Method of giving constructive notice of interest in real property
- • electronic lien records
(1) To give constructive notice of an interest in real property, a person must have documentation of the interest recorded in the indices maintained under ORS 205.130 (Recording duties of county clerk) in the county where the property is located. Such recordation, and no other record, constitutes constructive notice to any person of the existence of the interest, except:
(a) Constructive notice may be given as provided in ORS 311.405 (Tax as lien) and 446.515 (Policy to encourage settlement of disputes) to 446.547 (Mobile home and manufactured dwelling park to establish informal dispute resolution procedure) and ORS chapters 87, 450, 451, 452, 453, 454, 455 and 456 and local government charters; or
(b) A city may give constructive notice of a governmental lien by maintaining a record of the lien in an electronic medium that is accessible online during the regular business hours of the city.
(2) Notwithstanding subsection (1) of this section:
(a) A judgment lien attaches to real property of the judgment debtor as provided in ORS chapter 18.
(b) A lien shall be created against all real property of the person named in an order or warrant as provided in ORS 205.125 (County Clerk Lien Record) if the order or warrant is recorded in the County Clerk Lien Record.
(c) Constructive notice of either a local improvement district estimated assessment or a system development charge installment payment contract pursuant to ORS 223.290 (Payments entered on lien docket), created after September 9, 1995, is given only by one of the following methods:
(A) By recording the notice of estimated assessment or the acceptance of the system development charge installment payment contract in the indices maintained under ORS 205.130 (Recording duties of county clerk) in the county in which the property is located. The recording shall include a description of real property in the manner prescribed in ORS 93.600 (Description of real property for purposes of recordation). The city shall continue to maintain the bond lien docket as prescribed in ORS 223.230 (Lien docket). The bond lien docket shall include a reference to the county recording by a document fee number or book and page number.
(B) By recording the notice of estimated assessment or the acceptance of the system development charge installment payment contract through an online electronic medium. The electronic lien record shall be the controlling lien record, to the exclusion of any informational recording made by the city in county indices. The city informational recording shall include a clear statement of the purpose of the recording and a reference to the location of the electronic lien record.
(3) A city that maintains records through an online electronic medium shall comply with the following requirements:
(a) Each lien record shall consist of the effective date of the recording, a reference to the location of source documents or files, a description of real property in the manner prescribed in ORS 93.600 (Description of real property for purposes of recordation), a site address, if appropriate, a state property identification number or county property tax identification number, a lien account number or other account identifier, the amount of the estimated assessment or system development charge installment payment contract, the final assessment in the case of a local improvement assessment district and the current amount of principal balance.
(b) Lien records shall be accessible through the online electronic medium to any individual or organization by mutual agreement with the city. Users of the online electronic medium shall be authorized to access the lien records from equipment maintained at sites of their choosing.
(4) Recording of the satisfaction of a local improvement district assessment or system development charge installment payment contract shall be made in the same location as the original recording, either in the indices maintained under ORS 205.130 (Recording duties of county clerk) or in the lien docket maintained through an electronic medium as provided in this section.
(5) A city that establishes an electronic lien record as authorized by this section shall record in the County Clerk Lien Record maintained under ORS 205.130 (Recording duties of county clerk) a statement that indicates the date and time at which the electronic lien record takes priority over the County Clerk Lien Record and that describes the methods by which the electronic lien records of the city are made accessible. [1987 c.586 §2a; 1995 c.709 §1; 1997 c.840 §1; 2003 c.576 §229]
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