Conveyancing and Recording
Recordation of instrument creating certain liens
(1)Any instrument creating a lien on unpaid rents and profits of real property within this state, by assignment, mortgage, pledge or otherwise, or memorandum thereof, which is executed by the person from whom the lien is intended to be given, and acknowledged or proved in the manner provided for the acknowledgment or proof of other conveyances, may be indexed and recorded in the records of mortgages of real property in the county where such real property is located, as provided in ORS 93.710 (Instruments or memoranda creating certain interests in realty). Such recordation constitutes notice to third persons, and shall otherwise have the same effect as recordation pursuant to ORS 93.710 (Instruments or memoranda creating certain interests in realty), specifically, but without limitation, such lien shall not be voidable by and shall not be subordinate to the rights of either:
(a)A subsequent lien creditor, as defined in ORS 79.0102 (UCC 9-102. Definitions and index of definitions); or
(b)A subsequent bona fide purchaser of real property.
(2)Such an assignment, mortgage or pledge shall be so perfected by such recording, without the holder thereof obtaining the appointment of receiver, taking possession of the subject real property, filing a financing statement pursuant to ORS chapter 79 or taking any other action in addition to such recording.
(3)As used in this section, “memorandum” has the meaning provided in ORS 93.710 (Instruments or memoranda creating certain interests in realty) (3). [1991 c.299 §1; 2001 c.445 §166]
Atty. Gen. Opinions
Records involving title to real property registered under the Torrens system, (1972) Vol 35, p 1032