petition is not grounds for exemption. Salchenberg and Salchenberg, 126 Or App 338, 868 P2d 772 (1994), Sup Ct review denied

 

      Determination of leviable interest at date of bankruptcy is pertinent only if property continues to be homestead on date of creditor’s petition. Salchenberg and Salchenberg, 126 Or App 338, 868 P2d 772 (1994), Sup Ct review denied

 

      Homestead exemption applies to equitable interests in specified residential properties. In re Lindquist, 395 B.R. 707 (Bkrtcy. D. Or. 2008)

 

      18.440

 

      See annotations under ORS 31.800.

 

      18.445

 

      See annotations under ORS 31.805.

 

      18.450

 

      See annotations under ORS 31.810.

 

      18.455

 

      See annotations under ORS 31.815.

 

      18.470

 

      See annotations under ORS 31.600.

 

      18.475

 

      See annotations under ORS 31.620.

 

      18.480

 

      See annotations under ORS 31.605.

 

      18.485

 

      See annotations under ORS 31.610.

 

      18.500 to 18.530

 

      See annotations under ORS 31.550 to 31.565.

 

      18.510

 

      See annotations under ORS 31.555.

 

      18.535

 

      See annotations under ORS 31.725.

 

      18.536

(formerly 23.445)

 

NOTE: Repealed as of January 1, 2006

      See annotations under ORS 18.906.

 

      18.537

 

      See annotations under ORS 31.730.

 

      18.540

 

      See annotations under ORS 31.735.

 

      18.548

(formerly 23.490)

 

      See annotations under ORS 18.948.

 

      18.550

 

      See annotations under ORS 31.740.

 

      18.560

 

      See annotations under ORS 31.710.

 

      18.565 to 18.598

 

(formerly 23.520 to 23.600)

      See annotations under ORS 18.960 to 18.985.

 

      18.568

(formerly 23.530)

 

      See annotations under ORS 18.963.

 

      18.572

(formerly 23.540)

 

      See annotations under ORS 18.964.

 

      18.578

(formerly 23.550)

 

      See annotations under ORS 18.967.

 

      18.580

 

      See annotations under ORS 31.580.

 

      18.582

(formerly 23.560)

 

      See annotations under ORS 18.964, 18.966 and 18.968.

 

      18.585

(formerly 23.570)

 

      See annotations under ORS 18.970.

 

      18.590

 

      See annotations under ORS 31.760.

 

      18.592

 

      See annotations under ORS 31.715.

 

      18.635

 

NOTES OF DECISIONS

 

      Where debtor has two wage sources and one source withholds maximum amount for payment of current child support and arrearage under ORS 25.414, wages from nonwithholding source are subject to garnishment for collection of remaining arrearage. Morrow and Morrow, 191 Or App 354, 82 P3d 647 (2004)

 

      18.782

 

NOTES OF DECISIONS

 

      Judge, not jury, is responsible for determining all issues of fact and law in contested garnishment hearing under this section, but where this section forces parties to litigate factual questions underlying insurance-coverage dispute to judge, not jury, this section is unconstitutional under Article I, section 17, Oregon Constitution, because it abrogates parties’ procedural right to jury trial for insurance-coverage dispute. Hunters Ridge Condo. Association v. Sherwood Crossing, 285 Or App 416, 395 P3d 892 (2017)

 

      18.878

 

NOTES OF DECISIONS

 

      “Personal property” includes growing crops, and this provision applies to such crops even if crops are constructively severed. In re Grogan, 476 B.R. 270 (Bkrtcy. D. Or. 2012)

 

      18.887

 

NOTES OF DECISIONS

 

      Court order requirement in section applies when sheriff seeking to enter structure or other enclosure to seize property under writ of execution lacks consent to enter enclosure and, therefore, must “forcibly enter;” if sheriff does not have consent to enter an enclosure, sheriff does not have legal authority to enter unless sheriff has court order authorizing him or her to do so. State v. Mast, 250 Or App 605, 282 P3d 916 (2012)

 

      18.906

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 18.536)

 

      Where real property was not homestead at time of plaintiffs’ petition for sale at execution or at time of defendants’ notice of intent to discharge property from plaintiffs’ judgment lien, defendants were not entitled to protections provided for homestead by this section or [former] ORS 23.280. Bourgeois v. Grenfell, 72 Or App 415, 695 P2d 974 (1985), Sup Ct review denied

 

      Where judgment debtor makes post-judgment transfer of residential real property to another natural person, execution sale of property is subject to claim by transferee natural person of homestead right in property. Premier West Bank v. GSA Wholesale, LLC, 196 Or App 640, 103 P3d 1169 (2004)

 

      18.948

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 18.548)

 

      Where no order had been entered confirming judicial sale under decree foreclosing mortgage, trial court could properly set aside such sale for mistake in decree relating to property covered by mortgage. Ensley-Koebel v. National Guaranty Properties, Inc., 279 Or 391, 568 P2d 655 (1977); Rich v. Bellamy, 282 Or 263, 577 P2d 1352 (1978)

 

      Where defendant and wife filed claim for homestead exemption with sheriff prior to sale of property, and plaintiffs failed to deny defendant’s right to homestead, order confirming sale was error. Troutman v. Erlandson, 46 Or App 273, 611 P2d 343 (1980)

 

      18.960 to 18.985

 

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)

 

      18.963

 

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 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)

 

      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)

 

      18.964

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 18.572)

 

      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)

 

Under former similar statute (ORS 18.582)

 

      “Date of sale” refers to date sheriff sells property at execution sale. Maas v. Bolinger, 261 Or 23, 492 P2d 276 (1971)

 

LAW REVIEW CITATIONS

 

Under former similar statute (ORS 18.582)

 

      16 WLR 891 (1980)

 

      18.966

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 18.582)

 

      Junior lien creditor redemption of property does not affect statutory amount judgment debtor must tender to redeem property. Duree v. Blair, 179 Or App 534, 40 P3d 540 (2002)

 

      18.967

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 18.578)

 

      Ability of lien creditor to redeem property from previous lien creditor redemptioner does not limit redemption right of judgment debtor or mortgagor. Duree v. Blair, 179 Or App 534, 40 P3d 540 (2002)

 

      18.968

 

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)

 

      18.970

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 18.585)

 

      Notwithstanding that purchaser failed to submit copy of judgment docket in attempting to redeem property purchased at sheriff’s sale, documents submitted by purchaser provided sheriff with adequate evidence of right to redeem and thus substantially complied with this section. Silbernagel v. Goin, 31 Or App 545, 570 P2d 1011 (1977), Sup Ct review denied

 

      Where notice of intent to redeem did not provide required period of notice, court had authority to order redemption date extended to later date within statutorily allowed redemption period. Household Finance v. Bacon, 58 Or App 267, 648 P2d 421 (1982), Sup Ct review denied