ORS 93.645
Priority of purchaser

  • extinguishing judgment lien
  • right of judgment creditor
  • “judgment” defined

(1)

The interest of the purchaser, the heirs and assigns of the purchaser, under a contract for the purchase and sale of realty, if such contract or memorandum thereof has been recorded in deed records, shall have priority over the lien of any subsequent judgment against the seller of the property, the heirs and assigns of the seller, and conveyance in fulfillment of said contract shall extinguish the lien of any such judgment.

(2)

Subsection (1) of this section shall not be construed to limit the right of a judgment creditor to execute upon a vendor’s interest in a land sales contract.

(3)

For the purposes of subsection (1) of this section, “judgment” includes any lien which by law becomes a lien upon real property in the same manner as a judgment, and includes a judgment or any such lien in favor of the State of Oregon and its agencies. [1975 c.270 §§1,2,3]

Source: Section 93.645 — Priority of purchaser; extinguishing judgment lien; right of judgment creditor; “judgment” defined, https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html.

Notes of Decisions

Judgment lien against vendor in land sale contract remains viable until it is extinguished by conveyance, but vendee has priority over judgment creditor and may safely make payments to vendor, unless judgment creditor has served vendee with notice of garnishment in execution of judgment or has caused vendor’s interest to be sold on execution. Wyllie v. Van Ruden, 76 Or App 598, 711 P2d 137 (1985)

“Seller” means person selling land under recorded land sale contract. Waite v. Dempsey, 203 Or App 136, 125 P3d 788 (2005)

Law Review Citations

55 OLR 227-237 (1976)

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 93.272
Procedure for removal of certain restrictions 93.274
Procedure for removal of discriminatory restrictions 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
Green check means up to date. Up to date

Current through early 2024

§ 93.645’s source at oregon​.gov