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]

Source: Section 205.450 — Definitions for ORS 205.450 to 205.470, https://www.­oregonlegislature.­gov/bills_laws/ors/ors205.­html.

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

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
Green check means up to date. Up to date

Current through early 2024

§ 205.450’s source at oregon​.gov