Oregon Statutes - Chapter 205 - County Clerks

• 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...
• 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. (2) The county clerk of any county...
• 205.120   [Repealed by 1959 c.552 §16]
• 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: (a) The name of...
• 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...
• 205.127   Recording in County Clerk Lien Record required 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,...
• 205.130   Recording duties of county clerk.
  The county clerk shall: (1) Have the custody of, and safely keep and preserve all files and records of deeds and mortgages of real property,...
• 205.135   Preparation of true copy of document not sufficiently legible to reproduce readable photographic record.
  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...
• 205.140   Transcript or copy of record as evidence.
  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...
• 205.150   Seal of clerk.
  The county court shall provide a suitable seal for the use of the county clerk.
• 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. (2) The direct general...
• 205.170   [Repealed by 1979 c.492 §1]
• 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. (2) Whenever any instrument...
• 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...
• 205.200   [Amended by 1969 c.532 §1; repealed by 1971 c.88 §8]
• 205.210   [Repealed by 1981 c.48 §8]
• 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...
• 205.230   [Amended by 1961 c.726 §411; 1965 c.619 §37; part renumbered 205.335; repealed by 1991 c.230 §35]
• 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...
• 205.234   Requirements for first page of instruments to be recorded; cover sheet.
  (1) When any instrument is presented to a county clerk for recording, the first page of the instrument shall contain at least: (a) The names...
• 205.236   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...
• 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...
• 205.240   [1957 c.669 §§1,2; repealed by 1971 c.267 §16]
• 205.242   Clerk to receive and certify instruments during specified hours; exception.
  (1) Except as provided in subsection (2) of this section, in every county, the office of the county clerk shall receive and certify, as required...
• 205.244   Recording of corrected instruments.
  (1) Any instrument that has been previously recorded may be rerecorded to make corrections in the original instrument. (2) The county clerk shall record any...
• 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)]
• 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...
• 205.250   [1969 c.518 §2; repealed by 1971 c.121 §3]
• 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...
• 205.260   [1985 c.613 §30; repealed by 1987 c.311 §10]
• 205.310   [Repealed by 1957 c.359 §3]
• 205.320   Fees collected by county clerk; use of portion of certain fees.
  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...
• 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 following fees shall be...
• 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]
• 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...
• 205.330   [Repealed by 1957 c.359 §3]
• 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]
• 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]
• 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...
• 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 21.310 that are collected by the clerk, stating in the...
• 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...
• 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...
• 205.380   [Amended by 1963 c.519 §32; repealed by 1981 c.48 §8]
• 205.390   [Repealed by 1981 c.48 §8]
• 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...
• 205.400   [Repealed by 1999 c.803 §10]
• 205.450   Definitions for ORS 205.450 to 205.470.
  As used in ORS 205.450 to 205.470: (1) “Encumbrance” means a claim, lien, charge or liability attached to and binding property. (2) “Encumbrance claimant” means...
• 205.455   Invalid claim of encumbrance; acceptance of filing prohibited; notice of invalid claim; form; posting notice; effect of filing invalid claim of encumbrance.
  (1) No person or county shall accept for filing an invalid claim of encumbrance. (2) No person or county shall accept for filing a claim...
• 205.460   Order to show cause why invalid claim of encumbrance should not be discharged; petition; hearing; release of invalid claim; application.
  (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...
• 205.465   Claim of encumbrance against certain property invalid without judicial order.
  A claim of encumbrance against the property of a federal official or employee or against the property of a state or local official or employee...
• 205.470   Liability for filing invalid claim of encumbrance.
  Any person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property bound...
• 205.510   County clerk not to act or have partner acting as attorney.
  (1) No county clerk shall during the term of office of that clerk institute or assist in instituting any suit, action or probate proceeding in...
• 205.515   Orders or warrants issued by state agency or officer; docketing; transfer to County Clerk Lien Record.
  (1) If an order or warrant issued by a state agency or officer was docketed in the judgment docket of the circuit court of any...
• 205.520   [Repealed by 1981 c.48 §8]
• 205.525   Satisfaction of orders or warrants issued by state agency or officer; interest on penalties imposed by orders; recording release of lien in County Clerk Lien Record.
  (1) Interest on a penalty imposed by an order shall run from the date of issuance of a final order at the rate provided for...
• 205.530   [Repealed by 1981 c.48 §8]
• 205.990   Penalties.
  Any officer who violates ORS 205.510 (1) shall be deemed guilty of official misconduct and punished therefor as provided by ORS 162.415. [Amended by 1959...

Last modified: August 7, 2008