Oregon Code § 18.938·Enacted ·Last updated March 01, 2026
Statute Text
Manner
of payment.
(1)
Except as provided in this section, a sheriff shall accept as payment from a
purchaser of real property at an execution sale a cashiers check or cash.
Except as provided in this section, a sheriff shall accept any combination of
cashiers checks or cash that is adequate to pay the purchase price.
(2) A sheriff
shall accept a cashiers check as payment from a purchaser at an execution sale
only if the cashiers check is made payable to the sheriff and is drawn on a
financial institution that is authorized to do business under the laws of
Oregon or the United States.
(3) If any part
of the purchase price at an execution sale is paid with a cashiers check, the
sheriff shall give the purchaser a receipt for the funds in lieu of a
certificate of sale under ORS 18.942. The receipt must state that the purchaser
is the successful bidder and must describe the property sold.
(4) If any part
of the purchase price at an execution sale is paid with a cashiers check, the
sheriff shall deposit the check in a financial institution not later than the
end of the first business day after the day on which the sale is conducted. The
check must be deposited in a separate account.
(5) If the
sheriff receives verification from a financial institution within 15 days after
the date of the execution sale that all cashiers checks delivered to the
sheriff for a purchase have received final settlement, the sale is effective as
of the date and hour of the sale, and the purchaser has priority over any
interest acquired in the real property after that time. The sheriff shall thereafter:
(a) Mail to the
purchaser by first class mail a certificate of sale as provided under ORS
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 18.938
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
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