Usa Oregon

USA Statutes : oregon
Title : TITLE 09 MORTGAGES AND LIENS
Chapter : Chapter 93 Conveyancing and Recording
Conveyances of lands, or of any
estate or interest therein, may be made by deed, signed by the person of
lawful age from whom the estate or interest is intended to pass, or by
the lawful agent or attorney of the person, and acknowledged or proved,
and recorded without any other act or ceremony. No seal of the grantor,
corporate or otherwise, shall be required on the deed. [Amended by 1965
c.502 §4](1) No estate or interest in real property, other than a lease
for term not exceeding one year, nor any trust or power concerning such
property, can be created, transferred or declared otherwise than by
operation of law or by a conveyance or other instrument in writing,
subscribed by the party creating, transferring or declaring it, or by the
lawful agent of the party under written authority, and executed with such
formalities as are required by law.

(2) This section does not affect the power of a testator in the
disposition of real property by a last will and testament, nor to prevent
a trust from arising or being extinguished by implication or operation of
law, nor to affect the power of a court to compel the specific
performance of an agreement in relation to such property.(1) As used in this section,
“consideration” includes the amount of cash and the amount of any lien,
mortgage, contract, indebtedness or other encumbrance existing against
the property to which the property remains subject or which the purchaser
agrees to pay or assume.

(2) All instruments conveying or contracting to convey fee title to
any real estate, and all memoranda of such instruments, shall state on
the face of such instruments the true and actual consideration paid for
such transfer, stated in terms of dollars. However, if the actual
consideration consists of or includes other property or other value given
or promised, neither the monetary value nor a description of such other
property or value need be stated so long as it is noted on the face of
the instrument that other property or value was either part or the whole
consideration.

(3) The statement of consideration as required by subsection (2) of
this section shall be made by a grantor or a grantee. Failure to make
such statement does not invalidate the conveyance.

(4) If the statement of consideration is in the body of the
instrument preceding the signatures, execution of the instrument shall
constitute a certification of the truth of the statement. If there is a
separate statement of consideration on the face of the instrument, it
shall be signed separately from the instrument, and such execution shall
constitute a certification of the truth of the statement by the person
signing. No particular form is required for the statement so long as the
requirements of this section are reasonably met.

(5) No instrument conveying or contracting to convey fee title to
any real estate nor any memorandum of such an instrument shall be
accepted for recording by any county clerk or recording officer in this
state unless the statement of consideration required by this section is
included on the face of the instrument.

(6) This section applies to instruments executed on or after
January 1, 1968. [1967 c.462 §§1,3; 1967 s.s. c.7 §1; 1977 c.605 §1; 1999
c.654 §7](1) The following statement shall be
included in the body of an instrument transferring or contracting to
transfer fee title to real property except for owner’s sale agreements or
earnest money receipts, or both, as provided in subsection (2) of this
section: “BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY,
UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE
CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE
ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN
ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY
OWNERS, IF ANY, UNDER ORS 197.352.”

(2) In all owner’s sale agreements and earnest money receipts,
there shall be included in the body of the instrument the following
statement: “THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A
FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT
TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT
AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL
ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY,
UNDER ORS 197.352. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES,
THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352.”

(3) In all owners’ sale agreements and earnest money receipts
subject to ORS 358.505, there shall be included in the body of the
instrument or by addendum the following statement: “THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL ASSESSMENT UNDER ORS
358.505. ORS 358.515 REQUIRES NOTIFICATION TO THE STATE HISTORIC
PRESERVATION OFFICER OF SALE OR TRANSFER OF THIS PROPERTY.”

(4) An action may not be maintained against the county recording
officer for recording an instrument that does not contain the statement
required in subsection (1) or (2) of this section.

(5) An action may not be maintained against any person for failure
to include in the instrument the statement required in subsection (1) or
(2) of this section, or for recording an instrument that does not contain
the statement required in subsection (1) or (2) of this section, unless
the person acquiring or agreeing to acquire fee title to the real
property would not have executed or accepted the instrument but for the
absence in the instrument of the statement required by subsection (1) or
(2) of this section. An action may not be maintained by the person
acquiring or agreeing to acquire fee title to the real property against
any person other than the person transferring or contracting to transfer
fee title to the real property. [1983 c.718 §2; 1985 c.719 §1; 1989 c.366
§1; 1993 c.792 §40; 1995 c.5 §17; 2005 c.311 §1] A gift or conveyance of
property under deed or other writing executed after June 30, 1993, to any
person for the term of the life of the person, and after the death of the
person to the children or heirs of the person, vests an estate or
interest for life only in the grantee or person receiving the gift or
conveyance, and remainder in the children or heirs. [1991 c.850 §3]SPECIAL MATTERS IN PARTICULAR CONVEYANCES A deed of
quitclaim and release, of the form in common use, is sufficient to pass
all the estate which the grantor could lawfully convey by a deed of
bargain and sale.The term “heirs,” or other words
of inheritance, is not necessary to create or convey an estate in fee
simple. Any conveyance of real estate passes all the estate of the
grantor, unless the intent to pass a lesser estate appears by express
terms, or is necessarily implied in the terms of the grant. No
grant or conveyance of lands or interest therein is void for the reason
that at the time of its execution the lands were in the actual possession
of another claiming adversely. No covenant shall be implied in any
conveyance of real estate, whether it contains special covenants or not,
except as provided by ORS 93.850 to 93.870. [Amended by 1973 c.194 §6]
A conveyance made by a tenant for life or years, purporting to grant a
greater estate than the tenant possesses or could lawfully convey, does
not work a forfeiture of the estate of the tenant, but passes to the
grantee all the estate which the tenant could lawfully convey.When real property has been devised to a person for
life, and in case of the death of the life tenant without leaving lawful
issue born alive and living at the time of death, then to other heirs of
the testator, a conveyance to the life tenant from all reversioners or
remainderpersons and all issue of the life tenant as are in being, of all
their interest in the real property, vests a fee simple estate in the
life tenant. [Amended by 2003 c.14 §35]
Every conveyance or devise of lands, or interest therein, made to two or
more persons, other than to a husband and wife, as such, or to executors
or trustees, as such, creates a tenancy in common unless it is in some
manner clearly and expressly declared in the conveyance or devise that
the grantees or devisees take the lands with right of survivorship. Such
a declaration of a right to survivorship shall create a tenancy in common
in the life estate with cross-contingent remainders in the fee simple.
Joint tenancy is abolished and the use in a conveyance or devise of the
words “joint tenants” or similar words without any other indication of an
intent to create a right of survivorship shall create a tenancy in
common. [Amended by 1983 c.555 §1](1) Every conveyance, deed of trust,
mortgage or devise of an interest in or lien upon real or personal
property to two or more persons as trustees or personal representatives,
creates a joint tenancy in such interest or lien in the trustees or
personal representatives unless it is expressly declared in the
conveyance, deed of trust, mortgage or devise that the trustees or
personal representatives shall take or hold the property as tenants in
common or otherwise.

(2) If the conveyance, deed of trust, mortgage or devise provides
for filling any vacancy in the office of trustee or personal
representative, it may be filled as therein provided, but a court of
competent jurisdiction may fill a vacancy in the trusteeship according to
the established rules and principles of equity. In whichever way the
vacancy is filled, the new trustee shall hold the property with all
powers, rights and duties of an original trustee unless otherwise
directed by conveyance, deed of trust, mortgage or devise, or order or
judgment of the court. [Amended by 1969 c.591 §275; 2003 c.576 §353] All
trustees or executors holding real or personal property in trust on May
19, 1905, hold as joint tenants and not as tenants in common unless the
conveyance, deed of trust, mortgage or devise, or order or decree of
court creating or appointing the trustees or executors has declared
otherwise.If a deed to real estate has been made to a grantee in trust
or designating the grantee as trustee, and no beneficiary is indicated or
named in the deed, a deed thereafter executed by such grantee conveying
the property is presumed to have been executed with full right and
authority and conveys prima facie title to the property. The grantee in
the last-mentioned deed is under no duty whatsoever to see to the
application of the purchase price. If the last-mentioned deed is recorded
after June 7, 1937, after five years from its recording or, if it was
recorded prior to June 7, 1937, then after June 7, 1942, the presumption
is conclusive as to any undisclosed beneficiary and the title to the real
estate, based upon the last-mentioned deed, shall not be called in
question by any one claiming as beneficiary under the first-mentioned
deed.
(1) Any person to whom there has been granted or reserved any power of
appointment or other power by which the person may elect to take any
action affecting the disposition of property may at any time release, or,
from time to time, limit or restrict such power in whole or in part by an
instrument in writing evidencing that purpose and subscribed by the
person.

(2) If the power is one to affect title to real property, the
instrument shall be executed, acknowledged, proved and recorded, or filed
with the registrar of title in each county in which the land is situated
in the same manner as a conveyance of real property.

(3) If the power is of such nature that its exercise may affect the
duty of any trustee or other fiduciary, such trustee or other fiduciary
is not bound to take notice thereof unless the trustee or other fiduciary
has received the original or an executed duplicate of the release or a
copy thereof certified by the county clerk or county recorder of the
county in which it has been recorded.(1) If parties to whom deeds have been issued by the
Department of State Lands have lost such deeds before they were placed on
record in the county wherein the land conveyed is located, the Director
of the Department of State Lands, on application of the party entitled
thereto, shall cause a certified copy of the record of the deed in the
office of the department to be issued under its seal.

(2) If parties to whom patents for lands have been issued by the
United States for lands in the State of Oregon have lost such patents
before they were placed on record in the county wherein the land conveyed
is located, such parties, or their successors in interest, may apply to
and obtain from the Bureau of Land Management, or its successor agency,
copies of the records of such patents, duly certified to be correct
copies of the original patents, or of the record thereof, by the
appropriate federal officer.

(3) Every certified copy issued in accordance with subsection (1)
or (2) of this section is entitled to record in the proper county with
like effect as the original deed or patent. Every such copy so certified
may be read in evidence in any court in this state without further proof
thereof. The record of any such certified copy, or a transcript thereof
certified by the county clerk in whose office it may have been recorded,
may be read in evidence in any court in this state with like effect as
the original thereof or the original lost deed or patent. [Amended by
1967 c.421 §197](1) Subject to the
provisions contained in this section, whenever two or more persons join
as sellers in the execution of a contract of sale of real property or
sell and convey title to real property in exchange for a note for all or
a part of the purchase price secured by either a mortgage or trust deed
on the real property, unless a contrary purpose is expressed in the
contract, note, mortgage or trust deed, the right to receive payment of
deferred installments of the purchase price and the mortgage or trust
deed, shall be owned by them in the same proportions, and with the same
incidents, as title to the real property was vested in them immediately
preceding the execution of the contract of sale or conveyance.

(2) If immediately prior to the execution of a contract of sale of
real property, or a sale or conveyance of title to real property in
exchange for a note for all or a part of the purchase price secured by a
mortgage or trust deed on the real property, title to any interest in the
property therein described was vested in the sellers or some of the
sellers as tenants by the entirety or was otherwise subject to any right
of survivorship, then, unless a contrary purpose is expressed in the
contract, note, mortgage or trust deed, the right to receive payment of
deferred installments of the purchase price of the property and the
mortgage and trust deed shall likewise be subject to like rights of
survivorship. [1957 c.402 §§1,2; 1969 c.591 §276; 1989 c.74 §1; 1997 c.99
§21]Every conveyance or devise of lands, or interest therein, made
subsequent to September 9, 1971, using language appropriate to create a
fee simple conditional or fee tail estate shall create an estate in fee
simple absolute in the grantees or devisees of such conveyances or
devises. Any future interest limited upon such an interest is a
limitation upon the fee simple absolute and its validity is determined
accordingly. [1971 c.382 §1](1) All instruments prepared for the purpose of conveying or
contracting to convey fee title to any real estate shall contain on the
face of such instruments a statement in substantially the following form:

___________________________________________________________________________
___Until a change is requested, all tax statements shall be sent to
the following address:

___________________________________________________________________________
___ (2) Failure to contain the statement required by this section does
not invalidate the conveyance and if an instrument is recorded without
the statement required by this section, the recording is valid.

(3) This section applies to all instruments executed after January
1, 1974. [1973 c.422 §2](1) A real estate property manager, as
defined in ORS 696.010, may request notice of any pending action, claim,
lien or proceeding relating to a parcel of real property by recording in
the county clerk’s office of the county in which any portion of the real
property is situated a request for any notice required by law to be
provided to the owner.

(2) A request submitted as allowed under subsection (1) of this
section shall include the name and address of the property manager, the
address and legal description of the property in question, the signature
and real estate license number of the requester and the date of the
request. The request for notification shall be valid for one year from
filing.

(3) Compliance with subsection (1) of this section shall be deemed
adequate upon mailing, by first class mail with postage prepaid, to the
address provided in the form required under subsection (2) of this
section.

(4) The county assessor of the county in which the notice is
recorded shall note on the tax roll, prepared pursuant to ORS chapter
311, the filing made under subsection (1) of this section.

(5) No request, statement or notation filed under subsection (1) of
this section shall affect title to the property or be deemed notice to
any person that any person so recording the request has any right, title,
interest in, lien or charge upon the property referred to in the request
for notice. [1989 c.1062 §2; 2001 c.300 §58](1) A
title insurance company or agent that discovers the presence of a request
for notice of transfer or encumbrance pursuant to ORS 411.694 in the deed
and mortgage records when performing a title search on real property
shall:

(a) Provide the Department of Human Services with a notice of
transfer or encumbrance of the real property within 30 days of a transfer
or encumbrance that results in the issuance of a certificate of title
insurance; and

(b) Disclose the presence of the request for notice of transfer or
encumbrance in any report preliminary to, or any commitment to offer, a
certificate of title insurance for the real property.

(2) If the Department of Human Services has caused to be recorded a
termination of request for notice of transfer or encumbrance in the deed
and mortgage records, a title insurance company or agent is no longer
required to provide the notice of transfer or encumbrance required by
subsection (1)(a) of this section for the affected real property.

(3) The Department of Human Services shall adopt by rule a model
form for notice of transfer or encumbrance required by subsection (1)(a)
of this section. A title insurance company or agent shall use the model
form or a form substantially similar to the model form when notifying the
department under subsection (1)(a) of this section. [2003 c.638 §3]Note: 93.268 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 93 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) No person
conveying or contracting to convey fee title to real property shall
include in an instrument for such purpose a provision:

(a) Restricting the use of the real property by any person or group
of persons by reason of color, race, religion, national origin or
physical or mental handicap.

(b) Restricting the use of the real property by any home or
facility that is licensed by or under the authority of the department
under ORS 443.400 to 443.455 or 443.705 to 443.825 to provide residential
care alone or in conjunction with treatment or training or a combination
thereof.

(2) Any such provision in an instrument executed in violation of
subsection (1) of this section is void and unenforceable.

(3) No instrument that contains a provision restricting the use of
real property in a manner listed in subsection (1)(b) of this section
shall give rise to any public or private right of action to enforce the
restriction.

(4)(a) No instrument that contains a provision restricting the use
of real property by requiring roofing materials with a lower fire rating
than that required in the state building code established under ORS
chapter 455 shall give rise to any public or private right of action to
enforce the restriction in an area determined by a local jurisdiction as
a wildfire hazard zone. Prohibitions on public or private right of action
under this paragraph are limited solely to considerations of fire rating.

(b) As used in this subsection, “wildfire hazard zones” are areas
that are legally declared by a governmental agency having jurisdiction
over the area to have special hazards caused by a combination of
combustible natural fuels, topography and climatic conditions that result
in a significant hazard of catastrophic fire over relatively long periods
each year. Wildfire hazard zones shall be determined using criteria
established by the State Forestry Department. [1973 c.258 §1; 1989 c.437
§1; 1991 c.801 §7; 1993 c.311 §1; 1993 c.430 §3](1) Any owner of record of real property that is subject to
an instrument conveying or contracting to convey fee title to the
property that contains a provision that is in violation of ORS 93.270 may
file a petition to remove that provision from the title to the property.
The petition shall be filed in the circuit court for the county in which
the property is located. No fee shall be charged for the filing of the
petition. The petition shall contain:

(a) The name and mailing address of the person filing the petition;

(b) The name and mailing address of all owners of record of the
property;

(c) The legal description of the property subject to the provision
in violation of ORS 93.270; and

(d) A clear reference to the provision claimed to be in violation
of ORS 93.270.

(2) Notice and a copy of the petition shall be served on all owners
of record in any manner provided for in ORCP 7. The notice shall inform
the owners of record that:

(a) The petition seeks the removal of a provision that is in
violation of ORS 93.270 from the title to the property;

(b) The person served may request a hearing within 10 days after
service of the petition; and

(c) The court is authorized to enter a default judgment removing
the provision if no hearing is requested by the owners of record.

(3) The petitioner shall file with the court proof of service in
the manner provided in ORCP 7 F. If no request for hearing is made by any
person served within 10 days after service on that person, the court
shall enter a judgment removing the provision from the title to the
property if the court determines that the provision is in violation of
ORS 93.270.

(4) If a hearing is requested by any person served under subsection
(2) of this section, the clerk of the court shall schedule a hearing
within 20 days after the filing of the request for a hearing. The clerk
of the court shall mail notification of the hearing date to the
petitioner and to all owners of record listed in the petition.

(5) At any hearing under the provisions of this section, the sole
issue that shall be decided by the court is whether the provision that is
the subject of the petition is in violation of ORS 93.270. The matter
shall be tried to the court sitting without jury. If the court finds that
the provision is not in violation of ORS 93.270, the court shall dismiss
the petition. If the court finds that the provision is in violation of
ORS 93.270, the court shall enter a judgment removing the provision from
the title to the property.

(6) If a court finds only part of a provision to be in violation of
ORS 93.270 under this section, the court shall enter a judgment removing
only that part of the provision that is in violation.

(7) For the purposes of this section, “owner of record” means a
person having any legal or equitable interest in property, including, but
not limited to, a purchaser, lienholder or holder of any security
interest in such property whose interest is recorded in the public
records provided for by Oregon statutes where the owner’s interest must
be recorded to perfect a lien or security interest or provide
constructive notice of the owner’s interest. [1991 c.850 §2](1) The following are among incidents that are not
material facts to a real property transaction:

(a) The fact or suspicion that the real property or a neighboring
property was the site of a death by violent crime, by suicide or by any
other manner;

(b) The fact or suspicion that the real property or a neighboring
property was the site of a crime, political activity, religious activity
or any other act or occurrence that does not adversely affect the
physical condition of or title to real property;

(c) The fact or suspicion that an owner or occupant of the real
property has or had human immunodeficiency virus or acquired immune
deficiency syndrome;

(d) The fact or suspicion that a convicted sex offender registered
under ORS 181.595, 181.596 or 181.597 resides in the area; and

(e) The fact that a notice has been received that a neighboring
property has been determined to be not fit for use under ORS 453.876.

(2) The Legislative Assembly finds that there is no known risk of
the transmission of human immunodeficiency virus or acquired immune
deficiency syndrome by casual contact. [1989 c.523 §3; subsection (3)
formerly 93.273; 2001 c.701 §1; 2003 c.559 §2] (1)
Any person or persons owning real property which the person or persons
have power to convey may convey such property by a conveyance naming the
person or persons and another person or persons, or one or more of
themselves and another person or other persons, as grantees. The
conveyance shall have the same effect as a conveyance from a stranger who
owned the property to the persons named as grantees.

(2) Any two or more persons owning real property which they have
power to convey may convey such property by a conveyance naming one, or
more than one, of all such persons, as grantees. The conveyance shall
have the same effect as a conveyance from a stranger who owned the
property to the persons named as grantees.

(3) Any “person” mentioned in this section may be a married person,
and any “persons” so mentioned may be married to each other. [1973 c.209
§§1,2,3]UNIFORM VENDOR AND PURCHASER RISK ACTAny contract made on or after August 3, 1955, in this state for
the purchase and sale of realty shall be interpreted as including an
agreement that the parties shall have the following rights and duties,
unless the contract expressly provides otherwise:

(1) If, when neither the legal title nor the possession of the
subject matter of the contract has been transferred, all or a material
part thereof is destroyed without fault of the purchaser or is taken by
eminent domain, the vendor cannot enforce the contract, and the purchaser
is entitled to recover any portion of the price that the purchaser has
paid;

(2) If, when either the legal title or the possession of the
subject matter of the contract has been transferred, all or any part
thereof is destroyed without fault of the vendor or is taken by eminent
domain, the purchaser is not thereby relieved from a duty to pay the
price, nor is the purchaser entitled to recover any portion thereof that
the purchaser has paid. [1955 c.144 §1]ORS 93.290 to 93.300 may be cited as the
Uniform Vendor and Purchaser Risk Act. [1955 c.144 §3]DESCRIPTIONS, INCLUDING THE OREGON COORDINATE SYSTEM The
following are the rules for construing the descriptive part of a
conveyance of real property, when the construction is doubtful, and there
are no other sufficient circumstances to determine it:

(1) Where there are certain definite and ascertained particulars in
the description, the addition of others, which are indefinite, unknown or
false, does not frustrate the conveyance, but it is to be construed by
such particulars, if they constitute a sufficient description to
ascertain its application.

(2) When permanent and visible or ascertained boundaries or
monuments are inconsistent with the measurement, either of lines, angles
or surfaces, the boundaries or monuments are paramount.

(3) Between different measurements which are inconsistent with each
other, that of angles is paramount to that of surfaces, and that of lines
paramount to both.

(4) When a road or stream of water not navigable is the boundary,
the rights of the grantor to the middle of the road, or the thread of the
stream, are included in the conveyance, except where the road or bed of
the stream is held under another title.

(5) When tidewater is the boundary, the rights of the grantor to
low watermark are included in the conveyance, and also the right of this
state between high and low watermark.

(6) When the description refers to a map, and that reference is
inconsistent with other particulars, it controls them, if it appears that
the parties acted with reference to the map; otherwise the map is
subordinate to other definite and ascertained particulars. (1) The systems of plane
coordinates which have been established by the National Geodetic Survey
of the National Ocean Service, formerly the United States Coast and
Geodetic Survey, for defining and stating the positions of points on the
surface of the earth within the State of Oregon are known and designated
as the Oregon Coordinate System of 1927 and the Oregon Coordinate System
of 1983.

(2) For the purpose of the use of these systems the state is
divided into a “north zone” and a “south zone.”

(3) The area included in the following counties on June 16, 1945,
constitutes the north zone: Baker, Benton, Clackamas, Clatsop, Columbia,
Gilliam, Grant, Hood River, Jefferson, Lincoln, Linn, Marion, Morrow,
Multnomah, Polk, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco,
Washington, Wheeler and Yamhill.

(4) The area included in the following counties on June 16, 1945,
constitutes the south zone: Coos, Crook, Curry, Deschutes, Douglas,
Harney, Jackson, Josephine, Klamath, Lake, Lane and Malheur.

(5) Any document submitted for recording that utilizes an Oregon
Coordinate System shall use only one specified zone and system for the
entire document.

(6) The use of the term “Oregon Coordinate System” on any document
submitted for filing as a public record is limited to coordinates based
on the Oregon coordinate systems as defined in ORS 93.330 and must
include appropriate system date and zone designations. [Amended by 1985
c.202 §1] (1) For more precisely defining the Oregon
coordinate systems, the following definitions by the National Geodetic
Survey of the National Ocean Service are adopted:

(a) The Oregon Coordinate System of 1927, north zone, is a Lambert
conformal projection of the Clarke Spheroid of 1866, having standard
parallels at north latitudes 44 degrees 20 minutes and 46 degrees 00
minutes, along which parallels the scale shall be exact. The origin of
coordinates is at the intersection of the meridian 120 degrees 30 minutes
west of Greenwich and the parallel 43 degrees 40 minutes north latitude.
This origin is given the coordinates: x-2,000,000 survey feet and y-0
survey feet, where one survey foot equals 1,200 divided by 3,937 meters
exactly.

(b) The Oregon Coordinate System of 1927, south zone, is a Lambert
conformal projection of the Clarke Spheroid of 1866, having standard
parallels at north latitudes 42 degrees 20 minutes and 44 degrees 00
minutes along which parallels the scale shall be exact. The origin of
coordinates is at the intersection of the meridian 120 degrees 30 minutes
west of Greenwich and the parallel 41 degrees 40 minutes north latitude.
This origin is given the coordinates: x-2,000,000 survey feet and y-0
survey feet, where one survey foot equals 1,200 divided by 3,937 meters
exactly.

(c) The Oregon Coordinate System of 1983, north zone, is a Lambert
conformal projection of the Geodetic Reference System of 1980, having
standard parallels at north latitudes 44 degrees 20 minutes and 46
degrees 00 minutes, along which parallels the scale shall be exact. The
origin of coordinates is at the intersection of the meridian 120 degrees
30 minutes west of Greenwich and the parallel 43 degrees 40 minutes north
latitude. This origin is given the coordinates: x-2,500,000 meters
(8,202,099.74 feet) and y-0 meters (0 feet), where one foot equals 0.3048
meters exactly.

(d) The Oregon Coordinate System of 1983, south zone, is a Lambert
conformal projection of the Geodetic Reference System of 1980, having
standard parallels at north latitudes 42 degrees 20 minutes and 44
degrees 00 minutes, along which parallels the scale shall be exact. The
origin of coordinates is at the intersection of the meridian 120 degrees
30 minutes west of Greenwich and the parallel 41 degrees 40 minutes north
latitude. This origin is given the coordinates: x-1,500,000 meters
(4,921,259.84 feet) and y-0 meters (0 feet), where one foot equals 0.3048
meters exactly.

(2) The position of the Oregon Coordinate System shall be as marked
on the ground by monumented horizontal control stations established in
conformity with the standards and specifications adopted by the Federal
Geodetic Control Committee for first-order and second-order geodetic
surveying, whose geodetic positions have been rigidly adjusted on the
North American datum of 1927 or 1983, and whose coordinates have been
computed on a system defined in this section. Any such station may be
used for establishing a survey connection with the Oregon Coordinate
System.

(3) Nothing in this section is intended to limit the use of any
coordinate system not identified as the “Oregon Coordinate System.”
[Amended by 1985 c.202 §2] The plane coordinates of a point on the
earth’s surface, used in expressing the position of such point, shall
consist of two distances, expressed in meters and decimals of a meter or
feet and decimals of a foot. One of these distances, to be known as the
“x-coordinate,” shall give the position in an east and west direction;
the other, to be known as the “y-coordinate,” shall give the position in
a north and south direction. These coordinates shall be made to depend
upon and conform to the coordinates, on the Oregon Coordinate System, of
the triangulation and traverse stations of the National Geodetic Survey
of the National Ocean Service within the State of Oregon, as those
coordinates have been determined by that survey. [Amended by 1985 c.202
§3] No coordinates based
on the Oregon Coordinate System, purporting to define the position of a
point on a land boundary, shall be presented to be recorded in any public
land records or deed records unless:

(1) Those coordinates were established in conformity with the
standards and specifications adopted by the Federal Geodetic Control
Committee for third-order geodetic surveying and are based upon
horizontal control stations established in conformity with ORS 93.330
(2); and

(2) That point is within one mile of a horizontal control station
established in conformity with ORS 93.330 (2). However, an authorized
state agency, city or county may modify the one-mile limitation to meet
local conditions. [Amended by 1979 c.129 §1; 1985 c.202 §4] Distances, angles and areas
derived by the use of the Oregon Coordinate System in compliance with the
standards described in ORS 93.360 may be used in the basic description of
any tract of land. If the coordinates based on the Oregon Coordinate
System are used in the description of any tract of land, they shall be
used only in addition to the basic description. [Amended by 1985 c.202 §5]
Nothing contained in ORS 93.320 to 93.370 requires any purchaser or
mortgagee to rely on a description, any part of which consists only of
coordinates. [Amended by 1985 c.202 §6]EXECUTION, ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS Except as otherwise
provided by law, deeds executed within this state, of lands or any
interest in lands therein, shall be signed by the grantors and shall be
acknowledged before any judge of the Supreme Court, circuit judge, county
judge, justice of the peace or notary public within the state. No seal of
the grantor, corporate or otherwise, shall be required on the deed.
[Amended by 1965 c.502 §5; 1977 c.404 §1; 1999 c.654 §8]If any person is entitled to a
deed from a personal representative, guardian or conservator who has died
or resigned, has been discharged, disqualified or removed or refuses to
execute it, the deed may be executed by the judge before whom the
proceeding is pending or by the successor of the judge. [Amended by 1961
c.344 §104; 1969 c.591 §277] Proof of the
execution of any conveyance may be made before any officer authorized to
take acknowledgments of deeds, and shall be made by a subscribing witness
thereto, who shall state the place of residence of the witness, and that
the witness knew the person described in and who executed the conveyance.
Such proof shall not be taken unless the officer is personally acquainted
with the subscribing witness, or has satisfactory evidence that the
witness is the same person who was a subscribing witness to the
instrument. When any grantor
is dead, out of this state, or refuses to acknowledge the deed, and all
the subscribing witnesses to the deed are also dead or reside out of this
state, it may be proved before the circuit court, or any judge thereof,
by proving the handwriting of the grantor and of any subscribing witness
thereto.
Upon the application of any grantee, or any person claiming under the
grantee, verified by the oath of the applicant setting forth that the
grantor is dead, out of the state, or refuses to acknowledge the deed,
and that any witness to the conveyance residing in the county where the
application is made refuses to appear and testify touching its execution
and that the conveyance cannot be proven without the evidence of the
witness, any officer authorized to take the acknowledgment or proof of
conveyances may issue a subpoena requiring the witness to appear and
testify before the officer touching the execution of the conveyance.
[Amended by 1981 c.11 §2] Every officer who takes
the proof of any conveyance shall indorse a certificate thereof, signed
by the officer, on the conveyance. In the certificate the officer shall
set forth those matters required by ORS 93.440 to 93.460 to be done,
known or proved, together with the names of the witnesses examined before
the officer, and their places of residence, and the substance of the
evidence given by them.
Every conveyance acknowledged, proved or certified in the manner
prescribed by law by any of the authorized officers may be read in
evidence without further proof thereof and is entitled to be recorded in
the county where the land is situated.All assignments of sheriffs’ certificates
of sale of real property on execution or mortgage foreclosure shall be
executed and acknowledged and recorded in the same manner as deeds of
real property.RECORDATION AND ITS EFFECTS
Unless otherwise prescribed by law, real property shall be described for
recordation by giving the subdivision according to the United States
survey when coincident with the boundaries thereof, or by lots, blocks
and addition names, or by partition plat recording and parcel numbers, or
by giving the boundaries thereof by metes and bounds, or by reference to
the book and page, document number or fee number of any public record of
the county where the description may be found or in such other manner as
to cause the description to be capable of being made certain. However,
description by tax lot number shall not be adequate. Initial letters,
abbreviations, figures, fractions and exponents, to designate the
township, range, section or part of a section, or the number of any lot
or block or part thereof, or any distance, course, bearing or direction,
may be employed in any such description of real property. [1987 c.586 §2;
1989 c.772 §26; 1995 c.382 §10](1) Separate books shall be provided by the county
clerk in each county for the recording of deeds and mortgages. In one
book all deeds left with the clerk shall be recorded at full length, or
as provided in ORS 93.780 to 93.800, with the certificates of
acknowledgment or proof of their execution, and in the other all
mortgages left with the county clerk shall in like manner be recorded.
All other real property interests required or permitted by law to be
recorded shall be recorded in the records maintained under ORS 205.130 or
in records established under any other law.

(2) Counties maintaining a consolidated index shall record deeds
and mortgages and index them in the consolidated index in such a manner
as to identify the entries as a deed or mortgage record. All other real
property interests required or permitted by law to be recorded shall be
recorded in the records kept and maintained under ORS 205.130 or in
records established under any other law. [Amended by 1969 c.583 §1; 1987
c.586 §21; 1999 c.654 §9] The county clerk
shall certify upon every instrument recorded by the county clerk the time
when it was recorded and a reference to where it is recorded. Every
instrument is considered recorded at the time it was so certified.
[Amended by 1999 c.654 §10]The county clerk shall also keep a proper direct index and a
proper indirect index to the record of deeds, mortgages and all other
real property interests required or permitted by law to be recorded, in
which the county clerk shall enter, alphabetically, the name of every
party to each instrument recorded by the county clerk, with a reference
to where it is recorded. [Amended by 1987 c.586 §22; 1999 c.654 §11](1) All instruments contracting to convey fee title to
any real property, at a time more than 12 months from the date that the
instrument is executed and the parties are bound, shall be acknowledged,
in the manner provided for acknowledgment of deeds, by the conveyor of
the title to be conveyed. Except for those instruments listed in
subsection (2) of this section, all such instruments, or a memorandum
thereof, shall be recorded by the conveyor not later than 15 days after
the instrument is executed and the parties are bound thereby.

(2) The following instruments contracting to convey fee title to
any real property may be recorded as provided in subsection (1) of this
section, but that subsection does not require such recordation of:

(a) Earnest money or preliminary sales agreements;

(b) Options; or

(c) Rights of first refusal. [1975 c.618 §4; 1977 c.724 §1; 1987
c.586 §23](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.

(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](1) To give constructive notice of an
interest in real property, a person must have documentation of the
interest recorded in the indices maintained under ORS 205.130 in the
county where the property is located. Such recordation, and no other
record, constitutes constructive notice to any person of the existence of
the interest, except:

(a) Constructive notice may be given as provided in ORS 311.405 and
446.515 to 446.547 and ORS chapters 87, 450, 451, 452, 453, 454, 455 and
456 and local government charters; or

(b) A city may give constructive notice of a governmental lien by
maintaining a record of the lien in an electronic medium that is
accessible online during the regular business hours of the city.

(2) Notwithstanding subsection (1) of this section:

(a) A judgment lien attaches to real property of the judgment
debtor as provided in ORS chapter 18.

(b) A lien shall be created against all real property of the person
named in an order or warrant as provided in ORS 205.125 if the order or
warrant is recorded in the County Clerk Lien Record.

(c) Constructive notice of either a local improvement district
estimated assessment or a system development charge installment payment
contract pursuant to ORS 223.290, created after September 9, 1995, is
given only by one of the following methods:

(A) By recording the notice of estimated assessment or the
acceptance of the system development charge installment payment contract
in the indices maintained under ORS 205.130 in the county in which the
property is located. The recording shall include a description of real
property in the manner prescribed in ORS 93.600. The city shall continue
to maintain the bond lien docket as prescribed in ORS 223.230. The bond
lien docket shall include a reference to the county recording by a
document fee number or book and page number.

(B) By recording the notice of estimated assessment or the
acceptance of the system development charge installment payment contract
through an online electronic medium. The electronic lien record shall be
the controlling lien record, to the exclusion of any informational
recording made by the city in county indices. The city informational
recording shall include a clear statement of the purpose of the recording
and a reference to the location of the electronic lien record.

(3) A city that maintains records through an online electronic
medium shall comply with the following requirements:

(a) Each lien record shall consist of the effective date of the
recording, a reference to the location of source documents or files, a
description of real property in the manner prescribed in ORS 93.600, a
site address, if appropriate, a state property identification number or
county property tax identification number, a lien account number or other
account identifier, the amount of the estimated assessment or system
development charge installment payment contract, the final assessment in
the case of a local improvement assessment district and the current
amount of principal balance.

(b) Lien records shall be accessible through the online electronic
medium to any individual or organization by mutual agreement with the
city. Users of the online electronic medium shall be authorized to access
the lien records from equipment maintained at sites of their choosing.

(4) Recording of the satisfaction of a local improvement district
assessment or system development charge installment payment contract
shall be made in the same location as the original recording, either in
the indices maintained under ORS 205.130 or in the lien docket maintained
through an electronic medium as provided in this section.

(5) A city that establishes an electronic lien record as authorized
by this section shall record in the County Clerk Lien Record maintained
under ORS 205.130 a statement that indicates the date and time at which
the electronic lien record takes priority over the County Clerk Lien
Record and that describes the methods by which the electronic lien
records of the city are made accessible. [1987 c.586 §2a; 1995 c.709 §1;
1997 c.840 §1; 2003 c.576 §229](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] The
record of a conveyance duly recorded, or a transcript thereof certified
by the county clerk in whose office it is recorded may be read in
evidence in any court in the state, with the like effect as the original
conveyance. However, the effect of such evidence may be rebutted by other
competent testimony. Any abstract of
title to real property in this state certified by any person regularly
engaged in this state in the business of preparing and certifying such
abstracts shall be received in all courts as prima facie evidence of the
existence, condition and nature of the record of all deeds, mortgages and
other instruments, conveyances or liens shown or mentioned in the
abstract as affecting the property, and that the record is as described
in such abstract.(1)
Every letter of attorney, or other instrument containing a power to
convey lands, as agent or attorney for the owner of such lands, and every
executory contract for the sale or purchase of lands, when acknowledged
or proved in the manner prescribed for the acknowledgment or proof of
conveyances, may be recorded in the county clerk’s office of any county
in which the lands to which such power or contract relates is situated.
When so acknowledged or proved, such letter, instrument or contract, and
the record thereof when recorded, or the certified transcript of such
record, may be read in evidence in any court in this state without
further proof of the same.

(2) No letter of attorney, or other instrument so recorded, is
deemed to be revoked by any act of the party by whom it was executed
unless the instrument containing such revocation is also recorded in the
same office in which the instrument containing the power was recorded.(1) The following are entitled to be recorded in the record of
deeds of the county in which the lands lie, in like manner and with like
effect as conveyances of land duly acknowledged, proved or certified:

(a) The patents from the United States or of this state for lands
within this state.

(b) Judgments of courts in this state requiring the execution of a
conveyance of real estate within this state.

(c) Approved lists of lands granted to this state, or to
corporations in this state.

(d) Conveyances executed by any officer of this state by authority
of law, of lands within this state.

(2) The record of any such patent, judgment, approved lists or
deeds recorded, or a transcript thereof certified by the county clerk in
whose office it is recorded, may be read in evidence in any court in this
state, with like effect as the original. [Amended by 1979 c.284 §93](1) The Director of the Department
of State Lands shall forward all patents and clear lists of land and
other documents evidencing that title to land has passed from the United
States to the State of Oregon, which have been or shall be received by
the State of Oregon, to the officer in each county of the state in which
any of such land is situated whose duty it is to record conveyances of
real estate. Upon the receipt of such patents, clear lists or other
documents, the recording officer of the county shall forthwith record the
instruments in the records of deeds of the county and index them in the
manner provided for indexing deeds. When the recording officer has
properly recorded such instruments the recording officer shall return
them to the Director of the Department of State Lands.

(2) When any such instrument includes land in more than one county,
the record of the instrument in each county need include only the
description of the land lying wholly or partly in that county and all
other land may be indicated as omitted. [Amended by 1999 c.803 §1](1) Any
instrument creating a license, easement, profit a prendre, or a leasehold
interest or oil, gas or other mineral interest or estate in real property
or an interest in real property created by a land sale contract, or
memorandum of such instrument or contract, which is executed 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 other
conveyances, may be indexed and recorded in the records of deeds of real
property in the county where such real property is located. Any
instrument creating a mortgage or trust deed, or a memorandum thereof, or
assignment for security purposes relating to any of the interests or
estates in real property referred to in this subsection, which is
executed by the person from whom the mortgage, trust deed, or assignment
for security purposes is intended to be given, and acknowledged or proved
in the manner provided for the acknowledgment or proof of other
conveyances, may be indexed and recorded in the records of mortgages of
real property in the county where such real property is located. Such
recordation, whether the instrument be recorded prior to or subsequent to
May 29, 1963, constitutes notice to third persons of the rights of the
parties under the instrument irrespective of whether the party granted
such interest or estate is in possession of the real property. Any such
instrument when so acknowledged or proved, or certified in the manner
prescribed by law by any of the authorized officers, may be read in
evidence without further proof thereof.

(2) Any notice under ORS 527.710 or order under ORS 527.680 by the
State Forester requiring the reforestation of specific lands may be
indexed and recorded in the records of deeds of real property in the
county where such real property is located. Such recordation constitutes
notice to third persons of the rights and obligations of the parties to
the notice or order. Any such notice or order when properly prepared in
the manner prescribed by law by any of the authorized officers may be
read in evidence without further proof thereof.

(3)(a) As used in this section, “memorandum” means an instrument
that:

(A) Contains the date of the instrument being memorialized;

(B) Contains the names and addresses of the parties;

(C) Contains 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

(D) Is acknowledged or proved in the manner provided for the
acknowledgment or proof of deeds.

(b) In addition to the requirements of paragraph (a) of this
subsection, a memorandum of a mortgage or trust deed shall contain:

(A) The legend “Memorandum of Mortgage” or “Memorandum of Trust
Deed” either in capital letters or underscored above the body of the
memorandum;

(B) A description of any collateral encumbered by the mortgage or
trust deed, other than the real property, that can be perfected by filing
in the real property records of the county in which the collateral is
situated;

(C) A description in general terms of the obligation or obligations
secured and a statement of the term or maturity date, if any, of the
obligation or obligations;

(D) A statement by the mortgagee or beneficiary that a complete
copy of the mortgage or trust deed is available upon written request to
the mortgagee or beneficiary; and

(E) If the mortgage or trust deed constitutes a line of credit
instrument as defined in ORS 86.155, the information required to appear
on the front page of the instrument under ORS 86.155 (1)(b).

(c) In addition to the requirements of paragraph (a) of this
subsection, 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.
[Amended by 1963 c.416 §1; 1973 c.696 §20; 1977 c.605 §3; 1983 c.759 §2;
1987 c.225 §2; 1997 c.152 §2] A certified copy
of any judgment or order of confirmation affecting lands in this state
made in any action may be recorded in the records of deeds in any county
in which the land affected is wholly or partly situated by any party
interested in the land or in the action. After the transcript is so
recorded, the judgment is notice to all persons of the action and of the
judgment or order, as completely as if the entire proceedings were had
originally in the county in which the transcript is recorded. The record
of the transcript is prima facie evidence of title as therein determined.
[Amended by 2003 c.576 §354](1) In all suits in which the title to or any interest in or
lien upon real property is involved, affected or brought in question, any
party thereto at the commencement of the suit, or at any time during the
pendency thereof, may have recorded by the county clerk or other recorder
of deeds of every county in which any part of the premises lies a notice
of the pendency of the action containing the names of the parties, the
object of the suit, and the description of the real property in the
county involved, affected, or brought in question, signed by the party or
the attorney of the party. From the time of recording the notice, and
from that time only, the pendency of the suit is notice, to purchasers
and incumbrancers, of the rights and equities in the premises of the
party filing the notice. The notice shall be recorded in the same book
and in the same manner in which mortgages are recorded, and may be
discharged in like manner as mortgages are discharged, either by such
party or the attorney signing the notice.

(2) Except as provided in subsection (3) of this section, a
conveyance or encumbrance that is not recorded in the manner provided by
law before the filing of a notice of pendency that affects all or part of
the same real property is void as to the person recording the notice of
pendency for all rights and equities in the real property that are
adjudicated in the suit. The provisions of this subsection apply only to
a conveyance or encumbrance that under the provisions of ORS 93.640 would
be void as against a subsequent purchaser whose interest in the property
is of record at the time the notice of pendency is recorded and who
purchased the property in good faith and for valuable consideration.

(3) A conveyance or encumbrance is not void under subsection (2) of
this section if:

(a) The person who records a notice of pendency under this section
has notice of the conveyance or encumbrance at the time the notice of
pendency is recorded or otherwise does not act in good faith in recording
the notice of pendency; or

(b) Pursuant to ORCP 33, the court allows a person claiming an
interest in real property under the conveyance or encumbrance to
intervene in the suit for the purpose of seeking adjudication of the
person’s interest or priority in the property.

(4) Unless otherwise prescribed by law, a party recording a notice
of pendency shall use substantially the following form:

___________________________________________________________________________
___NOTICE OF PENDENCY

OF AN ACTION

Pursuant to ORS 93.740, the undersigned states:

1. As plaintiff(s), ____________, has filed an action in the
______ Court for ______ County, State of Oregon;

2.  The defendant(s) is/are: ________

     ______________________

     ______________________;

3. The object of the action is: _____

     ______________________

     ______________________;

4. The description of the real property to be affected is:
____________

     ______________________

     ______________________Dated this _____ day of_________,___.__________________

Plaintiff or

Plaintiff’s attorneyName: _________________

Address: _______________

_____________________

_____________________Phone No.: ________STATE OF OREGON    )

                                         )     ss.

County of_____               )The foregoing instrument was acknowledged before me this ___ day
of______, 2___ by____________.__________________

Notary Public for Oregon

My commission expires: _________STATE OF OREGON    )

                                         )     ss.

County of_____               )The foregoing instrument was acknowledged before me this ___ day
of______, 2___ by ____________ of____________, a corporation, on behalf
of the corporation.__________________

Notary Public for Oregon

My commission expires: ____________________________________________________________________________________
___[Amended by 1987 c.586 §24; 1997 c.598 §1]Copies of documents, orders and decrees in
proceedings in the District Court of the United States for the District
of Oregon, which have been certified by the clerk of such court, and
which affect title to real property in this state, shall be entitled to
be recorded in the deed records of any county in which such real property
is located. [Amended by 1985 c.540 §46; 1987 c.586 §47](1) A debtor or a trustee in
bankruptcy, or the attorney representing either, may present a notice of
bankruptcy for recordation in the deed records of a county in which real
property that is owned by the debtor or in which the debtor has an
interest is located. The notice of bankruptcy may contain a legal
description of specific real property, if known, and must:

(a) Be signed by the individual filing the notice;

(b) Be acknowledged in the manner required for acknowledgement of a
deed;

(c) State the name of the debtor;

(d) Identify the district court in which the case is pending, the
bankruptcy case number and the bankruptcy chapter filed;

(e) State the name, if applicable, of a trustee for the bankruptcy
estate of the debtor, an attorney representing the debtor and an attorney
representing the trustee; and

(f) State that the bankruptcy case affects real property in the
county that is owned by the debtor or in which the debtor has an interest.

(2) Once recorded in the deed records of a county, the notice of
bankruptcy may be released by filing for recordation in the same county:

(a) After expiration of the notice period, a copy of a notice of
intent to abandon the real property in a form approved by the bankruptcy
court and certified by the clerk of the bankruptcy court;

(b) A copy of a judicial order, certified by the clerk of the
bankruptcy court, authorizing abandonment of the real property; or

(c) A copy of a judicial order, certified by the clerk of the
bankruptcy court, authorizing closure or dismissal of the bankruptcy case
if the real property was not otherwise administered in the case.

(3) A copy of the following documents from a bankruptcy case or an
adversary proceeding under the federal bankruptcy laws may be presented
for recordation in the deed records of a county in which real property
that is owned by the debtor or in which the debtor has an interest is
located if the copy is certified by the clerk of the bankruptcy court:

(a) A petition, with the schedules omitted.

(b) An order or judgment filed and entered. [Amended by 2005 c.85
§1] An
instrument containing a form or forms of covenants, conditions,
obligations, powers and other clauses of a mortgage or a trust deed may
be recorded in any county. The county clerk, upon request of any person
and on tender of the required fee, shall record the instrument. The
instrument shall be entitled “Master Form” and recorded in the name of
the entity or person causing it to be recorded. [1969 c.583 §2](1) After the master form instrument is recorded pursuant to
ORS 93.780, any provisions of such instrument may be incorporated by
reference in any mortgage or trust deed of real estate situated within
this state, if the reference in the mortgage or trust deed states that:

(a) The master form instrument was recorded in the

county in which the mortgage or trust deed is offered for record;

(b) The date when and the book and page or pages where the master
form instrument was recorded; and

(c) A copy of the master form instrument was furnished to the party
executing the mortgage or trust deed at or before the time of its
execution.

(2) The recording of any mortgage or trust deed which has
incorporated by reference any provision of a master form instrument
recorded as provided in ORS 93.780 has like effect as if the incorporated
provisions were set forth fully in the mortgage or trust deed.

(3) In the event any instrument recorded as provided in subsections
(1) and (2) of this section should deviate in any respect from a recorded
master form, that portion that deviates from the master form shall not be
deemed notice to third parties. [1969 c.583 §§3,5](1) No county clerk shall record
matter accompanying a mortgage or trust deed presented for recording if
such matter:

(a) Purports to be copied or reproduced from a master form
instrument recorded and identified as required by ORS 93.780;

(b) Is preceded by the words “do not record” or “not to be
recorded”; and

(c) Is separated from the mortgage or trust deed so that it will
not appear on a photographic reproduction of any page containing a part
of the mortgage or trust deed.

(2) Notwithstanding any law to the contrary, no recorder is liable
for failing to record matter the recorder is prohibited from recording by
subsection (1) of this section. [1969 c.583 §4]
(1) After a master form instrument is recorded in a county under ORS
93.780 and 93.790, an instrument entitled “Short Form Mortgage” or “Short
Form Trust Deed” may be recorded.

(2) The short form instrument shall contain the title of the
instrument, the names of all parties involved in the encumbrance of the
real property described in the instrument, the legal description of the
property that is encumbered by the instrument, the amount of the
encumbrance, the date on which the instrument was executed and any other
information required by law for recording the instrument.

(3) Any provision of the master form instrument recorded under ORS
93.780 may be incorporated in a short form instrument by reference to:

(a) The date when and the book and page or fee number where the
master form instrument was recorded; and

(b) Any specific provision of the master form instrument that
applies to the short form instrument.

(4) A short form instrument recorded under this section shall
describe provisions in the short form instrument that deviate in any
respect from the recorded master form instrument.

(5) The person presenting a short form instrument for recording
shall cause a complete copy of the master form instrument to which
reference is made in the short form instrument to be provided or
disclosed to each party involved in the encumbrance of the real property
described in the short form instrument. [1991 c.230 §20](1) Except as provided in subsection (2)
of this section, when any instrument presented for recording conveys an
interest in real property and is required by law to be acknowledged or
proved, a county clerk shall not record the instrument unless the
instrument contains the original signatures of the persons executing the
instrument and the original signature of the officer before whom the
acknowledgment was made.

(2) A county clerk may record a certified copy of an instrument
that conveys an interest in real property when the recording of a
certified copy of the instrument is authorized by law and the instrument
contains the original certification of the certifying officer. [1991
c.230 §21] (1) Any
instrument creating a lien on unpaid rents and profits of real property
within this state, by assignment, mortgage, pledge or otherwise, or
memorandum thereof, which is executed by the person from whom the lien is
intended to be given, and acknowledged or proved in the manner provided
for the acknowledgment or proof of other conveyances, may be indexed and
recorded in the records of mortgages of real property in the county where
such real property is located, as provided in ORS 93.710. Such
recordation constitutes notice to third persons, and shall otherwise have
the same effect as recordation pursuant to ORS 93.710, specifically, but
without limitation, such lien shall not be voidable by and shall not be
subordinate to the rights of either:

(a) A subsequent lien creditor, as defined in ORS 79.0102; or

(b) A subsequent bona fide purchaser of real property.

(2) Such an assignment, mortgage or pledge shall be so perfected by
such recording, without the holder thereof obtaining the appointment of
receiver, taking possession of the subject real property, filing a
financing statement pursuant to ORS chapter 79 or taking any other action
in addition to such recording.

(3) As used in this section, “memorandum” has the meaning provided
in ORS 93.710 (3). [1991 c.299 §1; 2001 c.445 §166]Note: 93.806 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 93 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.An instrument conveying title or interest to the State of
Oregon or to a county, city or other political subdivision in this state
may not be recorded unless the instrument carries an indication of
approval of the conveyance by this state or the political subdivision
accepting title or interest. [1999 c.654 §2]VALIDATING AND CURATIVE ACTS The following are subjects of
validating or curative Acts applicable to this chapter:

(1) Evidentiary effect and recordation of conveyances before 1854.

(2) Evidentiary effect and recordation of certified copies of deeds
issued by State Land Board prior to 1885 where original deed was lost.

(3) Defective acknowledgments of married women to conveyances prior
to 1891.

(4) Foreign instruments executed prior to 1903.

(5) Deeds of married women before 1907, validity; executed under
power of attorney and record as evidence.

(6) Conveyances by reversioners and remainderpersons to life tenant.

(7) Decrees or judgments affecting lands in more than one county.

(8) Irregular deeds and conveyances; defective acknowledgments;
irregularities in judicial sales; sales and deeds of executors, personal
representatives, administrators, conservators and guardians; vested
rights arising by adverse title; recordation.

(9) Defective acknowledgments.

(10) Title to lands from or through aliens. [Amended by 1973 c.823
§96; 2003 c.14 §36; 2003 c.576 §355]DEED FORMS (1) Warranty deeds may be in the
following form:

___________________________________________________________________________
________, Grantor, conveys and warrants to_____, Grantee, the following
described real property free of encumbrances except as specifically set
forth herein: (Describe the property conveyed.)(If there are to be exceptions to the covenants described in ORS 93.850
(2)(c), here insert such exceptions.)(Following statement of exceptions, here insert statement required under
ORS 93.040 (1).)The true consideration for this conveyance is $_____. (Here comply with
the requirements of ORS 93.030.)Dated this _____ day of_____, 2___.

___________________________________________________________________________
___ (2) A deed in the form of subsection (1) of this section shall have
the following effect:

(a) It shall convey the entire interest in the described property
at the date of the deed which the deed purports to convey.

(b) The grantor, the heirs, successors and assigns of the grantor,
shall be forever estopped from asserting that the grantor had, at the
date of the deed, an estate or interest in the land less than that estate
or interest which the deed purported to convey and the deed shall pass
any and all after acquired title.

(c) It shall include the following covenants, each of which shall
run in favor of the grantee and the successors in title of the grantee as
if written in the deed:

(A) That at the time of the delivery of the deed the grantor is
seized of the estate in the property which the grantor purports to convey
and that the grantor has good right to convey the same.

(B) That at the time of the delivery of the deed the property is
free from encumbrances except as specifically set forth on the deed.

(C) That the grantor warrants and will defend the title to the
property against all persons who may lawfully claim the same.

(3) If the grantor desires to exclude any encumbrances or other
interests from the scope of the covenants of the grantor, such exclusions
must be expressly set forth on the deed. [1973 c.194 §1; 1999 c.214 §1] (1) Special warranty
deeds may be in the following form:

___________________________________________________________________________
________, Grantor, conveys and specially warrants to_____, Grantee, the
following described real property free of encumbrances created or
suffered by the grantor except as specifically set forth herein:
(Describe the property conveyed.)(If there are to be exceptions to the covenants described in ORS 93.855
(2), here insert such exceptions.)(Following statement of exceptions, here insert statement required under
ORS 93.040 (1).)The true consideration for this conveyance is $_____. (Here comply with
the requirements of ORS 93.030.)Dated this _____ day of_____, 2___.

___________________________________________________________________________
___ (2) A deed in the form of subsection (1) of this section shall have
the same effect as a warranty deed as described in ORS 93.850, except
that the covenant of freedom from encumbrances shall be limited to those
encumbrances created or suffered by the grantor and the covenant of
warranty shall be limited to read: “That the grantor warrants and will
defend the title to the property against all persons who may lawfully
claim the same by, through or under the grantor.”

(3) If the grantor desires to exclude any encumbrances or other
interests from the scope of the covenants of the grantor, such exclusions
must be expressly set forth on the deed. [1973 c.194 §2; 1999 c.214 §2] (1) Bargain and sale
deeds may be in the following form:

___________________________________________________________________________
________, Grantor, conveys to_____, Grantee, the following described real
property: (Describe the property conveyed.)(Following description of property, here insert statement required under
ORS 93.040 (1).)The true consideration for this conveyance is $_____. (Here comply with
the requirements of ORS 93.030.)Dated this _____ day of_____, 2___.

___________________________________________________________________________
___ (2) A deed in the form of subsection (1) of this section shall have
the following effect:

(a) It shall convey the entire interest in the described property
at the date of the deed which the deed purports to convey.

(b) The grantor, the heirs, successors and assigns of the grantor,
shall be forever estopped from asserting that the grantor had, at the
date of the deed, an estate or interest in the land less than that estate
or interest which the deed purported to convey and the deed shall pass
any and all after acquired title.

(3) A bargain and sale deed shall not operate to provide any
covenants of title in the grantee and the successors of the grantee.
[1973 c.194 §3; 1999 c.214 §3] (1) Quitclaim deeds may be in
the following form:

___________________________________________________________________________
________, Grantor, releases and quitclaims to_____, Grantee, all right,
title and interest in and to the following described real property:
(Describe the property conveyed.)(Following description of property, here insert statement required under
ORS 93.040 (1).)The true consideration for this conveyance is $_____. (Here comply with
the requirements of ORS 93.030.)Dated this _____ day of_____, 2___.

___________________________________________________________________________
___ (2) A deed in the form of subsection (1) of this section shall have
the effect of conveying whatever title or interest, legal or equitable,
the grantor may have in the described property at the date of the deed
but shall not transfer any title or interest which the grantor may
thereafter obtain nor shall it operate as an estoppel.

(3) A grantee taking title by way of a quitclaim deed shall not,
merely because of receipt of title by or through such a deed, be denied
the status of a good faith purchaser for value. [1973 c.194 §4; 1999
c.214 §4] The form of deeds set forth
in ORS 93.850 to 93.865 are permissive and not mandatory. Other forms of
deeds may be used for the conveyance of real property. [1973 c.194 §5]FORFEITURE UNDER LAND SALES CONTRACT

(1) “Contract for transfer or conveyance of an interest in real
property” shall not include earnest money or preliminary sales
agreements, options or rights of first refusal.

(2) “Forfeiture remedy” means the nonjudicial remedy whereby the
seller cancels the contract for default, declares the purchaser’s rights
under the contract to be forfeited, extinguishes the debt and retains
sums previously paid thereunder by the buyer.

(3) “Purchase price” means the total price for the interest in the
real property as stated in the contract, including but not limited to
down payment, other property or value given or promised for which a
dollar value is stated in the contract and the balance of the purchase
price payable in installments, not including interest. If the contract
provides for the conveyance of an interest in more than one parcel of
property, the purchase price shall include only the portion of the price
attributable to the remaining, unconveyed interest in real property, if
the value thereof is separately stated or can be determined from the
terms of the contract.

(4) “Purchaser” means any person who by voluntary transfer acquires
a contractual interest in real property, any successor in interest to all
or any part of the purchaser’s contract rights of whom the seller has
actual or constructive notice, and any person having a subordinate lien
or encumbrance of record, including, but not limited to, a mortgagee, a
beneficiary under a trust deed and a purchaser under a subordinate
contract for transfer or conveyance of an interest in real property.

(5) “Seller” means any person who transfers or conveys an interest
in real property, or any successor in interest of the seller.

(6) “Unpaid balance” means the sum of the unpaid principal balance,
accrued unpaid interest and any sums actually paid by the seller on
behalf of the purchaser for items required to be paid by the purchaser,
including amounts paid for delinquent taxes, assessments or liens, or to
obtain or reinstate required insurance. [1985 c.718 §1]
Whenever a contract for transfer or conveyance of an interest in real
property provides a forfeiture remedy, whether the remedy is
self-executing or is optional, forfeiture of the interest of a purchaser
in default under the contract may be enforced only after notice of the
default has been given to the purchaser as provided in ORS 93.915,
notwithstanding any provision in the contract to the contrary. [1985
c.718 §2]In the event of a default under a collateral
assignment of the interest of a seller or purchaser in a land sale
contract, including a collateral assignment of the proceeds thereof, the
assignee may enforce a remedy of forfeiture, as set forth in ORS 93.905
to 93.945, unless the agreement between the parties otherwise prohibits
such remedy. [1989 c.516 §3]Note: 93.913 and 93.918 were added to and made a part of ORS
chapter 93 by legislative action but were not added to any series
therein. See Preface to Oregon Revised Statutes for further explanation.(1) In the event of a default under a
contract for conveyance of real property, a seller who wishes to enforce
a forfeiture remedy must give written notice of default by service
pursuant to ORCP 7 D(2) and 7 D(3), or by both first class and certified
mail with return receipt requested, to the last-known address of the
following persons or their legal representatives, if any:

(a) The purchaser.

(b) An occupant of the property.

(c) Any person who has caused to be filed for record in the county
clerk’s office of a county in which any part or parcel of the real
property is situated, a duly acknowledged request for a copy of any
notice of default served upon or mailed to the purchaser. The request
shall contain the name and address of the person requesting copies of the
notice and shall identify the contract by stating the names of the
parties to the contract, the date of recordation of the contract and the
book and page where the contract is recorded. The county clerk shall
immediately make a cross-reference of the request to the contract, either
on the margin of the page where the contract is recorded or in some other
suitable place. No request, statement or notation placed on the record
pursuant to this section shall affect title to the property or be deemed
notice to any person that any person so recording the request has any
right, title, interest in, lien or charge upon the property referred to
in the contract.

(2) Notices served by mail are effective when mailed.

(3) The notice shall specify the nature of the default, the amount
of the default if the default is in the payment terms, the date after
which the contract will be forfeited if the purchaser does not cure the
default and the name and address of the seller or the attorney for the
seller. The period specified in the notice after which the contract will
be forfeited may not be less than:

(a) Sixty days, when the purchaser has reduced the unpaid balance
to an amount greater than 75 percent of the purchase price;

(b) Ninety days, when the purchaser has reduced the unpaid balance
to an amount which is more than 50 percent but less than 75 percent of
the purchase price; or

(c) One hundred twenty days, when the purchaser has reduced the
unpaid balance to an amount which is 50 percent or less of the purchase
price.

(4) The seller shall cause to be recorded in the real property
records of each county in which any part of the property is located a
copy of the notice, together with an affidavit of service or mailing of
the notice of default, reciting the date the notice was served or mailed
and the name and address of each person to whom it was given. From the
date of recording, the notice and affidavit shall constitute constructive
notice to third persons of the pending forfeiture. If, not later than one
year after the time for cure stated in a recorded notice and affidavit or
any recorded extension thereof, no declaration of forfeiture based upon
the recorded notice and affidavit has been recorded and no extension of
time for cure executed by the seller has been recorded, the notice and
affidavit shall not be effective for any purpose nor shall it impart any
constructive or other notice to third persons acquiring an interest in
the purchaser’s interest in the contract or the property or any portion
of either. Any extension of time for cure executed by the seller shall be
recorded in the same manner as the original notice and affidavit.

(5) The statement contained in the notice as to the time after
which the contract will be forfeited if the default is not cured shall
conclusively be presumed to be correct, and the notice adequate, unless
one or more recipients of such notice notifies the seller or the attorney
for the seller, by registered or certified mail, that such recipient
claims the right to a longer period of time in which to cure the default.

(6) Subject to the procedural requirements of the Oregon Rules of
Civil Procedure, an action may be instituted to appoint a receiver or to
obtain a temporary restraining order during forfeiture under a land sale
contract, except that a receiver shall not be appointed with respect to a
single-family residence which is occupied at the time the notice of
default is given, as the principal residence of the purchaser, the
purchaser’s spouse or the purchaser’s minor dependent children. [1985
c.718 §3; 1987 c.717 §1; 1991 c.12 §1](1) Except when a seller has participated
in obtaining a stay, contract forfeiture proceedings that are stayed by
order of the court, by proceedings in bankruptcy or for any other lawful
reason, shall continue after release from the stay as if uninterrupted,
if within 30 days after release the seller gives written amended notice
of default by certified mail with return receipt requested, to the
last-known address of those persons listed in ORS 93.915 (1). The amended
notice of default shall:

(a) Be given at least 20 days prior to the amended date of
forfeiture;

(b) Specify an amended date after which the contract will be
forfeited, which may be the same as the original forfeiture date;

(c) Conform to the requirements of ORS 93.915 (3), except the time
periods set forth therein; and

(d) State that the original forfeiture proceedings were stayed and
the date the stay terminated.

(2) The new date of forfeiture shall not be sooner than the date of
forfeiture as set forth in the seller’s notice of default which was
subject to the stay.

(3) Prior to the date of forfeiture, the seller shall cause to be
recorded in the real property records of each county in which any part of
the property is located, a copy of the amended notice of default,
together with an affidavit of service or mailing of the amended notice of
default, reciting the date the amended notice of default was served or
mailed and the name and address of each person to whom it was given. From
the date of its recording, the amended notice of default shall be subject
to the provisions of ORS 93.915 (4) and (5). [1989 c.516 §4]Note: See note under 93.913.A purchaser in default may avoid a forfeiture under the
contract by curing the default or defaults before expiration of the
notice period provided in ORS 93.915. If the default consists of a
failure to pay sums when due under the contract, the default may be cured
by paying the entire amount due, other than sums that would not then be
due had no default occurred, at the time of cure under the terms of the
contract. Any other default under the contract may be cured by tendering
the performance required under the contract. In addition to paying the
sums or tendering the performance necessary to cure the default, the
person effecting the cure of the default shall pay all costs and expenses
actually incurred in enforcing the contract, including, but not limited
to, late charges, attorney fees not to exceed $350 and costs of title
search. [1985 c.718 §4; 1987 c.717 §2]
Notwithstanding a seller’s waiver of prior defaults, if notice is given
and purchaser does not cure the default within the period specified in
ORS 93.915, the contract forfeiture remedy may be exercised and the
contract shall not be reinstated by any subsequent offer or tender of
performance. The notice required in ORS 93.915 shall be in lieu of any
notice that may be required under the terms of the contract itself,
except where greater notice or notice to persons other than those
described in ORS 93.915 is required by the terms of the contract, in
which case notice shall be given for such longer period of time and to
such additional persons as required by the contract. [1985 c.718 §5]
(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, 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 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 to 93.945 and except
to the extent otherwise provided in the contract or other agreement with
the seller, forfeiture of a contract under ORS 93.905 to 93.930 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, 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 to 105.168 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](1) In the event of a default under a contract
for conveyance of real property, the recorded interest, lien or claim of
a person with respect to the real property, by virtue of an assignment,
conveyance, contract, mortgage, trust deed or other lien or claim from or
through a purchaser, shall not be affected by the purchaser’s abandonment
or reconveyance to the seller unless the person is given notice in the
manner specified in ORS 93.915.

(2) The notice shall specify the nature of the default, the amount
of the default if the default is in the payment terms, the date after
which the purchaser’s interest in the real property will be abandoned or
reconveyed to the seller and the name and address of the seller or the
attorney for the seller. The period specified in the notice after which
the purchaser’s interest will be abandoned or reconveyed to the seller
may not be less than:

(a) Sixty days, when the purchaser has reduced the unpaid balance
to an amount greater than 75 percent of the purchase price;

(b) Ninety days, when the purchaser has reduced the unpaid balance
to an amount which is more than 50 percent but less than 75 percent of
the purchase price; or

(c) One hundred twenty days, when the purchaser has reduced the
unpaid balance to an amount which is 50 percent or less of the purchase
price.

(3) If the person having an interest, lien or claim with respect to
the real property, by virtue of an assignment, conveyance, contract,
mortgage, trust deed or other lien or claim from or through a purchaser
whose interest arises under a contract for conveyance of real property,
cures the default as provided in ORS 93.920 then such person’s interest,
lien or claim with respect to the real property shall not be affected by
the purchaser’s abandonment or reconveyance to the seller. [1985 c.718
§7; 1987 c.225 §3]The recorded interest, lien or claim of a person with
respect to the real property, by virtue of an assignment, conveyance,
contract, mortgage, trust deed or other lien or claim from or through a
purchaser whose interest arises under a contract for conveyance of real
property, shall be not affected by the seller’s foreclosure or other
action on the contract unless such person is made a party to the action
brought by the seller to enforce or foreclose the contract. In such
action, such person shall be entitled to the same rights and
opportunities to cure the purchaser’s default or satisfy the purchaser’s
obligations as are granted the purchaser. [1985 c.718 §8; 1987 c.225 §4] (1) The provisions of
ORS 93.910 to 93.930 shall apply only to forfeiture remedies enforced
after July 13, 1985. The date that the initial written notice of a
default is given to the purchaser shall be the date of enforcement of the
forfeiture remedy.

(2) The provisions of ORS 93.935 and 93.940 shall apply to all
contracts for transfer or conveyance of an interest in real property,
whether executed on, before or after July 13, 1985. [1985 c.718 §§9,10]PENALTIES (1) The giving of a false statement of the true
and actual consideration as required by ORS 93.030 is a Class A violation.

(2) Any person served with the subpoena mentioned in ORS 93.460
who, without reasonable cause, refuses or neglects to appear, or
appearing refuses to answer upon oath touching the matter mentioned in
ORS 93.460 shall forfeit to the injured party $100. The person may also
be committed to prison as for a contempt by the officer who issued the
subpoena until the person submits to answer on oath as aforesaid.

(3) Violation of ORS 93.635 is a Class D violation. [Subsection (1)
enacted as 1967 c.462 §2; subsection (3) enacted as 1975 c.618 §4; 1977
c.724 §2; 1999 c.1051 §149]

_______________

USA Statutes : oregon