Recording affidavit after forfeiture
- • affidavit as evidence
(1) When a contract for conveyance of real property has been forfeited in accordance with its terms after the seller has given notice to the purchaser as provided in ORS 93.915 (Notice of default), the seller shall record an affidavit with the property description, a copy of the notice of default and proof of mailing attached, setting forth that the default of the purchaser under the terms of the contract was not cured within the time period provided in ORS 93.915 (Notice of default) and that the contract has been forfeited. When the affidavit is recorded in the deed records of the county where the property described therein is located, the recitals contained in the affidavit shall be prima facie evidence in any court of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them.
(2) Except as otherwise provided in ORS 93.905 (Definitions for ORS 93.905 to 93.940) to 93.945 (Application of ORS 93.910 to 93.940) and except to the extent otherwise provided in the contract or other agreement with the seller, forfeiture of a contract under ORS 93.905 (Definitions for ORS 93.905 to 93.940) to 93.930 (Recording affidavit after forfeiture) shall have the following effects:
(a) The purchaser and all persons claiming through the purchaser who were given the required notices pursuant to ORS 93.915 (Notice of default), shall have no further rights in the contract or the property and no person shall have any right, by statute or otherwise, to redeem the property. The failure to give notice to any of these persons shall not affect the validity of the forfeiture as to persons so notified;
(b) All sums previously paid under the contract by or on behalf of the purchaser shall belong to and be retained by the seller or other person to whom paid; and
(c) All of the rights of the purchaser to all improvements made to the property at the time the declaration of forfeiture is recorded shall be forfeited to the seller and the seller shall be entitled to possession of the property on the 10th day after the declaration of forfeiture is recorded. Any persons remaining in possession after that day under any interest, except one prior to the contract, shall be deemed to be tenants at sufferance. Such persons may be removed from possession by following the procedures set out in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) or other applicable judicial procedures.
(3) After the declaration of forfeiture is recorded, the seller shall have no claim against the purchaser and the purchaser shall not be liable to the seller for any portion of the purchase price unpaid or for any other breach of the purchaser’s obligations under the contract. [1985 c.718 §6; 1987 c.717 §3]
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