§ 18.950 Delivery and distribution of proceeds

Codes > Oregon Revised Statutes > Title 2 > Chapter 18 : Execution Sale > (Conduct of : 18.950

18.950. Delivery and distribution of proceeds

    (1) After the deduction of all sheriff's fees and costs allowed by law that have not been paid by the judgment creditor, and deduction of all other amounts required by law, the sheriff shall deliver all net proceeds from an execution sale to the court administrator with the sheriff's return on the writ. The court shall enter an order of distribution for the proceeds. An order directing distribution to the judgment creditor may be entered ex parte.

    (2) A judgment creditor is entitled to recover from the proceeds of the sale all of the following costs of sale paid by the judgment creditor:

        (a) Sheriff's fees;

        (b) The cost of any title report required to determine persons entitled to notice under ORS 18.918 (2);

        (c) The cost of any indemnity bond or letter of credit required by ORS 18.886;

        (d) Amounts that may be recovered by the judgment creditor under ORS 18.999;

        (e) Services fees that may be recovered as costs under ORS 18.912; and

        (f) Recording fees incurred pursuant to ORS 18.870.

    (3) The court shall order that the costs specified in subsection (2) of this section be paid before application of the remaining proceeds to satisfaction of the judgment.

    (4) If any proceeds from an execution sale remain after the payment of costs under subsection (3) of this section and satisfaction of the judgment, the court administrator shall pay the remaining proceeds as directed by the court in the order of distribution.