2011 ORS § 93.740¹
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 sheriffs 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 persons 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

Plaintiffs 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]