§ 18.980 Accounting

Codes > Oregon Revised Statutes > Title 2 > Chapter 18 : Execution Sale > (Redemption) : 18.980

18.980. Accounting

    (1) A judgment debtor may require that a certificate holder provide an accounting under this section by including a request for an accounting in the redemption notice. If a redemption notice includes a request for an accounting, the certificate holder shall attach an accounting to the response given under ORS 18.972. The accounting must reflect:

        (a) The amount of any taxes the certificate holder has paid on the property, with interest at the rate of nine percent per annum from the date of payment.

        (b) Any amounts necessarily expended by the certificate holder to prevent waste, with interest at the rate of nine percent per annum from the date of payment.

        (c) Any amounts that the certificate holder has paid on liens superior to the lien of the certificate holder, with interest at the rate of nine percent per annum from the date of payment.

        (d) The amount owing on the lien of the certificate holder, if the certificate holder is a redemptioner.

        (e) The net proceeds of rents, income or profits from the property by the certificate holder while the certificate holder has been in possession of the property.

    (2) If a redemption notice includes a request for an accounting and the certificate holder fails to respond as required by ORS 18.972, the time for paying the redemption amount is automatically extended to 30 days after the redemption date specified in the redemption notice or until the time specified by subsection (4) of this section if a claimant files a motion under subsection (3) of this section.

    (3) If a redemption notice includes a request for an accounting, and the certificate holder fails to respond as required by ORS 18.972, the claimant may file a motion with the court requesting an order requiring the certificate holder to show cause why the certificate holder should not be held in contempt. A motion under this subsection must be made not more than 28 days after the redemption notice is served on the certificate holder. The claimant must deliver a copy of the motion to the sheriff.

    (4) If a motion is filed under subsection (3) of this section:

        (a) The time for redemption of the property is automatically extended to 30 days after the accounting is provided by the certificate holder; and

        (b) The time for paying the redemption amount is automatically extended to 30 days after the accounting is provided by the certificate holder.