Title 205 · ORS Chapter 205

432.350; �� (d) Instruments presented for recording by the United States or the State of Oregon, or a political subdivision of either, that affect title to or an interest in real property or that

Citation: ORS 432.350

Section: 432.350

432.350;

�� (d) Instruments presented for recording by the United States or the State of Oregon, or a political subdivision of either, that affect title to or an interest in real property or that lawfully concern real property; and

�� (e) Instruments recognized under state law or rule or federal law or regulation as affecting title to or an interest in real property if the instrument is properly acknowledged or proved.

�� (3) Keep and maintain:

�� (a) Deed and mortgage records;

�� (b) Statutory lien records;

�� (c) A record called the County Clerk Lien Record in which the following shall be recorded:

�� (A) The warrants and orders of officers and agencies that are required or permitted by law to be recorded; and

�� (B) All instruments presented for recordation when required or permitted by law to be recorded that affect the title to or an interest in real property, other than instruments recorded in the deed and mortgage records or the statutory lien records;

�� (d) Releases, satisfactions, assignments, amendments and modifications of recorded instruments; and

�� (e) Other instruments required or permitted by law to be recorded not affecting interests in real property.

�� (4) Perform all the duties in regard to the recording and indexing of deeds and mortgages of real property, contracts, abstracts of judgments, notices of pendency, powers of attorney and other interests when required or permitted by law to be recorded that affect the title of real property, and in regard to the entry of satisfaction and discharge of the same, together with other documents required or permitted by law to be recorded.

�� (5) Incur no civil or criminal liability, either personally or in an official capacity, for recording an instrument that does not comply with the provisions of law that require or allow the recording of the instrument. [Amended by 1983 c.696 �8a; 1983 c.709 �43; 1983 c.763 �63; 1985 c.471 �16; 1987 c.215 �22; 1987 c.586 �31; 1989 c.171 �28; 1989 c.179 �1; 1989 c.618 �11; 1989 c.706 ��1,2; 1989 c.738 �15; 1989 c.764 �4; 1989 c.795 �3; 1989 c.841 �10; 1989 c.1035 �4; 1991 c.230 �12; 1993 c.321 �2; 1999 c.654 �14a; 1999 c.710 �9; 2001 c.713 �2; 2007 c.30 �12; 2013 c.366 �71; 2015 c.168 �5; 2021 c.592 �42]

�� 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]

�� 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]

�� 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 index shall contain, but need not be limited to, the following:

�� (a) Date and time of reception.

�� (b) Names of grantors.

�� (c) Names of grantees.

�� (d) Nature or type of instrument.

�� (e) Volume and page where recorded or the instrument number.

�� (f) Remarks.

�� (g) Brief description of tract.

�� (h) To whom delivered.

�� (i) Fees received.

�� (3) The clerk shall make correct entries in the direct general index of every instrument recorded under the appropriate heading, entering the names of the grantors in alphabetical order.

�� (4) The indirect general index shall contain, but need not be limited to, the following:

�� (a) Date and time of reception.

�� (b) Names of grantees.

�� (c) Names of grantors.

�� (d) Nature or type of instrument.

�� (e) Volume and page where recorded or the instrument number.

�� (f) Remarks.

�� (g) Brief description of tract.

�� (5) The clerk shall make in the indirect general index correct entries of every instrument required by law to be entered in the general index direct, entering the names of the grantors in alphabetical order.

�� (6) Whenever any mortgage, bond, judgment or other instrument has been released or discharged from record, or by recording a deed or lease, the clerk shall immediately note in both the direct general index and the indirect general index under the column headed �Remarks,� and opposite the appropriate entry, that such instrument has been satisfied.

�� (7) In lieu of both the direct general index and the indirect general index a county clerk may use a data processing device or computer to provide a combined index to books or records defined in law that shall contain the following:

�� (a) Date and time of reception.

�� (b) Names of grantees.

�� (c) Names of grantors.

�� (d) Nature or type of instrument.

�� (e) Recording number.

�� (f) Brief description of tract.

�� (g) To whom delivered.

�� (h) Fees received.

�� (i) When available, a reference to the instrument being released or discharged.

�� (j) Such other information as the county clerk may require.

�� (8) The county clerk shall provide public access to the combined index and otherwise meet the requirements of ORS chapter 192. [Amended by 1969 c.702 �1; 1987 c.586 �32; 1999 c.654 �17]

�� 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 has been received for record, the county clerk shall immediately place upon such instrument a certificate, noting the day, hour and minute of its reception and fees received for recording and, when recorded, a reference to where it is recorded. The date of record of such instrument is the date of recordation.

�� (3) Whenever any instrument has been recorded, the county clerk shall immediately make an entry in the record of the clerk with the amount paid as fee for recording.

�� (4) After such instrument has been recorded the county clerk shall return it to the person who recorded or is authorized to receive the same, writing the name of the person to whom it is delivered in the record. [Amended by 1987 c.586 �33; 1999 c.654 �18]

�� 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]

�� 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 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.

�� 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.

�� (2) The board of directors or managing agent of an association may record with the county clerk for the county where the subject property is located a statement of association information. Subject to subsection (3) of this section, the statement shall contain at least the following information:

�� (a) The name of the association as identified in the recorded declaration, conditions, covenants and restrictions or other governing instrument, and the current name of the association, if different;

�� (b) The name, address and daytime telephone number of a managing agent or treasurer of the association or other person authorized to receive:

�� (A) Assessments and fees imposed by the association; or

�� (B) Notice of a transfer of property;

�� (c) A list of the properties, as described for recordation in ORS 93.600, subject to assessment by the association;

�� (d) Information identifying the recorded declaration, conditions, covenants and restrictions or other governing instrument, and a reference to where the instruments are recorded; and

�� (e) If an amended statement is being recorded, information identifying prior recorded statements.

�� (3) The statement may not include information for a purpose that is not related to the identification of the person specified in subsection (2)(b) of this section.

�� (4) The county clerk may charge a fee for recording a statement under this section according to the provisions of ORS 205.320 (1)(d). [Formerly 94.667]

�� Note: 205.225 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 205 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 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 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]

�� 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:

�� (a) The names of the transactions as required in ORS 205.236;

�� (b) The names of the persons described in ORS 205.125 (1)(a) and (b) and 205.160;

�� (c) The person to whom and, for mailing purposes only, the address to which the instrument will be delivered as provided in ORS 205.180;

�� (d) For instruments that convey or contract to convey fee title to real estate and for memoranda of the instruments, the true and actual consideration paid for the transfer as required by ORS 93.030;

�� (e) For instruments that convey or contract to convey fee title to real estate, the tax statement information required by ORS 93.260;

�� (f) For instruments recorded in the County Clerk Lien Record, the information described in ORS 205.125 (1)(c) and (e); and

�� (g) For instruments that assign a mortgage or trust deed, the name and address of the assignee mortgagee or assignee trust deed beneficiary.

�� (2) Notwithstanding ORS 205.327, if an instrument presented for recording does not contain the information required by subsection (1) of this section, a cover sheet may be prepared that contains the required information. The person that presents the instrument for recording shall prepare the cover sheet. The cover sheet may be attached to the instrument and must be recorded as a part of the instrument. Any errors in the cover sheet do not affect the transactions contained in the instrument. The cover sheet need not be separately signed or acknowledged. [1991 c.230 �3; 1993 c.321 �4; 2007 c.345 �1; 2011 c.505 �3; 2012 c.47 �4]

�� 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.

�� (2) An instrument describing two or more transactions required or permitted by law to be recorded as separate instruments may be recorded when the instrument is labeled in sufficient detail to enable the clerk to record the transactions in the appropriate records and:

�� (a) The transactions described in the instrument involve the same properties;

�� (b) The transactions are assignments, releases or satisfactions of any recorded instrument;

�� (c) The transactions are liens recorded under ORS 311.675;

�� (d) The transactions are municipal assessment liens being recorded under ORS 93.643;

�� (e) The instrument is recorded under ORS 371.650; or

�� (f) The instrument is a cooperative contract recorded under ORS 62.360.

�� (3) When an instrument described in subsection (2) of this section is accepted for recording by a county clerk, the county clerk shall enter the instrument into the appropriate records.

�� (4) Recording fees shall be charged for recording each additional transaction described in subsection (2) of this section and the fee shall be the fee provided for in ORS