ORS 93.645¹
Priority of purchaser
  • extinguishing judgment lien
  • right of judgment creditor
  • “judgment” defined

(1) The interest of the purchaser, the heirs and assigns of the purchaser, under a contract for the purchase and sale of realty, if such contract or memorandum thereof has been recorded in deed records, shall have priority over the lien of any subsequent judgment against the seller of the property, the heirs and assigns of the seller, and conveyance in fulfillment of said contract shall extinguish the lien of any such judgment.

(2) Subsection (1) of this section shall not be construed to limit the right of a judgment creditor to execute upon a vendor’s interest in a land sales contract.

(3) For the purposes of subsection (1) of this section, “judgment” includes any lien which by law becomes a lien upon real property in the same manner as a judgment, and includes a judgment or any such lien in favor of the State of Oregon and its agencies. [1975 c.270 §§1,2,3]

Notes of Decisions

Judg­ment lien against vendor in land sale contract remains viable until it is extinguished by conveyance, but vendee has priority over judg­ment creditor and may safely make pay­ments to vendor, unless judg­ment creditor has served vendee with notice of garnish­ment in execu­tion of judg­ment or has caused vendor’s interest to be sold on execu­tion. Wyllie v. Van Ruden, 76 Or App 598, 711 P2d 137 (1985)

“Seller” means per­son selling land under recorded land sale contract. Waite v. Dempsey, 203 Or App 136, 125 P3d 788 (2005)

Law Review Cita­tions

55 OLR 227-237 (1976)

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 (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 93, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano093.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information