Oregon Law
Law as of Jan 1, 2024
Chapter contents
205.010Definitions 205.110General powers and duties of county clerk 205.120[Repealed by 1959 c.552 §16] 205.125County Clerk Lien Record; contents; effect 205.126Enforcement of order or warrant recorded in County Clerk Lien Record; renewal of order or warrant; notice of renewal 205.127Recording in County Clerk Lien Record for certain liens 205.130Recording duties of county clerk 205.135Illegible document presented for recording 205.140Transcript or copy of record 205.150Seal of clerk 205.160Indexes kept by county clerk; use of alternative recording method allowed 205.170[Repealed by 1979 c.492 §1] 205.180Entry in appropriate record of instruments received for recording 205.190Record of plats and maps of towns, villages, cemeteries 205.200[Amended by 1969 c.532 §1; repealed by 1971 c.88 §8] 205.210[Repealed by 1981 c.48 §8] 205.220Recording copies of estate records; copy as evidence 205.230[Amended by 1961 c.726 §411; 1965 c.619 §37; part renumbered 205.335; repealed by 1991 c.230 §35] 205.232Conditions for instruments to be recorded; exception 205.234Requirements for first page of instruments to be recorded; cover sheet 205.236Labeling of instrument to be recorded; instrument describing two or more transactions; recordation; fee 205.238Return of instrument after recordation 205.240[1957 c.669 §§1,2; repealed by 1971 c.267 §16] 205.242Clerk to receive and certify instruments during specified hours; exceptions 205.244Rerecording of corrected instruments 205.245[Formerly 21.520; 1987 c.586 §34; 1991 c.230 §13; repealed by 1997 c.592 §6 (205.246 enacted in lieu of 205.245)] 205.246Instruments to be recorded; fees 205.250[1969 c.518 §2; repealed by 1971 c.121 §3] 205.255Filing requirement as recording requirement 205.260[1985 c.613 §30; repealed by 1987 c.311 §10] 205.310[Repealed by 1957 c.359 §3] 205.320Fees collected by county clerk; use of portion of certain fees 205.323Additional fees for recording certain instruments; use of fees 205.325[1965 c.301 §1 (2); 1971 c.621 §26; 1975 c.607 §25; 1979 c.833 §26; 1981 c.835 §14; repealed by 1999 c.654 §37] 205.327Penalty for presenting nonstandard instruments for recording 205.330[Repealed by 1957 c.359 §3] 205.335[Formerly part of 205.230; 1971 c.621 §27; 1975 c.607 §26; 1979 c.833 §27; 1981 c.835 §15; repealed by 1991 c.230 §35] 205.340[Amended by 1971 c.621 §28; 1975 c.607 §27; 1979 c.833 §28; repealed by 1987 c.469 §3 and 1987 c.586 §49] 205.350Fees for approving and recording plats 205.360Clerk to receipt and account for certain probate fees collected 205.365Disposition of County Clerk Lien Record fees 205.370Payment to and disposition of trial fees by court clerk 205.380[Amended by 1963 c.519 §32; repealed by 1981 c.48 §8] 205.390[Repealed by 1981 c.48 §8] 205.395Payment of fees by state agencies for entry in County Clerk Lien Record 205.400[Repealed by 1999 c.803 §10] 205.450Definitions for ORS 205.450 to 205.470 205.455Acceptance of filing of invalid claim of encumbrance prohibited; notice of invalid encumbrance; form; posting notice; effect of filing of notice of invalid encumbrance 205.460Order to show cause why invalid claim of encumbrance should not be stricken; petition; hearing; release of invalid claim; procedure unavailable against certain persons 205.465Claim of encumbrance against certain property invalid without judicial order 205.470Liability for filing invalid claim of encumbrance 205.510County clerk not to act or have partner acting as attorney 205.515Orders or warrants issued by state agency or officer; docketing; transfer to County Clerk Lien Record 205.520[Repealed by 1981 c.48 §8] 205.525Interest on penalties imposed by orders; satisfaction of orders or warrants issued by state agency or officer; recording release of lien in County Clerk Lien Record 205.530[Repealed by 1981 c.48 §8] 205.990Penalties

Chapter 205 — County Clerks

ORS 205.470 Liability for filing invalid claim of encumbrance

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 on appeal. Any grantee or other person purportedly benefited by an invalid encumbrance that is filed who willfully refuses to release the invalid encumbrance upon request of the owner of the property affected shall be liable to the owner for the damages and costs and reasonable attorney fees at trial and on appeal provided in this section.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.