2015 ORS 205.455¹
Invalid claim of encumbrance
  • acceptance of filing prohibited
  • notice of invalid claim
  • form
  • posting notice
  • effect of filing invalid claim of encumbrance

(1) No person or county shall accept for filing an invalid claim of encumbrance.

(2) No person or county shall accept for filing a claim of encumbrance against the property of a federal official or employee or a state or local official or employee based on the performance or nonperformance of the official duties of the official or employee unless accompanied by an order from a court of competent jurisdiction authorizing the filing of the encumbrance.

(3) A claim of encumbrance against the property of a federal official or employee or a state or local official or employee based on the performance or nonperformance of the official duties of the official or employee that is not accompanied by an order from a court of competent jurisdiction is an invalid claim of encumbrance and has no legal effect.

(4) If an invalid claim of encumbrance against the property of a federal official or employee or against the property of a state or local official or employee is accepted for filing, the filing officer shall accept for filing a notice of invalid encumbrance signed and submitted by:

(a) The assistant United States attorney representing the federal agency of which the individual is an official or employee;

(b) The assistant attorney general representing the state official, employee or agent, or the state agency, board, commission, department or public university listed in ORS 352.002 (Public universities) of which the individual is an official, employee or agent; or

(c) The attorney representing the community college or local school district, political subdivision or public corporation of which the individual is an official, employee or agent.

(5) A notice of invalid encumbrance shall be in substantially the following form:

______________________________________________________________________________

_________(Insert name)

_________ IS A _________

(Name) (Title)

NOTICE is hereby given that the document entitled_________, purporting to create an obligation against or an interest in the real or personal property of the person named above, filed and/or signed by _________ (insert name), and filed or recorded in book/reel/volume No. _____on page _____ or document/fee/file/ instrument/microfilm No. _____in the _________ (insert name of office where document was filed or recorded), is an invalid claim of encumbrance under ORS 205.450 (Definitions for ORS 205.450 to 205.470) and 205.455 (Invalid claim of encumbrance).

No order from a court of competent jurisdiction authorizing the filing of such encumbrance accompanied the filing and, pursuant to ORS 205.455 (Invalid claim of encumbrance), the encumbrance has no legal effect and is invalid.

A copy of this Notice of Invalid Encumbrance has been mailed this day by depositing a true copy of the notice in the United States mail, addressed to _________ (name and address of encumbrance claimant), the last-known address of _________ (insert name of encumbrance claimant).

DATED this ___ day of______,___.

______________________

Attorney for _________

SUBSCRIBED AND SWORN to before me this ___ day of _________, ___.

______________________

NOTARY PUBLIC FOR OREGON

My commission expires: ______

______________________________________________________________________________

(6) A copy of the notice of invalid encumbrance filed under this section shall be posted at the county courthouse and mailed by the attorney to the encumbrance claimant at the encumbrance claimant’s last-known address, if available.

(7) No person or county shall be liable under this section for accepting for filing an invalid claim of encumbrance or for accepting for filing a notice of invalid encumbrance.

(8) Filing a notice of invalid encumbrance under this section shall clear title to all property that is affected by the claim of encumbrance that is the subject of the notice of invalid encumbrance from all claims, liens, charges or liabilities attached to the property under the claim of encumbrance. [1997 c.290 §2; 2011 c.637 §71]


1 Legislative Counsel Committee, CHAPTER 205—County Clerks, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors205.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.