ORS 205.470
Liability for filing invalid claim of encumbrance


Any person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property bound by the claim of encumbrance for a sum of not less than $5,000 or for actual damages caused by the filing of the claim of encumbrance, whichever is greater, together with costs and reasonable attorney fees at trial and on appeal. Any grantee or other person purportedly benefited by an invalid encumbrance that is filed who willfully refuses to release the invalid encumbrance upon request of the owner of the property affected shall be liable to the owner for the damages and costs and reasonable attorney fees at trial and on appeal provided in this section. [1997 c.290 §5]

Source: Section 205.470 — Liability for filing invalid claim of encumbrance, https://www.­oregonlegislature.­gov/bills_laws/ors/ors205.­html.

Notes of Decisions

For person to be liable under provision, invalid claim of encumbrance must be filed or recorded. Baldwin and Baldwin, 257 Or App 346, 306 P3d 737 (2013), Sup Ct review denied

205.010
Definitions
205.110
General powers and duties of county clerk
205.125
County Clerk Lien Record
205.126
Enforcement of order or warrant recorded in County Clerk Lien Record
205.127
Recording in County Clerk Lien Record for certain liens
205.130
Recording duties of county clerk
205.135
Illegible document presented for recording
205.140
Transcript or copy of record
205.150
Seal of clerk
205.160
Indexes kept by county clerk
205.180
Entry in appropriate record of instruments received for recording
205.190
Record of plats and maps of towns, villages, cemeteries
205.220
Recording copies of estate records
205.232
Conditions for instruments to be recorded
205.234
Requirements for first page of instruments to be recorded
205.236
Labeling of instrument to be recorded
205.238
Return of instrument after recordation
205.242
Clerk to receive and certify instruments during specified hours
205.244
Rerecording of corrected instruments
205.246
Instruments to be recorded
205.255
Filing requirement as recording requirement
205.320
Fees collected by county clerk
205.323
Additional fees for recording certain instruments
205.327
Penalty for presenting nonstandard instruments for recording
205.350
Fees for approving and recording plats
205.360
Clerk to receipt and account for certain probate fees collected
205.365
Disposition of County Clerk Lien Record fees
205.370
Payment to and disposition of trial fees by court clerk
205.395
Payment of fees by state agencies for entry in County Clerk Lien Record
205.450
Definitions for ORS 205.450 to 205.470
205.455
Acceptance of filing of invalid claim of encumbrance prohibited
205.460
Order to show cause why invalid claim of encumbrance should not be stricken
205.465
Claim of encumbrance against certain property invalid without judicial order
205.470
Liability for filing invalid claim of encumbrance
205.510
County clerk not to act or have partner acting as attorney
205.515
Orders or warrants issued by state agency or officer
205.525
Interest on penalties imposed by orders
205.990
Penalties
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