ORS 131.579
Affidavit in response to notice of seizure for forfeiture


(1)

Intentionally left blank —Ed.

(a)

A financial institution holding an interest in property seized under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) shall respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the financial institution’s interest in the property was acquired:

(A)

In the regular course of business as a financial institution;

(B)

For valuable consideration;

(C)

Without knowledge of the prohibited conduct;

(D)

In good faith and without intent to defeat the interest of any potential seizing agency; and

(E)

With respect to personal property, prior to the seizure of the property, or with respect to real property, recorded prior to the recording of notice of the seizure of the real property in the mortgage records of the county in which the real property is located.

(b)

Failure to file an affidavit constitutes a default. The affidavit must be filed within 30 days from the date of service under ORS 131.570 (Notice of seizure for forfeiture).

(2)

Notwithstanding the provisions of subsection (1) of this section, any person, other than a financial institution, who transfers or conveys an interest in real property pursuant to a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 (Definitions for ORS 93.905 to 93.940) and who retains an interest in the real property, or any successor in interest, may respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the person:

(a)

Received the interest in return for valuable consideration or by way of devise or intestate succession;

(b)

Had no knowledge at the time of transfer or conveyance of the prohibited conduct;

(c)

Acted in good faith and without intent to defeat the interest of any potential seizing agency;

(d)

Recorded the interest in the mortgage records of the county in which the real property is located prior to the recording of any notice of intent to seize or notice of seizure; and

(e)

Continued to hold the interest without acquiescing in the prohibited conduct.

(3)

The affidavit permitted by subsection (2) of this section must be filed within 30 days from the date of service under ORS 131.570 (Notice of seizure for forfeiture). Failure to file an affidavit as set forth in subsection (2) of this section constitutes a default.

(4)

In response to an affidavit filed under subsection (2) of this section, the seizing agency may controvert any or all of the assertions made in the affidavit. The affidavit of the seizing agency must be filed with the court within 20 days after the date the affidavit is filed under subsection (2) of this section. The transferor, conveyor or successor in interest may respond, within five days after the filing of the affidavit of the seizing agency, with a supplemental affidavit limited to the matters stated in the affidavit of the seizing agency. If the seizing agency does not file an affidavit within the time allowed, the transferor, conveyor or successor in interest is considered to be a financial institution for all purposes under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements).

(5)

If the seizing agency files an affidavit under subsection (4) of this section, the court shall decide the issues raised in the affidavit in a proceeding under ORS 131.582 (Prosecution of criminal forfeiture). [2005 c.830 §11]

Source: Section 131.579 — Affidavit in response to notice of seizure for forfeiture, https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html.

131.005
General definitions
131.007
“Victim” defined
131.015
Application to prior and subsequent actions
131.025
Parties in criminal action
131.035
When departures, errors or mistakes in pleadings or proceedings are material
131.040
When law enforcement officer may communicate with person represented by counsel
131.045
Appearances by simultaneous electronic transmission
131.105
Timeliness of criminal actions
131.125
Time limitations
131.135
When prosecution commenced
131.145
When time starts to run
131.155
Tolling of statute
131.205
Definition for ORS 131.205 to 131.235
131.215
Jurisdiction
131.225
Exceptions
131.235
Criminal homicide
131.305
Place of trial
131.315
Special provisions
131.325
Place of trial
131.335
Change of venue
131.345
Motion for change of venue
131.355
Change of venue for prejudice
131.363
Change of venue in other cases
131.375
Notification on change of venue
131.385
When change of venue is complete
131.395
Expenses of change
131.405
Attendance of defendant at new place of trial
131.415
Conveyance of defendant in custody after change of venue
131.505
Definitions for ORS 131.505 to 131.525
131.515
Previous prosecution
131.525
Previous prosecution
131.535
Proceedings not constituting acquittal
131.550
Definitions for ORS 131.550 to 131.600
131.553
Legislative findings
131.556
Right, title and interest in forfeited property vests in seizing agency
131.558
Property subject to forfeiture
131.561
Seizure of property subject to forfeiture
131.564
Status of seized property
131.566
Motor vehicle with hidden compartment
131.567
Recorded notice of intent to forfeit real property
131.570
Notice of seizure for forfeiture
131.573
Petition for expedited hearing
131.576
Order restoring custody of property after expedited hearing
131.579
Affidavit in response to notice of seizure for forfeiture
131.582
Prosecution of criminal forfeiture
131.585
Extent of judgment
131.588
Judgment of forfeiture
131.591
Equitable distribution of property or proceeds
131.594
Disposition and distribution of forfeited property when seizing agency not the state
131.597
Disposition and distribution of forfeited property when seizing agency is the state
131.600
Record keeping and reporting requirements
131.602
Prohibited conduct for purposes of instrumentalities of crime
131.604
Disposition of forfeited cigarettes
131.605
Definitions for ORS 131.605 to 131.625
131.615
Stopping of persons
131.625
Frisk of stopped persons
131.655
Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater
131.665
Prevention by public officers
131.675
Dispersal of unlawful assemblages
131.685
Authority of Governor to enter into agreements with other states for crime prevention purposes
131.705
Definitions for ORS 131.705 to 131.735
131.715
Proclamation of emergency period by Governor
131.725
Exclusion from public property
131.735
Review of exclusion order
131.805
Authority to employ special agents
131.815
Presentment of facts to circuit court
131.825
Hearing
131.835
Request that judge of another district conduct hearing
131.845
Findings
131.855
Appointment of special officers on finding that laws are not enforced
131.860
Qualifying of special officers
131.865
Compensation of special officers
131.875
Effect of appointment of special officers on salary of regular officers
131.880
Appointment of railroad police officers
131.885
Offer of reward
131.890
Entitlement to reward
131.892
Offer of reward for information on commission of criminal offense
131.895
Procedure for payment
131.897
Authority to order repayment of reward as part of sentence
131.900
Liability for medical expenses for person restrained, detained or taken into custody
131.905
Legislative findings
131.906
Law Enforcement Contacts Policy and Data Review Committee
131.908
Funding contributions
131.909
Moneys received
131.915
Definitions
131.920
Policies and procedures prohibiting profiling
131.925
Complaints alleging profiling
131.930
Definitions
131.935
Collection of officer-initiated stop data
131.940
Analysis of stop data to identify profiling
131.945
Training for law enforcement agencies
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