County Clerks

ORS 205.450
Definitions for ORS 205.450 to 205.470


As used in ORS 205.450 (Definitions for ORS 205.450 to 205.470) to 205.470 (Liability for filing invalid claim of encumbrance):

(1)

“Encumbrance” means a claim, lien, charge or liability attached to and binding property.

(2)

“Encumbrance claimant” means a person who purportedly benefits from the filing of an encumbrance.

(3)

“Federal official or employee” has the meaning given the term “employee of the government” in the Federal Tort Claims Act (28 U.S.C. 2671).

(4)

“Filing” includes filing or recording.

(5)

“Invalid claim of encumbrance” means a claim of encumbrance that is not a valid claim of encumbrance.

(6)

“Property” includes, but is not limited to, real and personal property.

(7)

“State or local official or employee” means an appointed or elected official, employee or agent of:

(a)

A branch of government of this state or a state agency, board, commission or department of a branch of government of this state;

(b)

A public university listed in ORS 352.002 (Public universities);

(c)

A community college or local school district in this state;

(d)

A city, county or other political subdivision in this state; or

(e)

A public corporation in this state.

(8)

“Valid claim of encumbrance” is an encumbrance that:

(a)

Is an encumbrance authorized by statute;

(b)

Is a consensual encumbrance recognized under the laws of this state; or

(c)

Is an equitable, constructive or other encumbrance imposed by a court of competent jurisdiction. [1997 c.290 §1; 2005 c.22 §156; 2011 c.637 §70]

Notes of Decisions

Notice of lis pendens recorded pursuant to ORS 93.740 is encumbrance for purposes of section. Vukanovich v. Kine, 251 Or App 807, 285 P3d 733 (2012), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021