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]
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.
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