(a) The interest of a vendor under a land sale contract pertaining to the property if the contract was recorded prior to the issuance of the notice under ORS 105.430 (2);
(b) The interest of a mortgagee under a purchase money mortgage if the mortgage was recorded prior to the issuance of the notice under ORS 105.430 (2); or
(c) The interest of a beneficiary under a purchase money trust deed if the trust deed was recorded prior to the issuance of the notice under ORS 105.430 (2).
(2) Notwithstanding any other provision of law or any purchase money security interest, the issuance of the notice under ORS 105.430 (2) shall constitute a default under the purchase money security interest, and if the violations of the building or housing codes listed in the notice are not corrected within 30 days after the mailing of the notice, the vendor, mortgagee or beneficiary under the purchase money security interest may commence proceedings to exercise the remedies set forth in the purchase money security interest.
(3) A lien created by ORS 105.440 (2) shall be prior and superior to any purchase money security interest in the property if:
(a) The city or county gave the holder of the purchase money security interest and any vendee, mortgagor or grantor under such purchase money security interest the notice required under ORS 105.430 (2); and
(b) The holder of the purchase money security interest has not, prior to the appointment of a receiver under ORS 105.430 (6), initiated proceedings or taken other action to foreclose the purchase money security interest or to otherwise gain possession of the property.
(4) A lien created under ORS 105.440 (2) shall, except for property tax liens, assessment liens, liens created by ORS 87.352 to 87.362 and purchase money security interests not covered by subsection (3) of this section, be prior and superior to all other liens, mortgages and encumbrances against the property upon which it is imposed without regard to whether the other liens, mortgages or encumbrances attached to the property before or after the lien created by ORS 105.440 (2) attached. [1989 c.649 §8]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Section 105.005 - Right of action; recovery; damages.
Section 105.010 - Contents of complaint.
Section 105.040 - Order to make survey.
Section 105.055 - Conclusiveness of judgment.
Section 105.111 - Stay of eviction for state service member.
Section 105.112 - Action by tenant to recover personal property; forms.
Section 105.113 - Form of summons.
Section 105.115 - Causes of unlawful holding by force; action for return of possession.
Section 105.124 - Form of complaint if ORS chapter 90 applies.
Section 105.126 - Form of complaint if ORS chapter 90 does not apply.
Section 105.130 - How action conducted; fees.
Section 105.135 - Service and return of summons; posting; contents; use of facsimile.
Section 105.138 - Compelling arbitration; procedure.
Section 105.140 - Continuance.
Section 105.145 - Judgment on trial by court; duties of parties to stipulated agreement.
Section 105.146 - Failure of defendant to perform as ordered; judgment of restitution.
Section 105.149 - Hearing on compliance with order.
Section 105.151 - Enforcement of judgment of restitution; notice of restitution.
Section 105.152 - Form of notice of restitution for judgment entered under ORS 105.146.
Section 105.153 - Form of notice of restitution for judgment not entered under ORS 105.146.
Section 105.156 - Form of writ of execution for judgment of restitution.
Section 105.157 - Form of eviction trespass notice.
Section 105.158 - Service of notice of restitution.
Section 105.159 - Computation of time before plaintiff may request writ of execution.
Section 105.161 - Service and enforcement of writ of execution and eviction trespass notice.
Section 105.163 - Setting aside judgment.
Section 105.170 - Definitions for ORS 105.170 to 105.185.
Section 105.175 - Easement to be kept in repair; sharing costs; agreements.
Section 105.180 - Action for failure to comply with duty of holder; recovery of costs; arbitration.
Section 105.185 - Application of ORS 105.170 to 105.185.
Section 105.200 - Request for itemized statement.
Section 105.210 - When and how partition prevented.
Section 105.260 - Power of court over report; final judgment.
Section 105.285 - Distribution of proceeds of sale.
Section 105.330 - Rules for determining value of certain estates.
Section 105.405 - Costs and expenses of partition.
Section 105.420 - Findings; policy.
Section 105.425 - Definitions for ORS 105.420 to 105.455.
Section 105.440 - Report of abatement expenditures; court approval; lien.
Section 105.445 - Effect on purchase money security interest of lien for unpaid abatement expenses.
Section 105.450 - Termination of receivership.
Section 105.462 - Definitions for ORS 105.462 to 105.490.
Section 105.464 - Form of seller’s property disclosure statement.
Section 105.465 - Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement.
Section 105.470 - Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870.
Section 105.475 - Buyer’s statement of revocation of offer; criteria.
Section 105.480 - Representations in disclosure statement; application.
Section 105.550 - Definitions for ORS 105.550 to 105.600.
Section 105.555 - Places declared nuisances subject to abatement.
Section 105.560 - Action to restrain or enjoin nuisance; jurisdiction; remedies.
Section 105.565 - Complaint; service; jury trial; admissibility of reputation as evidence.
Section 105.580 - Order of abatement; cancellation.
Section 105.597 - Places declared nuisances per se.
Section 105.620 - Acquiring title by adverse possession.
Section 105.624 - Definitions for ORS 105.623 to 105.649.
Section 105.628 - Effect on other law.
Section 105.629 - Power to disclaim; general requirements; when irrevocable.
Section 105.633 - Disclaimer of interest in property.
Section 105.634 - Disclaimer of rights of survivorship in jointly held property.
Section 105.638 - Disclaimer of power of appointment or other power not held in fiduciary capacity.
Section 105.641 - Disclaimer of power held in fiduciary capacity.
Section 105.642 - Delivery or filing.
Section 105.643 - When disclaimer barred or limited.
Section 105.672 - Definitions for ORS 105.672 to 105.696.
Section 105.688 - Applicability of immunities from liability for owner of land; restrictions.
Section 105.700 - Prohibiting public access to private land; notice requirements; damages.
Section 105.705 - Right to bring action; filing of judgment.
Section 105.718 - Procedure for determining location of public land survey corner.
Section 105.770 - Failure of contingency; application of extinguishment.
Section 105.772 - Preservation of future interests; filing of notice of intent required; limitation.
Section 105.774 - Exclusions from application of ORS 105.770 and 105.772.
Section 105.780 - Notice of substantial damage from flooding to residential structures.
Section 105.815 - When double damages are awarded for trespass; exception.
Section 105.834 - Owner’s immunity from liability for theft of metal property.
Section 105.836 - Definitions for ORS 105.836 to 105.842 and 476.725.
Section 105.838 - Carbon monoxide alarm in dwelling.
Section 105.842 - Tampering with carbon monoxide alarm.
Section 105.848 - Radon information for potential buyers of one and two family dwellings.
Section 105.865 - Apportioning compensation among property owners; termination of city liability.
Section 105.880 - Conveyance prohibiting use of solar energy systems void.
Section 105.885 - Definitions for ORS 105.885 to 105.895.
Section 105.890 - Solar energy easement appurtenant; termination.
Section 105.895 - Requirements for easement creation by instrument; recordation.
Section 105.905 - Wind energy easement appurtenant; termination.
Section 105.910 - Requirements for easement creation by instrument; recordation.
Section 105.925 - Definitions for ORS 105.925 to 105.945.
Section 105.938 - Court order for retrieval or use of data by insurer.
Section 105.950 - Statutory rule against perpetuities.
Section 105.955 - When nonvested property interest or power of appointment created.
Section 105.960 - Reformation.
Section 105.965 - Exclusions from statutory rule against perpetuities.
Section 105.970 - Prospective application.
Section 105.975 - Short title; application and construction; supersession and repeal of common law.