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. [1997 c.290 §5]

Source: Section 205.470 — Liability for filing invalid claim of encumbrance, https://www.­oregonlegislature.­gov/bills_laws/ors/ors205.­html.

Notes of Decisions

For person to be liable under provision, invalid claim of encumbrance must be filed or recorded. Baldwin and Baldwin, 257 Or App 346, 306 P3d 737 (2013), 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

§ 205.470’s source at oregon​.gov