ORS 93.643
Method of giving constructive notice of interest in real property

  • electronic lien records

(1)

To give constructive notice of an interest in real property, a person must have documentation of the interest recorded in the indices maintained under ORS 205.130 (Recording duties of county clerk) in the county where the property is located. Such recordation, and no other record, constitutes constructive notice to any person of the existence of the interest, except:

(a)

Constructive notice may be given as provided in ORS 311.405 (Tax as lien) and ORS chapters 87, 450, 451, 452, 453, 454, 455 and 456 and local government charters; or

(b)

A city may give constructive notice of a governmental lien by maintaining a record of the lien in an electronic medium that is accessible online during the regular business hours of the city.

(2)

Notwithstanding subsection (1) of this section:

(a)

A judgment lien attaches to real property of the judgment debtor as provided in ORS chapter 18.

(b)

A lien shall be created against all real property of the person named in an order or warrant as provided in ORS 205.125 (County Clerk Lien Record) if the order or warrant is recorded in the County Clerk Lien Record.

(c)

Constructive notice of either a local improvement district estimated assessment or a system development charge installment payment contract pursuant to ORS 223.290 (Payments entered on lien docket), created after September 9, 1995, is given only by one of the following methods:

(A)

By recording the notice of estimated assessment or the acceptance of the system development charge installment payment contract in the indices maintained under ORS 205.130 (Recording duties of county clerk) in the county in which the property is located. The recording shall include a description of real property in the manner prescribed in ORS 93.600 (Description of real property for purposes of recordation). The city shall continue to maintain the bond lien docket as prescribed in ORS 223.230 (Lien docket). The bond lien docket shall include a reference to the county recording by a document fee number or book and page number.

(B)

By recording the notice of estimated assessment or the acceptance of the system development charge installment payment contract through an online electronic medium. The electronic lien record shall be the controlling lien record, to the exclusion of any informational recording made by the city in county indices. The city informational recording shall include a clear statement of the purpose of the recording and a reference to the location of the electronic lien record.

(3)

A city that maintains records through an online electronic medium shall comply with the following requirements:

(a)

Each lien record shall consist of the effective date of the recording, a reference to the location of source documents or files, a description of real property in the manner prescribed in ORS 93.600 (Description of real property for purposes of recordation), a site address, if appropriate, a state property identification number or county property tax identification number, a lien account number or other account identifier, the amount of the estimated assessment or system development charge installment payment contract, the final assessment in the case of a local improvement assessment district and the current amount of principal balance.

(b)

Lien records shall be accessible through the online electronic medium to any individual or organization by mutual agreement with the city. Users of the online electronic medium shall be authorized to access the lien records from equipment maintained at sites of their choosing.

(4)

Recording of the satisfaction of a local improvement district assessment or system development charge installment payment contract shall be made in the same location as the original recording, either in the indices maintained under ORS 205.130 (Recording duties of county clerk) or in the lien docket maintained through an electronic medium as provided in this section.

(5)

A city that establishes an electronic lien record as authorized by this section shall record in the County Clerk Lien Record maintained under ORS 205.130 (Recording duties of county clerk) a statement that indicates the date and time at which the electronic lien record takes priority over the County Clerk Lien Record and that describes the methods by which the electronic lien records of the city are made accessible. [1987 c.586 §2a; 1995 c.709 §1; 1997 c.840 §1; 2003 c.576 §229; 2019 c.625 §65]

Source: Section 93.643 — Method of giving constructive notice of interest in real property; electronic lien records, https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html.

Notes of Decisions

Dissolution court acted beyond authority in modifying property division in dissolution decree and modification did not give constructive notice to state and bank of wife’s interest in residence. Spady v. Graves, 307 Or 483, 770 P2d 53 (1989)

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
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