ORS 93.740
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 sheriff’s 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 person’s 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:

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
Plaintiff’s 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]

Source: Section 93.740 — Notice of lis pendens; contents; recordation; effect; discharge, https://www.­oregonlegislature.­gov/bills_laws/ors/ors093.­html.

Notes of Decisions

Filing of complaint in dissolution action or other civil action that involves title to, interest in or lien upon real property creates lis pendens in county of filing if complaint identifies parties, object of action and property involved. Hoyt v. American Traders, Inc., 301 Or 599, 725 P2d 336 (1986)

Claim before administrative agency does not permit filing of lis pendens notice because claim filed outside court system does not qualify as “suit.” Doughty v. Birkholtz, 156 Or App 89, 964 P2d 1108 (1998)

Claim before Construction Contractors Board does not permit filing of lis pendens notice because regulatory power of board does not include power to determine interest in real property. Doughty v. Birkholtz, 156 Or App 89, 964 P2d 1108 (1998)

Writ of review proceeding relating to partition of 150-acre parcel into one 146-acre parcel and two 2-acre parcels qualified as suit “in which the title to or any interest in or lien upon real property is involved, affected or brought into question,” permitting notice of lis pendens to be filed. Indian Ridge I, LLC v. Lenahan, 314 Or App 715, 497 P3d 806 (2021)

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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