Chapter 205 — Chapter 205

ORS 205.010 Definitions. (1) As used in the statutes of this state in reference to a chattel mortgage and action by the appropriate recording officer, “record,” “recorded” and “recording” mean “record or file,” “recorded or filed” or “recording or filing,” as the context requires

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ORS 205.110 General powers and duties of county clerk. (1) The county clerk in each county shall keep and maintain the records of the county governing body

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ORS 205.120 [Repealed by 1959 c.552 §16]

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ORS 205.125 County Clerk Lien Record; contents; effect. (1) The County Clerk Lien Record maintained under ORS 205.130 shall contain the following information for each order or warrant recorded

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ORS 205.126 Enforcement of order or warrant recorded in County Clerk Lien Record; renewal of order or warrant; notice of renewal. (1) At any time after recording an order or warrant in the County Clerk Lien Record, a complainant or claimant or an attorney for an agency, complainant or claimant may file in the circuit court for the county where the order or warrant is recorded, a copy of the original order or warrant certified by the agency to be a true copy of original, and an affidavit of the complainant, claimant or attorney verifying that the order or warrant was recorded in the County Clerk Lien Record for that county, the date that the order or warrant was recorded and the date on which any notice of renewal was recorded under subsection (2) of this section. Subject to any other requirements that may apply to the enforcement remedy sought by the agency, complainant or claimant, proceedings may thereafter be commenced by the agency, complainant or claimant for the enforcement of the order or warrant, in the same manner as provided for the enforcement of judgments issued by a court. Enforcement proceedings may include

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ORS 205.127 Recording in County Clerk Lien Record for certain liens. The County Clerk Lien Record in each county where the real property is located is the place of recording a lien filed pursuant to CERCLA, 100 U.S. Stat 1630. [1987 c.586 §48]

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ORS 205.130 Recording duties of county clerk. The county clerk shall

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ORS 205.135 Illegible document presented for recording. Whenever the text of a document presented for recording may be made out but is not sufficiently legible to reproduce a readable photographic record, the county clerk shall require the person presenting it for recording to substitute a legible original document or prepare a true copy thereof by handwriting or typewriting and attach the same to the original as a part of the document for making the permanent photographic record. [1965 c.301 §1(1); 1999 c.654 §15; 2005 c.22 §155]

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ORS 205.140 Transcript or copy of record. A transcript of the record of any instruments duly recorded by the county clerk in any county under the authority of ORS 205.130 and 205.160 to 205.190, or a photographic or photostatic copy thereof, duly certified by the county clerk, under the seal of office, may be recorded in the office of any county clerk or read in evidence in any court with like force and effect as the original instrument. [Amended by 1999 c.654 §16]

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ORS 205.150 Seal of clerk. The county court shall provide a suitable seal for the use of the county clerk

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ORS 205.160 Indexes kept by county clerk; use of alternative recording method allowed. (1) The county clerk shall keep a direct general index and an indirect general index in the office of the clerk

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ORS 205.170 [Repealed by 1979 c.492 §1]

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ORS 205.180 Entry in appropriate record of instruments received for recording. (1) The county clerk shall make in the appropriate record correct entries of every instrument required by law to be recorded

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ORS 205.190 Record of plats and maps of towns, villages, cemeteries. Each county clerk shall maintain a record of all maps of towns, villages, or additions to the same, or cemeteries, within the county, together with any description, acknowledgment or other writing therein. The county clerk shall create and store the maps in accordance with archival standards for the preservation of the record. The clerk shall keep an index that may be part of the deed index and shall contain the name of the town, village, addition or cemetery plat. The clerk shall not be bound to perform any duty required by ORS 205.130, 205.160, 205.180 and this section for which a fee is allowed, unless such fee has been paid or tendered, but when any such map has, prior to May 29, 1919, been incorrectly recorded in the plat records or deed records of the county, and such plat so incorrectly recorded is again presented by anyone to the clerk for record, the clerk shall correctly record such map in the record of plats without charge therefor, and shall make notation in the index of the fact of such re-recording, giving the book and page or instrument number where the re-recording appears. The record of the original map so re-recorded, as well as the record of all maps recorded under this section, as well as all original maps or plats recorded prior to May 29, 1919, shall be safely kept in the office of the clerk. The clerk shall not refuse to comply with this section by reason of the fact that some portion of the lands so platted were brought under any statute of this state relating to the registration of land titles. [Amended by 1999 c.710 §10]

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ORS 205.200 [Amended by 1969 c.532 §1; repealed by 1971 c.88 §8]

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ORS 205.210 [Repealed by 1981 c.48 §8]

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ORS 205.220 Recording copies of estate records; copy as evidence. Any copies of records of any estate administered in this state, certified to as true and correct by the clerk of the court in which the estate was or is being administered, shall be received and recorded by the officer having charge of the deed records of any county upon the payment of the fees required by law. A certified copy of such record shall be received as prima facie evidence of the original record in any court of this state

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ORS 205.225 Recording association information with county clerk; fees. (1) As used in this section, “association” means an association formed under ORS 94.625, 94.846 or 100.405, or any other association in which a person holds membership by virtue of owning or possessing a real estate interest subject to assessment and lien authority pursuant to a recorded instrument

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ORS 205.230 [Amended by 1961 c.726 §411; 1965 c.619 §37; part renumbered 205.335; repealed by 1991 c.230 §35]

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ORS 205.232 Conditions for instruments to be recorded; exception. Except as provided in ORS 205.327, a county clerk shall not accept any instrument for recording unless the text of the instrument is typed, written or printed in 10-point type or larger on paper that is not larger than 14 inches long and 8-1/2 inches wide and which paper is of sufficient quality for recording photographically. However, this section does not apply to out-of-state notarial acts or to certified copies of public records presented to a county clerk for recording. [1991 c.230 §2; 1993 c.321 §3; 2023 c.3 §1]

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ORS 205.234 Requirements for first page of instruments to be recorded; cover sheet. (1) When an instrument is presented to a county clerk for recording, the first page of the instrument must contain at least

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ORS 205.236 Labeling of instrument to be recorded; instrument describing two or more transactions; recordation; fee. (1) An instrument required or permitted by law to be recorded shall be clearly labeled in sufficient detail to enable the clerk to record the instrument in the appropriate record

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ORS 205.238 Return of instrument after recordation. In every county, the county clerk shall return any instrument presented for recording to the person authorized to receive the instrument. The county clerk shall return the instrument by personally delivering or mailing the instrument not later than the 10th business day, not counting days on which the recording office is closed, after the date of recordation. [1991 c.230 §6]

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ORS 205.240 [1957 c.669 §§1,2; repealed by 1971 c.267 §16]

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ORS 205.242 Clerk to receive and certify instruments during specified hours; exceptions. (1) The office of the county clerk in every county shall establish regular business hours to receive and certify, as required under ORS 93.620, instruments presented for recording, for a minimum of four hours per day, and 30 hours per week, from Monday through Friday

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ORS 205.244 Rerecording of corrected instruments. (1) An instrument that has been previously recorded may be rerecorded to make corrections in the original instrument

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ORS 205.245 [Formerly 21.520; 1987 c.586 §34; 1991 c.230 §13; repealed by 1997 c.592 §6 (205.246 enacted in lieu of 205.245)]

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ORS 205.246 Instruments to be recorded; fees. (1) The county clerk shall record the following instruments required or permitted by law to be recorded and entered in the office of the county clerk

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ORS 205.250 [1969 c.518 §2; repealed by 1971 c.121 §3]

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ORS 205.255 Filing requirement as recording requirement. Any requirement by the laws of this state that an instrument described in ORS 205.246 be filed in the office of the county clerk or that an instrument be filed in deed or mortgage records shall be considered to be a requirement that such instruments be recorded instead of being filed. [Formerly 21.530; 1991 c.230 §16]

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ORS 205.260 [1985 c.613 §30; repealed by 1987 c.311 §10]

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ORS 205.310 [Repealed by 1957 c.359 §3]

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ORS 205.320 Fees collected by county clerk; use of portion of certain fees. (1) In every county there shall be charged and collected in advance by the county clerk, for the benefit of the county, the following fees, and no more, for the following purposes and services

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ORS 205.323 Additional fees for recording certain instruments; use of fees. (1) In addition to and not in lieu of the fees charged and collected under ORS 205.320 and other fees, the county clerk shall charge and collect the following fees for the recording or filing of any instrument described in ORS 205.130

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ORS 205.325 [1965 c.301 §1 (2); 1971 c.621 §26; 1975 c.607 §25; 1979 c.833 §26; 1981 c.835 §14; repealed by 1999 c.654 §37]

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ORS 205.327 Penalty for presenting nonstandard instruments for recording. When an instrument required or permitted by law to be recorded is presented to a county clerk for recording, if the instrument does not comply with the requirements of ORS 205.232 or 205.234, the county clerk shall record the instrument, but shall charge and collect in advance a penalty of $20. The penalty authorized and collected under this section is in addition to and not in lieu of the fees charged under ORS 205.320 for recording the instrument. [1991 c.230 §4; 2001 c.713 §4; 2015 c.168 §1]

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ORS 205.330 [Repealed by 1957 c.359 §3]

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ORS 205.335 [Formerly part of 205.230; 1971 c.621 §27; 1975 c.607 §26; 1979 c.833 §27; 1981 c.835 §15; repealed by 1991 c.230 §35]

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ORS 205.340 [Amended by 1971 c.621 §28; 1975 c.607 §27; 1979 c.833 §28; repealed by 1987 c.469 §3 and 1987 c.586 §49]

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ORS 205.350 Fees for approving and recording plats. The fee for performing the services set forth in ORS 92.090, 92.100 and 271.230, shall be set by ordinance of the county governing body. [Amended by 1971 c.621 §29; 1975 c.607 §28; 1979 c.833 §29]

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ORS 205.360 Clerk to receipt and account for certain probate fees collected. The clerk of the county court shall receive and receipt for fees prescribed in ORS 21.170 that are collected by the clerk, stating in the receipt the amount so received, from whom received and on what account the amount was received, specifying the cause or proceeding. If it is ascertained at any time that the clerk has received any such fees not so accounted for, or done service without collecting fees therefor as provided in ORS 21.170, or neglected duty in any other respect, the payment of salary of the clerk shall be withheld until the matter is fully rectified. [Amended by 1981 s.s. c.3 §99; 2011 c.595 §136]

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ORS 205.365 Disposition of County Clerk Lien Record fees. Within the first 10 days of the month following the month in which collected, all fees collected by a county clerk for recording and making entry of any instrument in the County Clerk Lien Record shall be paid to the county treasurer for deposit in a separate account in the county general fund. Moneys in such account shall be credited to the county clerk and used exclusively by the county clerk for payment of expenses incurred in maintaining the County Clerk Lien Record. [1983 c.696 §32]

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ORS 205.370 Payment to and disposition of trial fees by court clerk. Trial fees in the county court exercising judicial functions shall be paid to the clerk of the court, who shall keep a regular account of them, and by whom paid, in the fee book. The clerk shall pay the amount of such fees received to the treasurer of the county, as often as once a month, taking receipt therefor in duplicate, one of which the clerk shall file in the office of the clerk and the other the clerk may retain as private property. At the annual accounting of the county officers with the county court, the clerk shall exhibit to such court a detailed statement of the trial fees received by the clerk in the course of the year, verified by the oath of the clerk. [Amended by 1981 s.s. c.3 §100]

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ORS 205.380 [Amended by 1963 c.519 §32; repealed by 1981 c.48 §8]

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ORS 205.390 [Repealed by 1981 c.48 §8]

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ORS 205.395 Payment of fees by state agencies for entry in County Clerk Lien Record. Notwithstanding the provisions of ORS 182.040 to 182.060 and 205.320 relating to the time and manner of payment of fees to the county clerk, a state officer or state agency that records a warrant, order, a certified copy of the judgment or lien record abstract or other document with a county clerk for entry in the County Clerk Lien Record shall not be required to pay the fee for that service in advance or at the time the entry is made. Except as provided in ORS 137.270 the county clerk, on the 10th day of each month, shall provide the officer or agency with an itemized statement of all recordings made by the officer or agency for the preceding month, together with the total charge therefor. The officer or agency, upon receipt of the itemized statement, shall promptly pay the amount due the county. The fees that may be charged and collected by the county clerk for recording and making entry of any instrument in the County Clerk Lien Record are those fees prescribed for recording documents. [1983 c.696 §2; 1987 c.586 §36]

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ORS 205.400 [Repealed by 1999 c.803 §10]

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ORS 205.450 Definitions for ORS 205.450 to 205.470. As used in ORS 205.450 to 205.470

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ORS 205.455 Acceptance of filing of invalid claim of encumbrance prohibited; notice of invalid encumbrance; form; posting notice; effect of filing of notice of invalid encumbrance. (1) No person or county shall accept for filing an invalid claim of encumbrance

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ORS 205.460 Order to show cause why invalid claim of encumbrance should not be stricken; petition; hearing; release of invalid claim; procedure unavailable against certain persons. (1) A person whose property is subject to an invalid claim of encumbrance may petition the circuit court of the county in which the person resides or in which the property is located for an order, which may be granted ex parte, directing the encumbrance claimant to appear at a hearing before the court and show cause why the claim of encumbrance should not be stricken and other relief provided by this section should not be granted. The court shall schedule the hearing no earlier than seven days after the date of the order. The scheduled date of the hearing shall allow adequate time for notice of the hearing under subsection (4) of this section

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