ORS 205.323
Additional fees for recording certain instruments

  • use of fees

(1)

In addition to and not in lieu of the fees charged and collected under ORS 205.320 (Fees collected by county clerk) 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 (Recording duties of county clerk):

(a)

A fee of $1, to be credited as provided in subsection (4)(a) of this section;

(b)

A fee of $10, to be credited as provided in subsection (4)(b) of this section; and

(c)

A fee of $60, to be credited as provided in subsection (4)(c) of this section.

(2)

Subsection (1) of this section does not apply to the recording or filing of the following:

(a)

Instruments that are otherwise exempt from recording or filing fees under any provision of law;

(b)

Any satisfaction of judgment or certificate of satisfaction of judgment; or

(c)

Internal county government instruments not otherwise charged a recording or filing fee.

(3)

Subsection (1)(c) of this section does not apply to the recording or filing of:

(a)

Instruments required under ORS 517.210 (Recording affidavit of annual compliance) to maintain mining claims;

(b)

Warrants issued by the Employment Department pursuant to ORS 657.396 (Alternative remedies for collection of amounts liable to be repaid), 657.642 (Alternative remedies for collection of taxes, interest and penalties) and 657.646 (Use of warrant to collect amount of judgment); or

(c)

A certified copy of a judgment, a lien record abstract as described in ORS 18.170 (Form for lien record abstract) or a satisfaction of a judgment, including a judgment noticed by recordation of a lien record abstract.

(4)

Of the amounts charged and collected under this section:

(a)

The recording or filing fee charged and collected under subsection (1)(a) of this section must be deposited and credited to the Oregon Land Information System Fund established under ORS 306.132 (Oregon Land Information System Fund).

(b)

The recording or filing fee charged and collected under subsection (1)(b) of this section shall be credited as follows:

(A)

Five percent of the fee must be credited for the benefit of the county;

(B)

Five percent of the fee must be credited for the benefit of the county clerk for the purposes described in ORS 205.320 (Fees collected by county clerk) (2); and

(C)

90 percent of the fee must be credited to and deposited in the County Assessment and Taxation Fund created under ORS 294.187 (County Assessment and Taxation Fund).

(c)

The recording or filing fee charged and collected under subsection (1)(c) of this section must be credited to and deposited in the County Assessment and Taxation Fund created under ORS 294.187 (County Assessment and Taxation Fund).

(5)

The Department of Revenue and county tax collectors are exempt from paying the fee under subsection (1)(c) of this section. [1989 c.796 §15; 1999 c.701 §3; 1999 c.788 §61; 1999 c.803 §8; 2001 c.501 §10; 2001 c.713 §5; 2009 c.18 §2; 2013 c.646 §1; 2015 c.27 §23; 2018 c.109 §10]

Source: Section 205.323 — Additional fees for recording certain instruments; use of fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors205.­html.

205.010
Definitions
205.110
General powers and duties of county clerk
205.125
County Clerk Lien Record
205.126
Enforcement of order or warrant recorded in County Clerk Lien Record
205.127
Recording in County Clerk Lien Record for certain liens
205.130
Recording duties of county clerk
205.135
Illegible document presented for recording
205.140
Transcript or copy of record
205.150
Seal of clerk
205.160
Indexes kept by county clerk
205.180
Entry in appropriate record of instruments received for recording
205.190
Record of plats and maps of towns, villages, cemeteries
205.220
Recording copies of estate records
205.232
Conditions for instruments to be recorded
205.234
Requirements for first page of instruments to be recorded
205.236
Labeling of instrument to be recorded
205.238
Return of instrument after recordation
205.242
Clerk to receive and certify instruments during specified hours
205.244
Rerecording of corrected instruments
205.246
Instruments to be recorded
205.255
Filing requirement as recording requirement
205.320
Fees collected by county clerk
205.323
Additional fees for recording certain instruments
205.327
Penalty for presenting nonstandard instruments for recording
205.350
Fees for approving and recording plats
205.360
Clerk to receipt and account for certain probate fees collected
205.365
Disposition of County Clerk Lien Record fees
205.370
Payment to and disposition of trial fees by court clerk
205.395
Payment of fees by state agencies for entry in County Clerk Lien Record
205.450
Definitions for ORS 205.450 to 205.470
205.455
Acceptance of filing of invalid claim of encumbrance prohibited
205.460
Order to show cause why invalid claim of encumbrance should not be stricken
205.465
Claim of encumbrance against certain property invalid without judicial order
205.470
Liability for filing invalid claim of encumbrance
205.510
County clerk not to act or have partner acting as attorney
205.515
Orders or warrants issued by state agency or officer
205.525
Interest on penalties imposed by orders
205.990
Penalties
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