Skip to main content
Find a Lawyer

Oregon Revised Statutes Counties and County Officers § 205.455

Current as of January 01, 2023 | Updated by FindLaw Staff

(1) No person or county shall accept for filing an invalid claim of encumbrance.

(2) No person or county shall accept for filing a claim of encumbrance against the property of a federal official or employee or a state or local official or employee based on the performance or nonperformance of the official duties of the official or employee unless accompanied by an order from a court of competent jurisdiction authorizing the filing of the encumbrance.

(3) A claim of encumbrance against the property of a federal official or employee or a state or local official or employee based on the performance or nonperformance of the official duties of the official or employee that is not accompanied by an order from a court of competent jurisdiction is an invalid claim of encumbrance and has no legal effect.

(4) If an invalid claim of encumbrance against the property of a federal official or employee or against the property of a state or local official or employee is accepted for filing, the filing officer shall accept for filing a notice of invalid encumbrance signed and submitted by:

(a) The assistant United States attorney representing the federal agency of which the individual is an official or employee;

(b) The assistant attorney general representing the state official, employee or agent, or the state agency, board, commission, department or public university listed in ORS 352.002 of which the individual is an official, employee or agent; or

(c) The attorney representing the community college or local school district, political subdivision or public corporation of which the individual is an official, employee or agent.

(5) A notice of invalid encumbrance shall be in substantially the following form:

NOTICE OF INVALID ENCUMBRANCE

FILED AGAINST

 

 

_________________

(Insert name)

 

(ORS 205.455)

______________________

IS A

_________________

 

 

(Name)

(Title)

NOTICE is hereby given that the document entitled __________, purporting to create an obligation against or an interest in the real or personal property of the person named above, filed and/or signed by __________ (insert name), and filed or recorded in book/reel/volume No.__________ on page __________ or document/fee/file/ instrument/microfilm No.__________ in the __________ (insert name of office where document was filed or recorded), is an invalid claim of encumbrance under ORS 205.450 and 205.455.

No order from a court of competent jurisdiction authorizing the filing of such encumbrance accompanied the filing and, pursuant to ORS 205.455, the encumbrance has no legal effect and is invalid.

A copy of this Notice of Invalid Encumbrance has been mailed this day by depositing a true copy of the notice in the United States mail, addressed to __________ (name and address of encumbrance claimant), the last-known address of __________ (insert name of encumbrance claimant).

 

DATED this ___ day of __________, ___.

 

________________________________________________

Attorney for __________

 

SUBSCRIBED AND SWORN to before me this __ day of __________, __.

_______________________________________________.

NOTARY PUBLIC FOR OREGON

My commission expires: __________

(6) A copy of the notice of invalid encumbrance filed under this section shall be posted at the county courthouse and mailed by the attorney to the encumbrance claimant at the encumbrance claimant's last-known address, if available.

(7) No person or county shall be liable under this section for accepting for filing an invalid claim of encumbrance or for accepting for filing a notice of invalid encumbrance.

(8) Filing a notice of invalid encumbrance under this section shall clear title to all property that is affected by the claim of encumbrance that is the subject of the notice of invalid encumbrance from all claims, liens, charges or liabilities attached to the property under the claim of encumbrance.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Oregon Revised Statutes Counties and County Officers § 205.455 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-20-counties-and-county-officers/or-rev-st-sect-205-455/

Read this complete Oregon Revised Statutes Counties and County Officers § 205.455 on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Oregon Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

    More Options
    Copied to clipboard