Oregon Revised Statutes
As used in the statutes of this state in reference to a chattel mortgage and action by the appropriate recording officer, “record,” “recorded” and “recording” mean “record or file,” “recorded or filed” or “recording or filing,” as the context requires. As used in this chapter: “Person” means an individual, organization, corporation, government, governmenta…
The county clerk in each county shall keep and maintain the records of the county governing body. The county clerk of any county in which the county court has judicial functions shall, for the county court: Keep the seal of the court, and affix it in all cases required by law. Record the proceedings of the court. Keep the records, files, books and papers…
The County Clerk Lien Record maintained under ORS 205.130 shall contain the following information for each order or warrant recorded: The name of any person subject to the order or warrant. The name of the officer and the agency that issued the order or warrant or the name of the complainant or claimant in whose favor an order of the Construction Contracto…
At any time after recording an order or warrant in the County Clerk Lien Record, a complainant or claimant or an attorney for an agency, complainant or claimant may file in the circuit court for the county where the order or warrant is recorded, a copy of the original order or warrant certified by the agency to be a true copy of original, and an affidavit of…
The County Clerk Lien Record in each county where the real property is located is the place of recording a lien filed pursuant to CERCLA, 100 U.S. Stat 1630.
The county clerk shall: Have the custody of, and safely keep and preserve, all files and records of deeds and mortgages of real property and a record of all maps, plats, contracts, powers of attorney and other interests affecting the title to real property required or permitted by law to be recorded. Record, or cause to be recorded, in a legible and perman…
Whenever the text of a document presented for recording may be made out but is not sufficiently legible to reproduce a readable photographic record, the county clerk shall require the person presenting it for recording to substitute a legible original document or prepare a true copy thereof by handwriting or typewriting and attach the same to the original as…
A transcript of the record of any instruments duly recorded by the county clerk in any county under the authority of ORS 205.130 and 205.160 to 205.190, or a photographic or photostatic copy thereof, duly certified by the county clerk, under the seal of office, may be recorded in the office of any county clerk or read in evidence in any court with like force…
The county court shall provide a suitable seal for the use of the county clerk.
The county clerk shall keep a direct general index and an indirect general index in the office of the clerk. The direct general index shall contain, but need not be limited to, the following: Date and time of reception. Names of grantors. Names of grantees. Nature or type of instrument. Volume and page where recorded or the instrument number. Remarks.…
The county clerk shall make in the appropriate record correct entries of every instrument required by law to be recorded. Whenever any instrument has been received for record, the county clerk shall immediately place upon such instrument a certificate, noting the day, hour and minute of its reception and fees received for recording and, when recorded, a ref…
Each county clerk shall maintain a record of all maps of towns, villages, or additions to the same, or cemeteries, within the county, together with any description, acknowledgment or other writing therein. The county clerk shall create and store the maps in accordance with archival standards for the preservation of the record. The clerk shall keep an index t…
Any copies of records of any estate administered in this state, certified to as true and correct by the clerk of the court in which the estate was or is being administered, shall be received and recorded by the officer having charge of the deed records of any county upon the payment of the fees required by law. A certified copy of such record shall be receiv…
As used in this section, “association” means an association formed under ORS 94.625, 94.846 or 100.405, or any other association in which a person holds membership by virtue of owning or possessing a real estate interest subject to assessment and lien authority pursuant to a recorded instrument. The board of directors or managing agent of an association may…
Except as provided in ORS 205.327, a county clerk shall not accept any instrument for recording unless the text of the instrument is typed, written or printed in 10-point type or larger on paper that is not larger than 14 inches long and 8-1/2 inches wide and which paper is of sufficient quality for recording photographically. However, this section does not …
When an instrument is presented to a county clerk for recording, the first page of the instrument must contain at least: The names of the transactions as required in ORS 205.236; The names of the persons described in ORS 205.125 (1)(a) and (b) and 205.160; The person to whom and, for mailing purposes only, the address to which the instrument will be deliv…
An instrument required or permitted by law to be recorded shall be clearly labeled in sufficient detail to enable the clerk to record the instrument in the appropriate record. An instrument describing two or more transactions required or permitted by law to be recorded as separate instruments may be recorded when the instrument is labeled in sufficient deta…
In every county, the county clerk shall return any instrument presented for recording to the person authorized to receive the instrument. The county clerk shall return the instrument by personally delivering or mailing the instrument not later than the 10th business day, not counting days on which the recording office is closed, after the date of recordation…
The office of the county clerk in every county shall establish regular business hours to receive and certify, as required under ORS 93.620, instruments presented for recording, for a minimum of four hours per day, and 30 hours per week, from Monday through Friday. Notwithstanding subsection (1) of this section: The county clerk may reduce the number of reg…
An instrument that has been previously recorded may be rerecorded to make corrections in the original instrument. The county clerk shall record an instrument presented for rerecording as provided in subsection (1) of this section. The corrected instrument need not be acknowledged again. The person presenting the instrument for rerecording shall cause a rere…
The county clerk shall record the following instruments required or permitted by law to be recorded and entered in the office of the county clerk: Financing statements recorded in the office of the county clerk under ORS 79A.5010 (1)(a); Hospital and physician liens recorded under ORS 87.565; Federal tax liens and certificates and notices affecting federa…
Any requirement by the laws of this state that an instrument described in ORS 205.246 be filed in the office of the county clerk or that an instrument be filed in deed or mortgage records shall be considered to be a requirement that such instruments be recorded instead of being filed.
COLLECTION AND DISPOSITION OF FEES
In every county there shall be charged and collected in advance by the county clerk, for the benefit of the county, the following fees, and no more, for the following purposes and services: For filing and making entry when required by law of any instrument required or permitted by law to be filed, when it is not recorded, $5 for each page. For filing and m…
In addition to and not in lieu of the fees charged and collected under ORS 205.320 and other fees, the county clerk shall charge and collect the following fees for the recording or filing of any instrument described in ORS 205.130: A fee of $1, to be credited as provided in subsection (4)(a) of this section; A fee of $10, to be credited as provided in subs…
When an instrument required or permitted by law to be recorded is presented to a county clerk for recording, if the instrument does not comply with the requirements of ORS 205.232 or 205.234, the county clerk shall record the instrument, but shall charge and collect in advance a penalty of $20. The penalty authorized and collected under this section is in ad…
The fee for performing the services set forth in ORS 92.090, 92.100 and 271.230, shall be set by ordinance of the county governing body.
The clerk of the county court shall receive and receipt for fees prescribed in ORS 21.170 that are collected by the clerk, stating in the receipt the amount so received, from whom received and on what account the amount was received, specifying the cause or proceeding. If it is ascertained at any time that the clerk has received any such fees not so accounte…
Within the first 10 days of the month following the month in which collected, all fees collected by a county clerk for recording and making entry of any instrument in the County Clerk Lien Record shall be paid to the county treasurer for deposit in a separate account in the county general fund. Moneys in such account shall be credited to the county clerk and…
Trial fees in the county court exercising judicial functions shall be paid to the clerk of the court, who shall keep a regular account of them, and by whom paid, in the fee book. The clerk shall pay the amount of such fees received to the treasurer of the county, as often as once a month, taking receipt therefor in duplicate, one of which the clerk shall fil…
Notwithstanding the provisions of ORS 182.040 to 182.060 and 205.320 relating to the time and manner of payment of fees to the county clerk, a state officer or state agency that records a warrant, order, a certified copy of the judgment or lien record abstract or other document with a county clerk for entry in the County Clerk Lien Record shall not be requir…
INVALID CLAIMS OF ENCUMBRANCE
As used in ORS 205.450 to 205.470: “Encumbrance” means a claim, lien, charge or liability attached to and binding property. “Encumbrance claimant” means a person who purportedly benefits from the filing of an encumbrance. “Federal official or employee” has the meaning given the term “employee of the government” in the Federal Tort Claims Act (28 U.S.C. 26…
No person or county shall accept for filing an invalid claim of encumbrance. No person or county shall accept for filing a claim of encumbrance against the property of a federal official or employee or a state or local official or employee based on the performance or nonperformance of the official duties of the official or employee unless accompanied by an …
A person whose property is subject to an invalid claim of encumbrance may petition the circuit court of the county in which the person resides or in which the property is located for an order, which may be granted ex parte, directing the encumbrance claimant to appear at a hearing before the court and show cause why the claim of encumbrance should not be str…
A claim of encumbrance against the property of a federal official or employee or against the property of a state or local official or employee based on the performance or nonperformance of official duties of the official, employee or agent shall be invalid unless an order from a court of competent jurisdiction authorizing the filing of the encumbrance is fil…
Any person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property bound by the claim of encumbrance for a sum of not less than $5,000 or for actual damages caused by the filing of the claim of encumbrance, whichever is greater, together with costs and reasonable attorney fees at trial and…
No county clerk shall during the term of office of that clerk institute or assist in instituting any suit, action or probate proceeding in any court of which the clerk is an officer, act as an attorney or counselor with or without hire in any such suit, action or proceeding, or have a partner who shall act as an attorney in any of such proceedings. The coun…
If an order or warrant issued by a state agency or officer was docketed in the judgment docket of the circuit court of any county before October 3, 1989, notice of satisfaction or release of the lien of an order or warrant so docketed shall be docketed in the same judgment docket in which the order or warrant was docketed. If an order or warrant issued by a…
Interest on a penalty imposed by an order shall run from the date of issuance of a final order at the rate provided for interest on judgments provided for in ORS 82.010 unless the penalty is paid within the time allowed by law. An order or warrant may be satisfied by payment of the amount due under the order or warrant, any penalties or interest accruing in…
PENALTIES
Any officer who violates ORS 205.510 (1) shall be deemed guilty of official misconduct and punished therefor as provided by ORS 162.415. _______________