2017 ORS 18.165¹
Priority of judgment lien over unrecorded conveyance

(1) If a judgment with lien effect under ORS 18.150 (Judgment liens in circuit courts), 18.152 (Establishing judgment liens in other counties) or 18.158 (Judgment lien based on judgment for child support or spousal support entered in another state) is entered or recorded in a county before a conveyance, or a memorandum of a conveyance, of real property of the debtor is recorded in that county, the conveyance of the judgment debtor’s interest is void as against the lien of the judgment unless:

(a) The grantee under the conveyance is a purchaser in good faith for a valuable consideration, the conveyance is delivered and accepted before the judgment is entered or recorded in the county where the property is located and the conveyance or memorandum of the conveyance is recorded within 20 days after delivery and acceptance of the conveyance, excluding Saturdays and legal holidays under ORS 187.010 (Legal holidays) and 187.020 (Additional legal holidays);

(b) The judgment creditor has actual notice, record notice or inquiry notice of a conveyance of the debtor’s interest to a grantee when the judgment is entered or recorded in the county;

(c) The conveyance by the debtor is a fulfillment deed entitled to priority over the judgment under ORS 93.645 (Priority of purchaser); or

(d) The conveyance is a mortgage, trust deed or other security instrument given by the debtor to secure financing for the purchase by the debtor of the real property described in the conveyance.

(2) For the purpose of subsection (1)(a) of this section, a memorandum of conveyance must contain the date of the instrument being memorialized, the names of the parties, a legal description of the real property involved and a description of the nature of the interest created. The memorandum must be signed by the person from whom the interest is intended to pass, and be acknowledged or proved in the manner provided for the acknowledgment or proof of deeds.

(3) As used in this section:

(a) “Conveyance” means a deed, a land sale contract, an assignment of all or any portion of a seller’s or purchaser’s interest in a land sale contract or any other agreement affecting the title of real property within this state, including a trust deed, a mortgage, an assignment for security purposes or an assignment solely of proceeds, given by a purchaser or seller under a land sale contract or given by a person with title to the real property.

(b) “Grantee” means:

(A) The person deemed to be the mortgagee under a trust deed pursuant to ORS 86.715 (Trust deed deemed to be mortgage on real property); and

(B) Any other person to whom the interest that is the subject of a conveyance is intended to pass. [Formerly 18.370; 2005 c.568 §21; 2007 c.166 §1]

(formerly 18.370)

Notes of Decisions

Failure to record legitimate transfer of prop­erty occurring prior to docketing of judg­ment does not make transferred prop­erty subject to judg­ment lien against transferror. Wilson v. Willamette Industries, 280 Or 45, 569 P2d 609 (1977)

Federal tax liens are not judg­ments for purposes of this sec­tion as no statute has conferred this status upon them. United Finance Co. v. King, 285 Or 173, 590 P2d 228 (1979)

Judg­ment liens of creditors of loan broker did not attach to real prop­erty recorded in name of loan broker, because loan broker held real prop­erty as trustee in resulting trust. Certified Mortgage Co. v. Shepherd, 115 Or App 228, 838 P2d 1082 (1992)

Chapter 18

Notes of Decisions

If terms used by trial court suffice to convey court’s concluding decision or decisions, and if terms are set forth in docu­ment properly titled as judg­ment, then judg­ment docu­ment contains judg­ment. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)

1 Legislative Counsel Committee, CHAPTER 18—Judgments, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors018.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 18, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano018.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.