ORS 93.274
Petition to strike discriminatory provisions from recorded instrument

  • recording order and redactions

(1)

Intentionally left blank —Ed.

(a)

If a recorded instrument conveying or contracting to convey fee title to real property, or a declaration recorded under ORS 94.580 (Declaration), contains a provision that is void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a), the owner of the property or the owner of any portion of the property subject to the provision may cause the provision to be stricken from the public records described in ORS 205.130 (Recording duties of county clerk) by filing a petition in the circuit court for the county in which the property is located.

(b)

The petition must be filed as an in rem declaratory action whose title contains the property address, except that if the real property consists of multiple lots or parcels subject to a declaration, the title of the petition may be the name of the subdivision and the recording number of the declaration.

(c)

The court may not require that any person other than the petitioner be joined as a party to a petition filed under this section.

(2)

A petition filed under this section must contain:

(a)

The name and mailing address of the person filing the petition;

(b)

The legal description of the property subject to the provision that is void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a);

(c)

The name, recording number and date of recordation for each instrument or declaration that contains a provision that is void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a);

(d)

A clear reference to the provision claimed to be void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a), setting forth verbatim the void provisions to be struck from each such document; and

(e)

A complete certified copy of the recorded instrument or recorded declaration which contains the provision that is void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a).

(3)

Intentionally left blank —Ed.

(a)

The sole issue to be decided by the court is whether the provision is void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a).

(b)

If the court finds that the provision is not void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a), the court shall dismiss the petition.

(c)

If the court finds that any provisions of the recorded instrument or declaration are void by reason of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a), the court shall enter an order:

(A)

Finding that the referenced original written instrument or declaration contains discriminatory provisions that are void and unenforceable under ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a);

(B)

Identifying each document by recording number and date of recordation; and

(C)

Striking the void provisions from the public records and eliminating the void provisions from the title to the property described in the petition.

(d)

The order must include a certified copy of each document upon which the court has physically redacted the void provisions.

(e)

The order must provide that the effective date of the document redacted by the court is the same as the effective date of the original document.

(4)

A county clerk who receives a certified copy of an order and redacted document described in this section with the fees required under ORS 205.320 (Fees collected by county clerk) shall:

(a)

Record the order and the certified copy of the document upon which the court has physically redacted the void provisions;

(b)

Update the index of each original document referenced in the order with the recording number of the modified document; and

(c)

Maintain the original document or an image thereof separately from electronic public access and preserve the original document or image for historical or archival purposes. [2018 c.35 §1; 2023 c.342 §1]
Note: Sections 2 and 4, chapter 342, Oregon Laws 2023, provide:
Sec. 2. On or before January 1, 2025, the Judicial Department shall create a model template for the petition, notice and order described in ORS 93.274 (Petition to strike discriminatory provisions from recorded instrument) and shall distribute copies to each circuit court and post copies to the department website. [2023 c.342 §2]
Sec. 4. Before January 2, 2026, on the motion of a petitioner, a court may enter an order conforming to the form of an order required by ORS 93.274 (Petition to strike discriminatory provisions from recorded instrument) for a judgment entered under ORS 93.274 (Petition to strike discriminatory provisions from recorded instrument) (2021 Edition) that was entered on or before the effective date of this 2023 Act [January 1, 2024]. [2023 c.342 §4]
Note: 93.274 (Petition to strike discriminatory provisions from recorded instrument) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 93.274 — Petition to strike discriminatory provisions from recorded instrument; recording order and redactions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html.

93.010
Conveyances, how made
93.020
Creating, transferring or declaring estates or interests in realty
93.030
Contracts to convey, instruments of conveyance and related memoranda to state consideration
93.040
Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property
93.050
Gift or conveyance of life estate
93.110
Quitclaim deed sufficient to pass estate
93.120
Words of inheritance unnecessary to convey fee
93.130
Conveyance of land in adverse possession of another
93.140
Implied covenants
93.150
Conveyance by tenant of greater estate than that possessed
93.160
Conveyance by reversioners and remainderpersons to life tenant vests fee
93.180
Forms of tenancy in conveyance or devise to two or more persons
93.190
Trustees or personal representatives as joint tenants
93.200
Trustees or executors now hold as joint tenants
93.210
Presumption respecting deed from trustee of undisclosed beneficiary
93.220
Release, limitation or restriction of power of appointment
93.230
Copy of Department of State Lands deed or patent given when original lost
93.240
Rights to deferred installments of purchase price where two or more persons join as sellers of real property
93.250
Effect of conveyance creating fee simple conditional or fee tail
93.260
Tax statement information required in conveyancing instrument
93.265
Notice to real property manager of certain actions
93.268
Notice to state agency of transfer or encumbrance of real property by title insurance company
93.269
Declaration or covenant related to future fees, commissions or payments to declarant
93.270
Certain restrictions in instruments prohibited
93.271
Amending declarations or bylaws to remove discriminatory provisions
93.272
Procedure for removal of certain restrictions
93.274
Petition to strike discriminatory provisions from recorded instrument
93.275
Incidents not material facts to real property transaction
93.277
Restrictions on development of certain housing prohibited
93.280
Manner of conveyance to create joint property rights
93.285
Procedure for enforcement of contractual requirement for delivery of deed of conveyance
93.286
Effects of fulfillment of contract for sale by enforcement of requirement for delivery of deed of conveyance
93.290
Risk of loss after contract to sell realty has been executed
93.295
Construction of ORS 93.290 to 93.300
93.300
Short title
93.310
Rules for construing description of real property
93.312
Oregon Coordinate System
93.410
Execution and acknowledgment of deeds
93.420
Execution of deed where personal representative, guardian or conservator is unable or refuses to act
93.440
Proof of execution by subscribing witness
93.450
Proof where witnesses are dead or absent
93.460
Subpoena to compel witness to testify to execution of deed
93.470
Indorsement of certificate of proof
93.480
Deed acknowledged or proved as evidence
93.530
Execution, acknowledgment and recordation of assignments of sheriffs’ certificates of sale
93.600
Description of real property for purposes of recordation
93.610
Separate books for recording deeds and mortgages
93.620
Time and place of recording
93.630
Index to record of deeds, mortgages and other real property interests
93.635
Acknowledgment and recording of instruments contracting to convey fee title
93.640
Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser
93.643
Method of giving constructive notice of interest in real property
93.645
Priority of purchaser
93.650
Effect of record or certified transcript in evidence
93.660
Effect of abstract of title as evidence
93.670
Power of attorney and executory contract for sale or purchase of lands
93.680
Patents, judgments and official grants
93.690
Recording of instruments evidencing passage of title to land from United States to State of Oregon
93.710
Instruments or memoranda creating certain interests in realty
93.730
Recordation of judgment in other counties
93.740
Notice of lis pendens
93.760
Recordability of documents, orders and decrees of the United States District Court
93.770
Recordability of notices of bankruptcy and petitions, orders and judgments from bankruptcy cases
93.779
Definitions for ORS 93.779 to 93.802
93.780
Recordation of master form instrument
93.790
Incorporation of master form instrument by reference in short form instrument
93.800
Matter not to be recorded when accompanying short form instrument
93.802
Recordation of short form instrument
93.804
Requirement for original signatures for recording
93.806
Recordation of instrument creating certain liens
93.808
Approval of governmental unit required to record certain instruments
93.810
Validating and curative Acts
93.850
Warranty deed form
93.855
Special warranty deed form
93.860
Bargain and sale deed form
93.865
Quitclaim deed form
93.870
Statutory deed forms optional
93.905
Definitions for ORS 93.905 to 93.940
93.910
Enforcement of forfeiture remedy after notice of default
93.913
Forfeiture allowed for default under certain collateral assignments of interest
93.915
Notice of default
93.918
Continuation of proceedings after certain types of stay ordered by court
93.920
Curing default to avoid forfeiture
93.925
Failure to cure default
93.930
Recording affidavit after forfeiture
93.935
Effect of purchaser’s abandonment or reconveyance on interest, lien or claim
93.940
Effect of seller’s foreclosure or other action on interest, lien or claim
93.945
Application of ORS 93.910 to 93.940
93.948
URPTDA 1. Short title
93.949
URPTDA 2. Definitions
93.950
URPTDA 3. Applicability
93.951
URPTDA 4. Nonexclusivity
93.953
URPTDA 5. Authority for transfer on death deed
93.955
URPTDA 6. Revocability of transfer on death deed
93.957
URPTDA 7. Nontestamentary nature of transfer on death deed
93.959
URPTDA 8. Capacity of transferor
93.961
URPTDA 9. Requirements
93.963
URPTDA 10. Notice
93.965
URPTDA 11. Revocation by instrument
93.967
URPTDA 12. Effect of transfer on death deed during transferor’s life
93.969
URPTDA 13. Effect of transfer on death deed at transferor’s death
93.971
URPTDA 14. Disclaimer
93.973
URPTDA 15. Liability for creditor claims and statutory allowances
93.975
URPTDA 16. Form of transfer on death deed
93.977
URPTDA 17. Form of instrument revoking transfer on death deed
93.979
Relation to Electronic Signatures in Global and National Commerce Act
93.981
Effect of divorce or annulment on transfer on death deed
93.983
Transfer to parent who deserted or neglected transferor
93.985
Forfeiture of transfer by parent who deserted or neglected transferor
93.990
Penalties
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