(1) "Encumbrance" means a claim, lien, charge or liability attached to and binding property.
(2) "Encumbrance claimant" means a person who purportedly benefits from the filing of an encumbrance.
(3) "Federal official or employee" has the meaning given the term "employee of the government" in the Federal Tort Claims Act (28 U.S.C. 2671).
(4) "Filing" includes filing or recording.
(5) "Invalid claim of encumbrance" means a claim of encumbrance that is not a valid claim of encumbrance.
(6) "Property" includes, but is not limited to, real and personal property.
(7) "State or local official or employee" means an appointed or elected official, employee or agent of:
(a) A branch of government of this state or a state agency, board, commission or department of a branch of government of this state;
(b) A public university listed in ORS 352.002;
(c) A community college or local school district in this state;
(d) A city, county or other political subdivision in this state; or
(e) A public corporation in this state.
(8) "Valid claim of encumbrance" is an encumbrance that:
(a) Is an encumbrance authorized by statute;
(b) Is a consensual encumbrance recognized under the laws of this state; or
(c) Is an equitable, constructive or other encumbrance imposed by a court of competent jurisdiction. [1997 c.290 §1; 2005 c.22 §156; 2011 c.637 §70]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Section 205.010 - Definitions.
Section 205.110 - General powers and duties of county clerk.
Section 205.125 - County Clerk Lien Record; contents; effect.
Section 205.130 - Recording duties of county clerk.
Section 205.160 - Indexes kept by county clerk; use of alternative recording method allowed.
Section 205.180 - Entry in appropriate record of instruments received for recording.
Section 205.234 - Requirements for first page of instruments to be recorded; cover sheet.
Section 205.242 - Clerk to receive and certify instruments during specified hours; exceptions.
Section 205.244 - Rerecording of corrected instruments.
Section 205.246 - Instruments to be recorded; fees.
Section 205.320 - Fees collected by county clerk; use of portion of certain fees.
Section 205.323 - Additional fees for recording certain instruments; use of fees.
Section 205.450 - Definitions for ORS 205.450 to 205.470.
Section 205.510 - County clerk not to act or have partner acting as attorney.