2015 ORS 205.470¹
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]

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


1 Legislative Counsel Committee, CHAPTER 205—County Clerks, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors205.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 205, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano205.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.