205.126 Enforcementof order or warrant recorded in County Clerk Lien Record; renewal of order orwarrant; notice of renewal
205.127 Recordingin County Clerk Lien Record required for certain liens
205.130 Recordingduties of county clerk
205.135 Preparationof true copy of document not sufficiently legible to reproduce readablephotographic record
205.140 Transcriptor copy of record as evidence
205.150 Sealof clerk
205.160 Indexeskept by county clerk; use of alternative recording method allowed
205.180 Entryin appropriate record of instruments received for recording
205.190 Recordof plats and maps of towns, villages, cemeteries
205.220 Recordingcopies of estate records; copy as evidence
205.232 Conditionsfor instruments to be recorded; exception
205.234 Requirementsfor first page of instruments to be recorded; cover sheet
205.236 Instrumentdescribing two or more transactions; recordation; fee
205.238 Returnof instrument after recordation
205.242 Clerkto receive and certify instruments during specified hours; exception
205.244 Recordingof corrected instruments
205.246 Instrumentsto be recorded; fees
205.255 Filingrequirement as recording requirement
COLLECTIONAND DISPOSITION OF FEES
205.320 Feescollected by county clerk; use of portion of certain fees
205.323 Additionalfees for recording certain instruments; use of fees
205.327 Penaltyfor presenting nonstandard instruments for recording
205.350 Feesfor approving and recording plats
205.360 Clerkto receipt and account for certain probate fees collected
205.365 Dispositionof County Clerk Lien Record fees
205.370 Paymentto and disposition of trial fees by court clerk
205.395 Paymentof fees by state agencies for entry in County Clerk Lien Record
INVALIDCLAIMS OF ENCUMBRANCE
205.450 Definitionsfor ORS 205.450 to 205.470
205.455 Invalidclaim of encumbrance; acceptance of filing prohibited; notice of invalid claim;form; posting notice; effect of filing invalid claim of encumbrance
205.460 Orderto show cause why invalid claim of encumbrance should not be discharged;petition; hearing; release of invalid claim; application
205.465 Claimof encumbrance against certain property invalid without judicial order
205.470 Liabilityfor filing invalid claim of encumbrance
MISCELLANEOUSPROVISIONS
205.510 Countyclerk not to act or have partner acting as attorney
205.515 Ordersor warrants issued by state agency or officer; docketing; transfer to CountyClerk Lien Record
205.525 Satisfactionof orders or warrants issued by state agency or officer; interest on penaltiesimposed by orders; recording release of lien in County Clerk Lien Record
PENALTIES
205.990 Penalties
GENERALPROVISIONS
205.010Definitions.(1) As used in the statutes of this state in reference to a chattel mortgageand action by the appropriate recording officer, “record,” “recorded” and “recording”mean “record or file,” “recorded or filed” or “recording or filing,” as thecontext requires.
(2)As used in this chapter:
(a)“Person” means an individual, organization, corporation, government,governmental subdivision or agency, business trust, partnership or association,two or more persons having a joint or common interest or any other legal orcommercial entity.
(b)“Text” includes the words contained in the body of an instrument to be recordedand the names of the transactions contained in the instrument. The term doesnot include instructions for completing the instrument, form numbers orstatutory references.
(c)“Transaction” means an action, including but not limited to a transfer,encumbrance or release affecting title to or an interest in real property, thatis required or permitted by state law or rule or federal law or regulation tobe recorded. [Amended by 1991 c.230 §10; 1993 c.321 §1; 2001 c.713 §1; 2005c.82 §1; 2009 c.294 §17]
POWERSAND DUTIES
205.110General powers and duties of county clerk. (1) The county clerk in eachcounty shall keep and maintain the records of the county governing body.
(2)The county clerk of any county in which the county court has judicial functionsshall, for the county court:
(a)Keep the seal of the court, and affix it in all cases required by law.
(b)Record the proceedings of the court.
(c)Keep the records, files, books and papers pertaining to the court.
(d)File all papers delivered to the clerk for that purpose in any action orproceeding in the court.
(e)Attend the terms of the court, administer oaths and receive the verdict of ajury in any action or proceeding therein, in the presence and under thedirection of the court.
(f)Under the direction of the court enter its orders and judgments.
(g)Authenticate, by certificate or transcript, as may be required, the records,files or proceedings of the court, or any paper pertaining thereto, and filedwith the clerk.
(h)Exercise the powers and perform the duties conferred upon the clerk by statute.
(i)In the performance of duties pertaining to the court, conform to the directionof the court.
(3)The county clerk may take and certify the proof and acknowledgment of aconveyance of real property or any other written instrument authorized orrequired to be proved or acknowledged. [1977 c.594 §2; 1981 s.s. c.3 §39; 1983c.327 §5; 1985 c.540 §40; 1991 c.230 §11]
205.120 [Repealed by1959 c.552 §16]
205.125County Clerk Lien Record; contents; effect. (1) The County Clerk Lien Recordmaintained under ORS 205.130 shall contain the following information for eachorder or warrant recorded:
(a)The name of any person subject to the order or warrant.
(b)The name of the officer and the agency that issued the order or warrant or thename of the complainant or claimant in whose favor an order of the ConstructionContractors Board or State Landscape Contractors Board has been given. The nameof the agency or board that issued the order or warrant must be clearly printedon the order or warrant.
(c)The amount of any monetary obligation imposed by the order or warrant, and thenames of all persons against whom the obligation is imposed.
(d)The date on which the order or warrant was received and recorded.
(e)Full or partial satisfaction, if any, of any lien claim created by the order orwarrant.
(f)County Clerk Lien Record instruments filed under ORS 205.130 (3)(c)(A) shall beon official letterhead and include the seals, if any, of the officers andagencies.
(g)Such other information as may be considered necessary by the county clerk.
(2)From the date that an order or warrant is recorded in the County Clerk LienRecord, the order or warrant shall have the attributes and effect of a judgmentthat has been entered in the register of the circuit court for that county,including but not limited to the creation of a judgment lien for any monetaryobligation in favor of the officer or agency issuing the order or warrant or infavor of the complainant or claimant in the proceedings before the ConstructionContractors Board or State Landscape Contractors Board, renewal and enforcementby supplementary proceedings, writs of execution, notices of garnishment andwrits of garnishment.
(3)From the date that an order or warrant imposing a monetary obligation isrecorded in the County Clerk Lien Record, the order or warrant becomes a lienupon the title to and interest in property of the person against whom it is issuedin the same manner as a judgment that creates a judgment lien under ORS chapter18.
(4)In addition to any other remedy provided by law, orders and warrants recordedin the County Clerk Lien Record may be enforced as provided in ORS 205.126. [1983c.696 §1; 1985 c.343 §10; 1987 c.586 §30; 1989 c.706 §2; 1997 c.387 §1; 1999c.153 §5; 1999 c.654 §13; 2003 c.576 §194; 2007 c.793 §4]
205.126Enforcement of order or warrant recorded in County Clerk Lien Record; renewalof order or warrant; notice of renewal. (1) At any time after recording anorder or warrant in the County Clerk Lien Record, a complainant or claimant oran attorney for an agency, complainant or claimant may file in the circuitcourt for the county where the order or warrant is recorded, a copy of theoriginal order or warrant certified by the agency to be a true copy oforiginal, and an affidavit of the complainant, claimant or attorney verifyingthat the order or warrant was recorded in the County Clerk Lien Record for thatcounty, the date that the order or warrant was recorded and the date on whichany notice of renewal was recorded under subsection (2) of this section.Subject to any other requirements that may apply to the enforcement remedysought by the agency, complainant or claimant, proceedings may thereafter becommenced by the agency, complainant or claimant for the enforcement of theorder or warrant, in the same manner as provided for the enforcement ofjudgments issued by a court. Enforcement proceedings may include:
(a)Writ of execution proceedings under ORS 18.252 to 18.993.
(b)Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.
(c)Garnishment proceedings under ORS 18.600 to 18.850.
(2)At any time within 10 years after the recording of an order or warrant, anagency, complainant or claimant, acting with or without the assistance of anattorney, may renew an order or warrant by recording a notice of renewal in theCounty Clerk Lien Record. A notice of renewal recorded within the timespecified by this subsection has the attributes and effect of an extension ofjudgment remedies noted in the register under ORS 18.182, from the date thatthe notice is recorded. A notice of renewal recorded under this section muststate:
(a)The name of the agency that issued the order or warrant or the name of thecomplainant or claimant in whose favor an order of the Construction ContractorsBoard or State Landscape Contractors Board has been given;
(b)The names of all persons against whom a monetary obligation is imposed underthe order or warrant; and
(c)The date of recording and the recording number, the book and page number forthe recording, or the volume and page number for the recording.
(3)For the purposes of this section:
(a)“Agency” means any state officer, board, commission, corporation, institution,department or other state body that has authority to record an order or warrantin the County Clerk Lien Record.
(b)“Complainant or claimant” means a person in favor of which a board order hasbeen recorded under the provisions of ORS 671.707 or 701.153. [1997 c.387 §2;1999 c.153 §6; 2001 c.249 §75; 2003 c.576 §195; 2007 c.793 §5; 2007 c.836 §41]
205.127Recording in County Clerk Lien Record required for certain liens. The CountyClerk Lien Record in each county where the real property is located is theplace of recording a lien filed pursuant to CERCLA, 100 U.S. Stat 1630. [1987c.586 §48]
205.130Recording duties of county clerk. The county clerk shall:
(1)Have the custody of, and safely keep and preserve all files and records ofdeeds and mortgages of real property, and a record of all maps, plats,contracts, powers of attorney and other interests affecting the title to realproperty required or permitted by law to be recorded.
(2)Record, or cause to be recorded, in a legible and permanent manner, and keep inthe office of the county clerk, all:
(a)Deeds and mortgages of real property, powers of attorney and contractsaffecting the title to real property, authorized by law to be recorded, assignmentsthereof and of any interest therein when properly acknowledged or proved andother interests affecting the title to real property required or permitted bylaw to be recorded;
(b)Certificates of sale of real property under execution or order of court, orassignments thereof or of any interest therein when properly acknowledged orproved;
(c)Certified copies of death certificates of any person appearing in the countyrecords as owning or having a claim or interest in land in the county. A death certificaterecorded in the deed records of a county under this subsection is a publicrecord and is not subject to the disclosure limitations under ORS 432.121;
(d)Instruments presented for recording by the United States or the State ofOregon, or a political subdivision of either, that affect title to or aninterest in real property or that lawfully concern real property;
(e)Instruments recognized under state law or rule or federal law or regulation asaffecting title to or an interest in real property if the instrument isproperly acknowledged or proved; and
(f)Orders from a county forestland-urban interface classification committee filedunder ORS 477.052.
(3)Keep and maintain:
(a)Deed and mortgage records;
(b)Statutory lien records;
(c)A record called the County Clerk Lien Record in which the following shall berecorded:
(A)The warrants and orders of officers and agencies that are required or permittedby law to be recorded; and
(B)All instruments presented for recordation when required or permitted by law tobe recorded that affect the title to or an interest in real property, otherthan instruments recorded in the deed and mortgage records or the statutorylien records;
(d)Releases, satisfactions, assignments, amendments and modifications of recordedinstruments; and
(e)Other instruments required or permitted by law to be recorded not affectinginterests in real property.
(4)Perform all the duties in regard to the recording and indexing of deeds andmortgages of real property, contracts, abstracts of judgments, notices ofpendency, powers of attorney and other interests when required or permitted bylaw to be recorded that affect the title of real property, and in regard to theentry of satisfaction and discharge of the same, together with other documentsrequired or permitted by law to be recorded.
(5)Incur no civil or criminal liability, either personally or in an officialcapacity, for recording an instrument that does not comply with the provisionsof law that require or allow the recording of the instrument. [Amended by 1983c.696 §8a; 1983 c.709 §43; 1983 c.763 §63; 1985 c.471 §16; 1987 c.215 §22; 1987c.586 §31; 1989 c.171 §28; 1989 c.179 §1; 1989 c.618 §11; 1989 c.706 §§1,2;1989 c.738 §15; 1989 c.764 §4; 1989 c.795 §3; 1989 c.841 §10; 1989 c.1035 §4;1991 c.230 §12; 1993 c.321 §2; 1999 c.654 §14a; 1999 c.710 §9; 2001 c.713 §2;2007 c.30 §12]
205.135Preparation of true copy of document not sufficiently legible to reproduce readablephotographic record.Whenever the text of a document presented for recording may be made out but isnot sufficiently legible to reproduce a readable photographic record, thecounty clerk shall require the person presenting it for recording to substitutea legible original document or prepare a true copy thereof by handwriting ortypewriting and attach the same to the original as a part of the document formaking the permanent photographic record. [1965 c.301 §1(1); 1999 c.654 §15;2005 c.22 §155]
205.140Transcript or copy of record as evidence. A transcript of the record ofany instruments duly recorded by the county clerk in any county under theauthority of ORS 205.130 and 205.160 to 205.190, or a photographic orphotostatic copy thereof, duly certified by the county clerk, under the seal ofoffice, may be recorded in the office of any county clerk or read in evidencein any court with like force and effect as the original instrument. [Amended by1999 c.654 §16]
205.150Seal of clerk.The county court shall provide a suitable seal for the use of the county clerk.
205.160Indexes kept by county clerk; use of alternative recording method allowed. (1) The countyclerk shall keep a direct general index and an indirect general index in theoffice of the clerk.
(2)The direct general index shall contain, but need not be limited to, thefollowing:
(a)Date and time of reception.
(b)Names of grantors.
(c)Names of grantees.
(d)Nature or type of instrument.
(e)Volume and page where recorded or the instrument number.
(f)Remarks.
(g)Brief description of tract.
(h)To whom delivered.
(i)Fees received.
(3)The clerk shall make correct entries in the direct general index of everyinstrument recorded under the appropriate heading, entering the names of thegrantors in alphabetical order.
(4)The indirect general index shall contain, but need not be limited to, thefollowing:
205.126 Enforcementof order or warrant recorded in County Clerk Lien Record; renewal of order orwarrant; notice of renewal
205.127 Recordingin County Clerk Lien Record required for certain liens
205.130 Recordingduties of county clerk
205.135 Preparationof true copy of document not sufficiently legible to reproduce readablephotographic record
205.140 Transcriptor copy of record as evidence
205.150 Sealof clerk
205.160 Indexeskept by county clerk; use of alternative recording method allowed
205.180 Entryin appropriate record of instruments received for recording
205.190 Recordof plats and maps of towns, villages, cemeteries
205.220 Recordingcopies of estate records; copy as evidence
205.232 Conditionsfor instruments to be recorded; exception
205.234 Requirementsfor first page of instruments to be recorded; cover sheet
205.236 Instrumentdescribing two or more transactions; recordation; fee
205.238 Returnof instrument after recordation
205.242 Clerkto receive and certify instruments during specified hours; exception
205.244 Recordingof corrected instruments
205.246 Instrumentsto be recorded; fees
205.255 Filingrequirement as recording requirement
COLLECTIONAND DISPOSITION OF FEES
205.320 Feescollected by county clerk; use of portion of certain fees
205.323 Additionalfees for recording certain instruments; use of fees
205.327 Penaltyfor presenting nonstandard instruments for recording
205.350 Feesfor approving and recording plats
205.360 Clerkto receipt and account for certain probate fees collected
205.365 Dispositionof County Clerk Lien Record fees
205.370 Paymentto and disposition of trial fees by court clerk
205.395 Paymentof fees by state agencies for entry in County Clerk Lien Record
INVALIDCLAIMS OF ENCUMBRANCE
205.450 Definitionsfor ORS 205.450 to 205.470
205.455 Invalidclaim of encumbrance; acceptance of filing prohibited; notice of invalid claim;form; posting notice; effect of filing invalid claim of encumbrance
205.460 Orderto show cause why invalid claim of encumbrance should not be discharged;petition; hearing; release of invalid claim; application
205.465 Claimof encumbrance against certain property invalid without judicial order
205.470 Liabilityfor filing invalid claim of encumbrance
MISCELLANEOUSPROVISIONS
205.510 Countyclerk not to act or have partner acting as attorney
205.515 Ordersor warrants issued by state agency or officer; docketing; transfer to CountyClerk Lien Record
205.525 Satisfactionof orders or warrants issued by state agency or officer; interest on penaltiesimposed by orders; recording release of lien in County Clerk Lien Record
PENALTIES
205.990 Penalties
GENERALPROVISIONS
205.010Definitions.(1) As used in the statutes of this state in reference to a chattel mortgageand action by the appropriate recording officer, “record,” “recorded” and “recording”mean “record or file,” “recorded or filed” or “recording or filing,” as thecontext requires.
(2)As used in this chapter:
(a)“Person” means an individual, organization, corporation, government,governmental subdivision or agency, business trust, partnership or association,two or more persons having a joint or common interest or any other legal orcommercial entity.
(b)“Text” includes the words contained in the body of an instrument to be recordedand the names of the transactions contained in the instrument. The term doesnot include instructions for completing the instrument, form numbers orstatutory references.
(c)“Transaction” means an action, including but not limited to a transfer,encumbrance or release affecting title to or an interest in real property, thatis required or permitted by state law or rule or federal law or regulation tobe recorded. [Amended by 1991 c.230 §10; 1993 c.321 §1; 2001 c.713 §1; 2005c.82 §1; 2009 c.294 §17]
POWERSAND DUTIES
205.110General powers and duties of county clerk. (1) The county clerk in eachcounty shall keep and maintain the records of the county governing body.
(2)The county clerk of any county in which the county court has judicial functionsshall, for the county court:
(a)Keep the seal of the court, and affix it in all cases required by law.
(b)Record the proceedings of the court.
(c)Keep the records, files, books and papers pertaining to the court.
(d)File all papers delivered to the clerk for that purpose in any action orproceeding in the court.
(e)Attend the terms of the court, administer oaths and receive the verdict of ajury in any action or proceeding therein, in the presence and under thedirection of the court.
(f)Under the direction of the court enter its orders and judgments.
(g)Authenticate, by certificate or transcript, as may be required, the records,files or proceedings of the court, or any paper pertaining thereto, and filedwith the clerk.
(h)Exercise the powers and perform the duties conferred upon the clerk by statute.
(i)In the performance of duties pertaining to the court, conform to the directionof the court.
(3)The county clerk may take and certify the proof and acknowledgment of aconveyance of real property or any other written instrument authorized orrequired to be proved or acknowledged. [1977 c.594 §2; 1981 s.s. c.3 §39; 1983c.327 §5; 1985 c.540 §40; 1991 c.230 §11]
205.120 [Repealed by1959 c.552 §16]
205.125County Clerk Lien Record; contents; effect. (1) The County Clerk Lien Recordmaintained under ORS 205.130 shall contain the following information for eachorder or warrant recorded:
(a)The name of any person subject to the order or warrant.
(b)The name of the officer and the agency that issued the order or warrant or thename of the complainant or claimant in whose favor an order of the ConstructionContractors Board or State Landscape Contractors Board has been given. The nameof the agency or board that issued the order or warrant must be clearly printedon the order or warrant.
(c)The amount of any monetary obligation imposed by the order or warrant, and thenames of all persons against whom the obligation is imposed.
(d)The date on which the order or warrant was received and recorded.
(e)Full or partial satisfaction, if any, of any lien claim created by the order orwarrant.
(f)County Clerk Lien Record instruments filed under ORS 205.130 (3)(c)(A) shall beon official letterhead and include the seals, if any, of the officers andagencies.
(g)Such other information as may be considered necessary by the county clerk.
(2)From the date that an order or warrant is recorded in the County Clerk LienRecord, the order or warrant shall have the attributes and effect of a judgmentthat has been entered in the register of the circuit court for that county,including but not limited to the creation of a judgment lien for any monetaryobligation in favor of the officer or agency issuing the order or warrant or infavor of the complainant or claimant in the proceedings before the ConstructionContractors Board or State Landscape Contractors Board, renewal and enforcementby supplementary proceedings, writs of execution, notices of garnishment andwrits of garnishment.
(3)From the date that an order or warrant imposing a monetary obligation isrecorded in the County Clerk Lien Record, the order or warrant becomes a lienupon the title to and interest in property of the person against whom it is issuedin the same manner as a judgment that creates a judgment lien under ORS chapter18.
(4)In addition to any other remedy provided by law, orders and warrants recordedin the County Clerk Lien Record may be enforced as provided in ORS 205.126. [1983c.696 §1; 1985 c.343 §10; 1987 c.586 §30; 1989 c.706 §2; 1997 c.387 §1; 1999c.153 §5; 1999 c.654 §13; 2003 c.576 §194; 2007 c.793 §4]
205.126Enforcement of order or warrant recorded in County Clerk Lien Record; renewalof order or warrant; notice of renewal. (1) At any time after recording anorder or warrant in the County Clerk Lien Record, a complainant or claimant oran attorney for an agency, complainant or claimant may file in the circuitcourt for the county where the order or warrant is recorded, a copy of theoriginal order or warrant certified by the agency to be a true copy oforiginal, and an affidavit of the complainant, claimant or attorney verifyingthat the order or warrant was recorded in the County Clerk Lien Record for thatcounty, the date that the order or warrant was recorded and the date on whichany notice of renewal was recorded under subsection (2) of this section.Subject to any other requirements that may apply to the enforcement remedysought by the agency, complainant or claimant, proceedings may thereafter becommenced by the agency, complainant or claimant for the enforcement of theorder or warrant, in the same manner as provided for the enforcement ofjudgments issued by a court. Enforcement proceedings may include:
(a)Writ of execution proceedings under ORS 18.252 to 18.993.
(b)Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.
(c)Garnishment proceedings under ORS 18.600 to 18.850.
(2)At any time within 10 years after the recording of an order or warrant, anagency, complainant or claimant, acting with or without the assistance of anattorney, may renew an order or warrant by recording a notice of renewal in theCounty Clerk Lien Record. A notice of renewal recorded within the timespecified by this subsection has the attributes and effect of an extension ofjudgment remedies noted in the register under ORS 18.182, from the date thatthe notice is recorded. A notice of renewal recorded under this section muststate:
(a)The name of the agency that issued the order or warrant or the name of thecomplainant or claimant in whose favor an order of the Construction ContractorsBoard or State Landscape Contractors Board has been given;
(b)The names of all persons against whom a monetary obligation is imposed underthe order or warrant; and
(c)The date of recording and the recording number, the book and page number forthe recording, or the volume and page number for the recording.
(3)For the purposes of this section:
(a)“Agency” means any state officer, board, commission, corporation, institution,department or other state body that has authority to record an order or warrantin the County Clerk Lien Record.
(b)“Complainant or claimant” means a person in favor of which a board order hasbeen recorded under the provisions of ORS 671.707 or 701.153. [1997 c.387 §2;1999 c.153 §6; 2001 c.249 §75; 2003 c.576 §195; 2007 c.793 §5; 2007 c.836 §41]
205.127Recording in County Clerk Lien Record required for certain liens. The CountyClerk Lien Record in each county where the real property is located is theplace of recording a lien filed pursuant to CERCLA, 100 U.S. Stat 1630. [1987c.586 §48]
205.130Recording duties of county clerk. The county clerk shall:
(1)Have the custody of, and safely keep and preserve all files and records ofdeeds and mortgages of real property, and a record of all maps, plats,contracts, powers of attorney and other interests affecting the title to realproperty required or permitted by law to be recorded.
(2)Record, or cause to be recorded, in a legible and permanent manner, and keep inthe office of the county clerk, all:
(a)Deeds and mortgages of real property, powers of attorney and contractsaffecting the title to real property, authorized by law to be recorded, assignmentsthereof and of any interest therein when properly acknowledged or proved andother interests affecting the title to real property required or permitted bylaw to be recorded;
(b)Certificates of sale of real property under execution or order of court, orassignments thereof or of any interest therein when properly acknowledged orproved;
(c)Certified copies of death certificates of any person appearing in the countyrecords as owning or having a claim or interest in land in the county. A death certificaterecorded in the deed records of a county under this subsection is a publicrecord and is not subject to the disclosure limitations under ORS 432.121;
(d)Instruments presented for recording by the United States or the State ofOregon, or a political subdivision of either, that affect title to or aninterest in real property or that lawfully concern real property;
(e)Instruments recognized under state law or rule or federal law or regulation asaffecting title to or an interest in real property if the instrument isproperly acknowledged or proved; and
(f)Orders from a county forestland-urban interface classification committee filedunder ORS 477.052.
(3)Keep and maintain:
(a)Deed and mortgage records;
(b)Statutory lien records;
(c)A record called the County Clerk Lien Record in which the following shall berecorded:
(A)The warrants and orders of officers and agencies that are required or permittedby law to be recorded; and
(B)All instruments presented for recordation when required or permitted by law tobe recorded that affect the title to or an interest in real property, otherthan instruments recorded in the deed and mortgage records or the statutorylien records;
(d)Releases, satisfactions, assignments, amendments and modifications of recordedinstruments; and
(e)Other instruments required or permitted by law to be recorded not affectinginterests in real property.
(4)Perform all the duties in regard to the recording and indexing of deeds andmortgages of real property, contracts, abstracts of judgments, notices ofpendency, powers of attorney and other interests when required or permitted bylaw to be recorded that affect the title of real property, and in regard to theentry of satisfaction and discharge of the same, together with other documentsrequired or permitted by law to be recorded.
(5)Incur no civil or criminal liability, either personally or in an officialcapacity, for recording an instrument that does not comply with the provisionsof law that require or allow the recording of the instrument. [Amended by 1983c.696 §8a; 1983 c.709 §43; 1983 c.763 §63; 1985 c.471 §16; 1987 c.215 §22; 1987c.586 §31; 1989 c.171 §28; 1989 c.179 §1; 1989 c.618 §11; 1989 c.706 §§1,2;1989 c.738 §15; 1989 c.764 §4; 1989 c.795 §3; 1989 c.841 §10; 1989 c.1035 §4;1991 c.230 §12; 1993 c.321 §2; 1999 c.654 §14a; 1999 c.710 §9; 2001 c.713 §2;2007 c.30 §12]
205.135Preparation of true copy of document not sufficiently legible to reproduce readablephotographic record.Whenever the text of a document presented for recording may be made out but isnot sufficiently legible to reproduce a readable photographic record, thecounty clerk shall require the person presenting it for recording to substitutea legible original document or prepare a true copy thereof by handwriting ortypewriting and attach the same to the original as a part of the document formaking the permanent photographic record. [1965 c.301 §1(1); 1999 c.654 §15;2005 c.22 §155]
205.140Transcript or copy of record as evidence. A transcript of the record ofany instruments duly recorded by the county clerk in any county under theauthority of ORS 205.130 and 205.160 to 205.190, or a photographic orphotostatic copy thereof, duly certified by the county clerk, under the seal ofoffice, may be recorded in the office of any county clerk or read in evidencein any court with like force and effect as the original instrument. [Amended by1999 c.654 §16]
205.150Seal of clerk.The county court shall provide a suitable seal for the use of the county clerk.
205.160Indexes kept by county clerk; use of alternative recording method allowed. (1) The countyclerk shall keep a direct general index and an indirect general index in theoffice of the clerk.
(2)The direct general index shall contain, but need not be limited to, thefollowing:
(a)Date and time of reception.
(b)Names of grantors.
(c)Names of grantees.
(d)Nature or type of instrument.
(e)Volume and page where recorded or the instrument number.
(f)Remarks.
(g)Brief description of tract.
(h)To whom delivered.
(i)Fees received.
(3)The clerk shall make correct entries in the direct general index of everyinstrument recorded under the appropriate heading, entering the names of thegrantors in alphabetical order.
(4)The indirect general index shall contain, but need not be limited to, thefollowing:
205.126 Enforcementof order or warrant recorded in County Clerk Lien Record; renewal of order orwarrant; notice of renewal
205.127 Recordingin County Clerk Lien Record required for certain liens
205.130 Recordingduties of county clerk
205.135 Preparationof true copy of document not sufficiently legible to reproduce readablephotographic record
205.140 Transcriptor copy of record as evidence
205.150 Sealof clerk
205.160 Indexeskept by county clerk; use of alternative recording method allowed
205.180 Entryin appropriate record of instruments received for recording
205.190 Recordof plats and maps of towns, villages, cemeteries
205.220 Recordingcopies of estate records; copy as evidence
205.232 Conditionsfor instruments to be recorded; exception
205.234 Requirementsfor first page of instruments to be recorded; cover sheet
205.236 Instrumentdescribing two or more transactions; recordation; fee
205.238 Returnof instrument after recordation
205.242 Clerkto receive and certify instruments during specified hours; exception
205.244 Recordingof corrected instruments
205.246 Instrumentsto be recorded; fees
205.255 Filingrequirement as recording requirement
COLLECTIONAND DISPOSITION OF FEES
205.320 Feescollected by county clerk; use of portion of certain fees
205.323 Additionalfees for recording certain instruments; use of fees
205.327 Penaltyfor presenting nonstandard instruments for recording
205.350 Feesfor approving and recording plats
205.360 Clerkto receipt and account for certain probate fees collected
205.365 Dispositionof County Clerk Lien Record fees
205.370 Paymentto and disposition of trial fees by court clerk
205.395 Paymentof fees by state agencies for entry in County Clerk Lien Record
INVALIDCLAIMS OF ENCUMBRANCE
205.450 Definitionsfor ORS 205.450 to 205.470
205.455 Invalidclaim of encumbrance; acceptance of filing prohibited; notice of invalid claim;form; posting notice; effect of filing invalid claim of encumbrance
205.460 Orderto show cause why invalid claim of encumbrance should not be discharged;petition; hearing; release of invalid claim; application
205.465 Claimof encumbrance against certain property invalid without judicial order
205.470 Liabilityfor filing invalid claim of encumbrance
MISCELLANEOUSPROVISIONS
205.510 Countyclerk not to act or have partner acting as attorney
205.515 Ordersor warrants issued by state agency or officer; docketing; transfer to CountyClerk Lien Record
205.525 Satisfactionof orders or warrants issued by state agency or officer; interest on penaltiesimposed by orders; recording release of lien in County Clerk Lien Record
PENALTIES
205.990 Penalties
GENERALPROVISIONS
205.010Definitions.(1) As used in the statutes of this state in reference to a chattel mortgageand action by the appropriate recording officer, “record,” “recorded” and “recording”mean “record or file,” “recorded or filed” or “recording or filing,” as thecontext requires.
(2)As used in this chapter:
(a)“Person” means an individual, organization, corporation, government,governmental subdivision or agency, business trust, partnership or association,two or more persons having a joint or common interest or any other legal orcommercial entity.
(b)“Text” includes the words contained in the body of an instrument to be recordedand the names of the transactions contained in the instrument. The term doesnot include instructions for completing the instrument, form numbers orstatutory references.
(c)“Transaction” means an action, including but not limited to a transfer,encumbrance or release affecting title to or an interest in real property, thatis required or permitted by state law or rule or federal law or regulation tobe recorded. [Amended by 1991 c.230 §10; 1993 c.321 §1; 2001 c.713 §1; 2005c.82 §1; 2009 c.294 §17]
POWERSAND DUTIES
205.110General powers and duties of county clerk. (1) The county clerk in eachcounty shall keep and maintain the records of the county governing body.
(2)The county clerk of any county in which the county court has judicial functionsshall, for the county court:
(a)Keep the seal of the court, and affix it in all cases required by law.
(b)Record the proceedings of the court.
(c)Keep the records, files, books and papers pertaining to the court.
(d)File all papers delivered to the clerk for that purpose in any action orproceeding in the court.
(e)Attend the terms of the court, administer oaths and receive the verdict of ajury in any action or proceeding therein, in the presence and under thedirection of the court.
(f)Under the direction of the court enter its orders and judgments.
(g)Authenticate, by certificate or transcript, as may be required, the records,files or proceedings of the court, or any paper pertaining thereto, and filedwith the clerk.
(h)Exercise the powers and perform the duties conferred upon the clerk by statute.
(i)In the performance of duties pertaining to the court, conform to the directionof the court.
(3)The county clerk may take and certify the proof and acknowledgment of aconveyance of real property or any other written instrument authorized orrequired to be proved or acknowledged. [1977 c.594 §2; 1981 s.s. c.3 §39; 1983c.327 §5; 1985 c.540 §40; 1991 c.230 §11]
205.120 [Repealed by1959 c.552 §16]
205.125County Clerk Lien Record; contents; effect. (1) The County Clerk Lien Recordmaintained under ORS 205.130 shall contain the following information for eachorder or warrant recorded:
(a)The name of any person subject to the order or warrant.
(b)The name of the officer and the agency that issued the order or warrant or thename of the complainant or claimant in whose favor an order of the ConstructionContractors Board or State Landscape Contractors Board has been given. The nameof the agency or board that issued the order or warrant must be clearly printedon the order or warrant.
(c)The amount of any monetary obligation imposed by the order or warrant, and thenames of all persons against whom the obligation is imposed.
(d)The date on which the order or warrant was received and recorded.
(e)Full or partial satisfaction, if any, of any lien claim created by the order orwarrant.
(f)County Clerk Lien Record instruments filed under ORS 205.130 (3)(c)(A) shall beon official letterhead and include the seals, if any, of the officers andagencies.
(g)Such other information as may be considered necessary by the county clerk.
(2)From the date that an order or warrant is recorded in the County Clerk LienRecord, the order or warrant shall have the attributes and effect of a judgmentthat has been entered in the register of the circuit court for that county,including but not limited to the creation of a judgment lien for any monetaryobligation in favor of the officer or agency issuing the order or warrant or infavor of the complainant or claimant in the proceedings before the ConstructionContractors Board or State Landscape Contractors Board, renewal and enforcementby supplementary proceedings, writs of execution, notices of garnishment andwrits of garnishment.
(3)From the date that an order or warrant imposing a monetary obligation isrecorded in the County Clerk Lien Record, the order or warrant becomes a lienupon the title to and interest in property of the person against whom it is issuedin the same manner as a judgment that creates a judgment lien under ORS chapter18.
(4)In addition to any other remedy provided by law, orders and warrants recordedin the County Clerk Lien Record may be enforced as provided in ORS 205.126. [1983c.696 §1; 1985 c.343 §10; 1987 c.586 §30; 1989 c.706 §2; 1997 c.387 §1; 1999c.153 §5; 1999 c.654 §13; 2003 c.576 §194; 2007 c.793 §4]
205.126Enforcement of order or warrant recorded in County Clerk Lien Record; renewalof order or warrant; notice of renewal. (1) At any time after recording anorder or warrant in the County Clerk Lien Record, a complainant or claimant oran attorney for an agency, complainant or claimant may file in the circuitcourt for the county where the order or warrant is recorded, a copy of theoriginal order or warrant certified by the agency to be a true copy oforiginal, and an affidavit of the complainant, claimant or attorney verifyingthat the order or warrant was recorded in the County Clerk Lien Record for thatcounty, the date that the order or warrant was recorded and the date on whichany notice of renewal was recorded under subsection (2) of this section.Subject to any other requirements that may apply to the enforcement remedysought by the agency, complainant or claimant, proceedings may thereafter becommenced by the agency, complainant or claimant for the enforcement of theorder or warrant, in the same manner as provided for the enforcement ofjudgments issued by a court. Enforcement proceedings may include:
(a)Writ of execution proceedings under ORS 18.252 to 18.993.
(b)Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.
(c)Garnishment proceedings under ORS 18.600 to 18.850.
(2)At any time within 10 years after the recording of an order or warrant, anagency, complainant or claimant, acting with or without the assistance of anattorney, may renew an order or warrant by recording a notice of renewal in theCounty Clerk Lien Record. A notice of renewal recorded within the timespecified by this subsection has the attributes and effect of an extension ofjudgment remedies noted in the register under ORS 18.182, from the date thatthe notice is recorded. A notice of renewal recorded under this section muststate:
(a)The name of the agency that issued the order or warrant or the name of thecomplainant or claimant in whose favor an order of the Construction ContractorsBoard or State Landscape Contractors Board has been given;
(b)The names of all persons against whom a monetary obligation is imposed underthe order or warrant; and
(c)The date of recording and the recording number, the book and page number forthe recording, or the volume and page number for the recording.
(3)For the purposes of this section:
(a)“Agency” means any state officer, board, commission, corporation, institution,department or other state body that has authority to record an order or warrantin the County Clerk Lien Record.
(b)“Complainant or claimant” means a person in favor of which a board order hasbeen recorded under the provisions of ORS 671.707 or 701.153. [1997 c.387 §2;1999 c.153 §6; 2001 c.249 §75; 2003 c.576 §195; 2007 c.793 §5; 2007 c.836 §41]
205.127Recording in County Clerk Lien Record required for certain liens. The CountyClerk Lien Record in each county where the real property is located is theplace of recording a lien filed pursuant to CERCLA, 100 U.S. Stat 1630. [1987c.586 §48]
205.130Recording duties of county clerk. The county clerk shall:
(1)Have the custody of, and safely keep and preserve all files and records ofdeeds and mortgages of real property, and a record of all maps, plats,contracts, powers of attorney and other interests affecting the title to realproperty required or permitted by law to be recorded.
(2)Record, or cause to be recorded, in a legible and permanent manner, and keep inthe office of the county clerk, all:
(a)Deeds and mortgages of real property, powers of attorney and contractsaffecting the title to real property, authorized by law to be recorded, assignmentsthereof and of any interest therein when properly acknowledged or proved andother interests affecting the title to real property required or permitted bylaw to be recorded;
(b)Certificates of sale of real property under execution or order of court, orassignments thereof or of any interest therein when properly acknowledged orproved;
(c)Certified copies of death certificates of any person appearing in the countyrecords as owning or having a claim or interest in land in the county. A death certificaterecorded in the deed records of a county under this subsection is a publicrecord and is not subject to the disclosure limitations under ORS 432.121;
(d)Instruments presented for recording by the United States or the State ofOregon, or a political subdivision of either, that affect title to or aninterest in real property or that lawfully concern real property;
(e)Instruments recognized under state law or rule or federal law or regulation asaffecting title to or an interest in real property if the instrument isproperly acknowledged or proved; and
(f)Orders from a county forestland-urban interface classification committee filedunder ORS 477.052.
(3)Keep and maintain:
(a)Deed and mortgage records;
(b)Statutory lien records;
(c)A record called the County Clerk Lien Record in which the following shall berecorded:
(A)The warrants and orders of officers and agencies that are required or permittedby law to be recorded; and
(B)All instruments presented for recordation when required or permitted by law tobe recorded that affect the title to or an interest in real property, otherthan instruments recorded in the deed and mortgage records or the statutorylien records;
(d)Releases, satisfactions, assignments, amendments and modifications of recordedinstruments; and
(e)Other instruments required or permitted by law to be recorded not affectinginterests in real property.
(4)Perform all the duties in regard to the recording and indexing of deeds andmortgages of real property, contracts, abstracts of judgments, notices ofpendency, powers of attorney and other interests when required or permitted bylaw to be recorded that affect the title of real property, and in regard to theentry of satisfaction and discharge of the same, together with other documentsrequired or permitted by law to be recorded.
(5)Incur no civil or criminal liability, either personally or in an officialcapacity, for recording an instrument that does not comply with the provisionsof law that require or allow the recording of the instrument. [Amended by 1983c.696 §8a; 1983 c.709 §43; 1983 c.763 §63; 1985 c.471 §16; 1987 c.215 §22; 1987c.586 §31; 1989 c.171 §28; 1989 c.179 §1; 1989 c.618 §11; 1989 c.706 §§1,2;1989 c.738 §15; 1989 c.764 §4; 1989 c.795 §3; 1989 c.841 §10; 1989 c.1035 §4;1991 c.230 §12; 1993 c.321 §2; 1999 c.654 §14a; 1999 c.710 §9; 2001 c.713 §2;2007 c.30 §12]
205.135Preparation of true copy of document not sufficiently legible to reproduce readablephotographic record.Whenever the text of a document presented for recording may be made out but isnot sufficiently legible to reproduce a readable photographic record, thecounty clerk shall require the person presenting it for recording to substitutea legible original document or prepare a true copy thereof by handwriting ortypewriting and attach the same to the original as a part of the document formaking the permanent photographic record. [1965 c.301 §1(1); 1999 c.654 §15;2005 c.22 §155]
205.140Transcript or copy of record as evidence. A transcript of the record ofany instruments duly recorded by the county clerk in any county under theauthority of ORS 205.130 and 205.160 to 205.190, or a photographic orphotostatic copy thereof, duly certified by the county clerk, under the seal ofoffice, may be recorded in the office of any county clerk or read in evidencein any court with like force and effect as the original instrument. [Amended by1999 c.654 §16]
205.150Seal of clerk.The county court shall provide a suitable seal for the use of the county clerk.
205.160Indexes kept by county clerk; use of alternative recording method allowed. (1) The countyclerk shall keep a direct general index and an indirect general index in theoffice of the clerk.
(2)The direct general index shall contain, but need not be limited to, thefollowing:
(a)Date and time of reception.
(b)Names of grantors.
(c)Names of grantees.
(d)Nature or type of instrument.
(e)Volume and page where recorded or the instrument number.
(f)Remarks.
(g)Brief description of tract.
(h)To whom delivered.
(i)Fees received.
(3)The clerk shall make correct entries in the direct general index of everyinstrument recorded under the appropriate heading, entering the names of thegrantors in alphabetical order.
(4)The indirect general index shall contain, but need not be limited to, thefollowing:
