Conveyancing and Recording

ORS 93.740
Notice of lis pendens

  • contents
  • recordation
  • effect
  • discharge


(1)

In all suits in which the title to or any interest in or lien upon real property is involved, affected or brought in question, any party thereto at the commencement of the suit, or at any time during the pendency thereof, may have recorded by the county clerk or other recorder of deeds of every county in which any part of the premises lies a notice of the pendency of the action containing the names of the parties, the object of the suit, and the description of the real property in the county involved, affected, or brought in question, signed by the party or the attorney of the party. From the time of recording the notice, and from that time only, the pendency of the suit is notice, to purchasers and incumbrancers, of the rights and equities in the premises of the party filing the notice. The notice shall be recorded in the same book and in the same manner in which mortgages are recorded, and may be discharged in like manner as mortgages are discharged, either by such party or the attorney signing the notice.

(2)

Except as provided in subsection (3) of this section, a conveyance or encumbrance that is not recorded in the manner provided by law before the filing of a notice of pendency that affects all or part of the same real property is void as to the person recording the notice of pendency for all rights and equities in the real property that are adjudicated in the suit. The provisions of this subsection apply only to a conveyance or encumbrance that under the provisions of ORS 93.640 (Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser) would be void as against a subsequent purchaser whose interest in the property is of record at the time the notice of pendency is recorded and who purchased the property in good faith and for valuable consideration.

(3)

A conveyance or encumbrance is not void under subsection (2) of this section if:

(a)

The person who records a notice of pendency under this section has notice of the conveyance or encumbrance at the time the notice of pendency is recorded or otherwise does not act in good faith in recording the notice of pendency; or

(b)

Pursuant to ORCP 33, the court allows a person claiming an interest in real property under the conveyance or encumbrance to intervene in the suit for the purpose of seeking adjudication of the person’s interest or priority in the property.

(4)

Unless otherwise prescribed by law, a party recording a notice of pendency shall use substantially the following form:

NOTICE OF PENDENCY
OF AN ACTION
Pursuant to ORS 93.740 (Notice of lis pendens), the undersigned states:
1. As plaintiff(s), ____________, has filed an action in the ______ Court for ______ County, State of Oregon;
2. The defendant(s) is/are: ________
______________________
______________________;
3. The object of the action is: _____
______________________
______________________;
4. The description of the real property to be affected is: ____________
______________________
______________________
Dated this _____ day of_________,___.
__________________
Plaintiff or
Plaintiff’s attorney
Name: _________________
Address: _______________
_____________________
_____________________
Phone No.: ________
STATE OF OREGON )
) ss.
County of_____ )
The foregoing instrument was acknowledged before me this ___ day of______, 2___ by____________.
__________________
Notary Public for Oregon
My commission expires: _________
STATE OF OREGON )
) ss.
County of_____ )
The foregoing instrument was acknowledged before me this ___ day of______, 2___ by ____________ of____________, a corporation, on behalf of the corporation.
__________________
Notary Public for Oregon
My commission expires: _________

[Amended by 1987 c.586 §24; 1997 c.598 §1]

Notes of Decisions

Filing of complaint in dissolution action or other civil action that involves title to, interest in or lien upon real property creates lis pendens in county of filing if complaint identifies parties, object of action and property involved. Hoyt v. American Traders, Inc., 301 Or 599, 725 P2d 336 (1986)

Claim before administrative agency does not permit filing of lis pendens notice because claim filed outside court system does not qualify as "suit." Doughty v. Birkholtz, 156 Or App 89, 964 P2d 1108 (1998)

Claim before Construction Contractors Board does not permit filing of lis pendens notice because regulatory power of board does not include power to determine interest in real property. Doughty v. Birkholtz, 156 Or App 89, 964 P2d 1108 (1998)

§§ 93.610 to 93.800

Atty. Gen. Opinions

Recording location, type and degree of hazard of material buried in hazardous waste disposal site, (1979) Vol 40, p 188

Chapter 93

Atty. Gen. Opinions

Records involving title to real property registered under the Torrens system, (1972) Vol 35, p 1032


Source

Last accessed
Jun. 26, 2021