2015 ORS 93.640¹
Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser

(1) Every conveyance, deed, land sale contract, assignment of all or any portion of a seller’s or purchaser’s interest in a land sale contract or other agreement or memorandum thereof affecting the title of real property within this state which is not recorded as provided by law is void as against any subsequent purchaser in good faith and for a valuable consideration of the same real property, or any portion thereof, whose conveyance, deed, land sale contract, assignment of all or any portion of a seller’s or purchaser’s interest in a land sale contract or other agreement or memorandum thereof is first filed for record, and as against the heirs and assigns of such subsequent purchaser. As used in this section, "every conveyance, deed, land sale contract, assignment of all or any portion of a seller’s or purchaser’s interest in a land sale contract or other agreement or memorandum thereof affecting the title of real property" includes mortgages, trust deeds, and assignments for security purposes or assignments solely of proceeds, given by purchasers or sellers under land sale contract. As used in this section, "memorandum" means an instrument that contains the date of the instrument being memorialized, the names of the parties, a legal description of the real property involved, and the nature of the interest created, which is signed by the person from whom the interest is intended to pass, and acknowledged or proved in the manner provided for the acknowledgment or proof of deeds. A memorandum of an instrument conveying or contracting to convey fee title to any real estate shall state on its face the true and actual consideration paid for such transfer as provided in ORS 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration).

(2) Every assignment of sheriffs’ certificates of sale of real property on execution or mortgage foreclosure which is not recorded in the records of deeds in the county where the land is situated within five days after its execution is void as against any subsequent purchaser in good faith and for a valuable consideration of such certificate of sale, or the real property covered thereby, or any portion thereof, whose assignment is first recorded. [Amended by 1973 c.696 §19; 1977 c.605 §2; 1987 c.225 §1; 1989 c.516 §1]

Notes of Decisions

Where mortgagee had no actual notice of unrecorded earnest money agree­ment, use of bargain and sale deed rather than warranty deed to create mortgage did not deny him status of "sub­se­quent purchaser in good faith" as matter of law. Armstrong v. Lovelace, 285 Or 313, 590 P2d 1231 (1979)

Where purchaser of prop­erty who recorded his conveyance brought quiet title suit against prior purchaser of same prop­erty whose conveyance had not been recorded under this sec­tion, sub­se­quent purchaser had burden of proving that sub­se­quent purchase was in good faith and for valuable considera­tion. Nelson v. Hughes, 290 Or 653, 625 P2d 643 (1981)

Where dissolu­tion decree is issued in county where real prop­erty is located, sub­se­quent purchasers of prop­erty have constructive notice of interest granted by decree notwithstanding that interest has not been registered. Partlow v. Clark, 295 Or 778, 671 P2d 103 (1983)

Although party cannot be sub­se­quent purchaser in good faith under this sec­tion if it has actual or imputed knowledge of prior unrecorded interest at time of its purchase, that prior interest must be valid under Statute of Frauds to be protected. FDIC v. Davis, 82 Or App 8, 727 P2d 133 (1986)

Because plaintiff had actual notice of prior assign­ment to defendant, plaintiff's recording of assign­ment earlier than defendant's is irrelevant since plaintiff failed to allege that plaintiff obtained any interest under unrecorded assign­ments. Calhoun v. Higgins, 103 Or App 414, 797 P2d 404 (1990)

Lien claim and foreclosure judg­ment do not convey, create or memorialize ownership interest in subject prop­erty. HGC Limited v. Cascade Pension Trust, 174 Or App 464, 26 P3d 842 (2001)

Atty. Gen. Opinions

Recording loca­tion, type and de­gree of hazard of ma­te­ri­al buried in hazardous waste disposal site, (1979) Vol 40, p 188

Chapter 93

Atty. Gen. Opinions

Records involving title to real prop­erty registered under the Torrens system, (1972) Vol 35, p 1032


1 Legislative Counsel Committee, CHAPTER 93—Conveyancing and Recording, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors093.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 93, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano093.­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.