(1). [2005 c.830 �9]

131.576 (1). [2005 c.830 �9]

����� 131.576 Order restoring custody of property after expedited hearing. (1) An order restoring custody to a petitioner under ORS 131.573 shall:

����� (a) Prohibit the petitioner from using the property in unlawful conduct of any kind, or from allowing the property to be used by any other person in unlawful conduct;

����� (b) Require the petitioner to service and maintain the property as may be reasonably appropriate to preserve the value of the property; and

����� (c) Require the petitioner to inform the court of the exact location of the property at the time of any judicial proceeding under ORS 131.582 and to deliver the property to the seizing agency immediately upon the issuance of a judgment of criminal forfeiture.

����� (2) An order restoring custody to a petitioner under ORS 131.573 may include such other requirements as the court finds appropriate pending a final determination as to the disposition of the property.

����� (3) An order restoring custody to a petitioner under ORS 131.573 is enforceable by a contempt proceeding brought on the relation of forfeiture counsel, by a further order directing the petitioner to deliver the property to the custody of the seizing agency, by an order awarding to the seizing agency its reasonably incurred attorney fees, costs and investigative expenses, and by such other remedies or relief as the court finds appropriate. [2005 c.830 �10]

����� 131.579 Affidavit in response to notice of seizure for forfeiture. (1)(a) A financial institution holding an interest in property seized under ORS 131.550 to 131.600 shall respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the financial institution�s interest in the property was acquired:

����� (A) In the regular course of business as a financial institution;

����� (B) For valuable consideration;

����� (C) Without knowledge of the prohibited conduct;

����� (D) In good faith and without intent to defeat the interest of any potential seizing agency; and

����� (E) With respect to personal property, prior to the seizure of the property, or with respect to real property, recorded prior to the recording of notice of the seizure of the real property in the mortgage records of the county in which the real property is located.

����� (b) Failure to file an affidavit constitutes a default. The affidavit must be filed within 30 days from the date of service under ORS 131.570.

����� (2) Notwithstanding the provisions of subsection (1) of this section, any person, other than a financial institution, who transfers or conveys an interest in real property pursuant to a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 and who retains an interest in the real property, or any successor in interest, may respond to a notice of seizure for criminal forfeiture by filing an affidavit with the court establishing that the person:

����� (a) Received the interest in return for valuable consideration or by way of devise or intestate succession;

����� (b) Had no knowledge at the time of transfer or conveyance of the prohibited conduct;

����� (c) Acted in good faith and without intent to defeat the interest of any potential seizing agency;

����� (d) Recorded the interest in the mortgage records of the county in which the real property is located prior to the recording of any notice of intent to seize or notice of seizure; and

����� (e) Continued to hold the interest without acquiescing in the prohibited conduct.

����� (3) The affidavit permitted by subsection (2) of this section must be filed within 30 days from the date of service under ORS 131.570. Failure to file an affidavit as set forth in subsection (2) of this section constitutes a default.

����� (4) In response to an affidavit filed under subsection (2) of this section, the seizing agency may controvert any or all of the assertions made in the affidavit. The affidavit of the seizing agency must be filed with the court within 20 days after the date the affidavit is filed under subsection (2) of this section. The transferor, conveyor or successor in interest may respond, within five days after the filing of the affidavit of the seizing agency, with a supplemental affidavit limited to the matters stated in the affidavit of the seizing agency. If the seizing agency does not file an affidavit within the time allowed, the transferor, conveyor or successor in interest is considered to be a financial institution for all purposes under ORS 131.550 to 131.600.

����� (5) If the seizing agency files an affidavit under subsection (4) of this section, the court shall decide the issues raised in the affidavit in a proceeding under ORS