ORS 205.455
Acceptance of filing of invalid claim of encumbrance prohibited

  • notice of invalid encumbrance
  • form
  • posting notice
  • effect of filing of notice of invalid encumbrance

(1)

No person or county shall accept for filing an invalid claim of encumbrance.

(2)

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 order from a court of competent jurisdiction authorizing the filing of the encumbrance.

(3)

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 that is not accompanied by an order from a court of competent jurisdiction is an invalid claim of encumbrance and has no legal effect.

(4)

If an invalid claim of encumbrance against the property of a federal official or employee or against the property of a state or local official or employee is accepted for filing, the filing officer shall accept for filing a notice of invalid encumbrance signed and submitted by:

(a)

The assistant United States attorney representing the federal agency of which the individual is an official or employee;

(b)

The assistant attorney general representing the state official, employee or agent, or the state agency, board, commission, department or public university listed in ORS 352.002 (Public universities) of which the individual is an official, employee or agent; or

(c)

The attorney representing the community college or local school district, political subdivision or public corporation of which the individual is an official, employee or agent.

(5)

A notice of invalid encumbrance shall be in substantially the following form:
_________ (Insert name)
(ORS 205.455 (Acceptance of filing of invalid claim of encumbrance prohibited))
_________ IS A _________

(Name)

(Title)
NOTICE is hereby given that the document entitled _________, purporting to create an obligation against or an interest in the real or personal property of the person named above, filed and/or signed by _________ (insert name), and filed or recorded in book/reel/volume No. _____ on page _____ or document/fee/file/ instrument/microfilm No. _____ in the _________ (insert name of office where document was filed or recorded), is an invalid claim of encumbrance under ORS 205.450 (Definitions for ORS 205.450 to 205.470) and 205.455 (Acceptance of filing of invalid claim of encumbrance prohibited).
No order from a court of competent jurisdiction authorizing the filing of such encumbrance accompanied the filing and, pursuant to ORS 205.455 (Acceptance of filing of invalid claim of encumbrance prohibited), the encumbrance has no legal effect and is invalid.
A copy of this Notice of Invalid Encumbrance has been mailed this day by depositing a true copy of the notice in the United States mail, addressed to _________ (name and address of encumbrance claimant), the last-known address of _________ (insert name of encumbrance claimant).
DATED this ___ day of ______, ___.
______________________
Attorney for _________
SUBSCRIBED AND SWORN to before me this ___ day of _________, ___.
______________________
My commission expires: ______

(6)

A copy of the notice of invalid encumbrance filed under this section shall be posted at the county courthouse and mailed by the attorney to the encumbrance claimant at the encumbrance claimant’s last-known address, if available.

(7)

No person or county shall be liable under this section for accepting for filing an invalid claim of encumbrance or for accepting for filing a notice of invalid encumbrance.

(8)

Filing a notice of invalid encumbrance under this section shall clear title to all property that is affected by the claim of encumbrance that is the subject of the notice of invalid encumbrance from all claims, liens, charges or liabilities attached to the property under the claim of encumbrance. [1997 c.290 §2; 2011 c.637 §71]

Source: Section 205.455 — Acceptance of filing of invalid claim of encumbrance prohibited; notice of invalid encumbrance; form; posting notice; effect of filing of notice of invalid encumbrance, 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
Green check means up to date. Up to date

Current through early 2024

§ 205.455’s source at oregon​.gov