205.990���� Penalties GENERAL PROVISIONS ����� 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

205.990���� Penalties

GENERAL PROVISIONS

����� 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.

����� (2) As used in this chapter:

����� (a) �Person� means an individual, organization, corporation, government, governmental subdivision or agency, business trust, partnership or association, two or more persons having a joint or common interest or any other legal or commercial entity.

����� (b) �Text� includes the words contained in the body of an instrument to be recorded and the names of the transactions contained in the instrument. The term does not include instructions for completing the instrument, form numbers or statutory references.

����� (c) �Transaction� means an action, including but not limited to a transfer, encumbrance or release affecting title to or an interest in real property, that is required or permitted by state law or rule or federal law or regulation to be recorded. [Amended by 1991 c.230 �10; 1993 c.321 �1; 2001 c.713 �1; 2005 c.82 �1; 2009 c.294 �17]

POWERS AND DUTIES

����� 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 in which the county court has judicial functions shall, for the county court:

����� (a) Keep the seal of the court, and affix it in all cases required by law.

����� (b) Record the proceedings of the court.

����� (c) Keep the records, files, books and papers pertaining to the court.

����� (d) File all papers delivered to the clerk for that purpose in any action or proceeding in the court.

����� (e) Attend the terms of the court, administer oaths and receive the verdict of a jury in any action or proceeding therein, in the presence and under the direction of the court.

����� (f) Under the direction of the court enter its orders and judgments.

����� (g) Authenticate, by certificate or transcript, as may be required, the records, files or proceedings of the court, or any paper pertaining thereto, and filed with the clerk.

����� (h) Exercise the powers and perform the duties conferred upon the clerk by statute.

����� (i) In the performance of duties pertaining to the court, conform to the direction of the court.

����� (3) The county clerk may take and certify the proof and acknowledgment of a conveyance of real property or any other written instrument authorized or required to be proved or acknowledged. [1977 c.594 �2; 1981 s.s. c.3 �39; 1983 c.327 �5; 1985 c.540 �40; 1991 c.230 �11]

����� 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 any person subject to the order or warrant.

����� (b) The name of the officer and the agency that issued the order or warrant or the name of the complainant or claimant in whose favor an order of the Construction Contractors Board or State Landscape Contractors Board has been given. The name of the agency or board that issued the order or warrant must be clearly printed on the order or warrant.

����� (c) The amount of any monetary obligation imposed by the order or warrant, and the names of all persons against whom the obligation is imposed.

����� (d) The date on which the order or warrant was received and recorded.

����� (e) Full or partial satisfaction, if any, of any lien claim created by the order or warrant.

����� (f) County Clerk Lien Record instruments filed under ORS 205.130 (3)(c)(A) shall be on official letterhead and include the seals, if any, of the officers and agencies.

����� (g) Such other information as may be considered necessary by the county clerk.

����� (2) From the date that an order or warrant is recorded in the County Clerk Lien Record, the order or warrant shall have the attributes and effect of a judgment that has been entered in the register of the circuit court for that county, including but not limited to the creation of a judgment lien for any monetary obligation in favor of the officer or agency issuing the order or warrant or in favor of the complainant or claimant in the proceedings before the Construction Contractors Board or State Landscape Contractors Board, renewal and enforcement by supplementary proceedings, writs of execution, notices of garnishment and writs of garnishment.

����� (3) From the date that an order or warrant imposing a monetary obligation is recorded in the County Clerk Lien Record, the order or warrant becomes a lien upon the title to and interest in property of the person against whom it is issued in the same manner as a judgment that creates a judgment lien under ORS chapter 18.

����� (4) In addition to any other remedy provided by law, orders and warrants recorded in the County Clerk Lien Record may be enforced as provided in ORS 205.126. [1983 c.696 �1; 1985 c.343 �10; 1987 c.586 �30; 1989 c.706 �2; 1997 c.387 �1; 1999 c.153 �5; 1999 c.654 �13; 2003 c.576 �194; 2007 c.793 �4]

����� 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:

����� (a) Writ of execution proceedings under ORS 18.252 to 18.993.

����� (b) Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.

����� (c) Garnishment proceedings under ORS 18.600 to 18.850.

����� (2) At any time within 10 years after the recording of an order or warrant, an agency, complainant or claimant, acting with or without the assistance of an attorney, may renew an order or warrant by recording a notice of renewal in the County Clerk Lien Record. A notice of renewal recorded within the time specified by this subsection has the attributes and effect of an extension of judgment remedies noted in the register under ORS 18.182, from the date that the notice is recorded. A notice of renewal recorded under this section must state:

����� (a) The name of the agency that issued the order or warrant or the name of the complainant or claimant in whose favor an order of the Construction Contractors Board or State Landscape Contractors Board has been given;

����� (b) The names of all persons against whom a monetary obligation is imposed under the order or warrant; and

����� (c) The date of recording and the recording number, the book and page number for the recording, or the volume and page number for the recording.

����� (3) For the purposes of this section:

����� (a) �Agency� means any state officer, board, commission, corporation, institution, department or other state body that has authority to record an order or warrant in the County Clerk Lien Record.

����� (b) �Complainant or claimant� means a person in favor of which a board order has been recorded under the provisions of ORS 671.707 or 701.153. [1997 c.387 �2; 1999 c.153 �6; 2001 c.249 �75; 2003 c.576 �195; 2007 c.793 �5; 2007 c.836 �41]

����� 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]

����� 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 and a record of all maps, plats, contracts, powers of attorney and other interests affecting the title to real property required or permitted by law to be recorded.

����� (2) Record, or cause to be recorded, in a legible and permanent manner, and keep in the office of the county clerk, all:

����� (a) Deeds and mortgages of real property, powers of attorney and contracts affecting the title to real property, authorized by law to be recorded, assignments thereof and of any interest therein when properly acknowledged or proved and other interests affecting the title to real property required or permitted by law to be recorded;

����� (b) Certificates of sale of real property under execution or order of court, or assignments of previously recorded certificates or of any interest in real property, when properly acknowledged or proved;

����� (c) Certified copies of death records of any person appearing in the county records as owning or having a claim or interest in land in the county. A certified copy of a death record recorded in the deed records of a county under this subsection is a public record and is not subject to the disclosure limitations under ORS