(2) Except as provided in subsection (3) of this section, a conveyance or encumbrance that is not recorded in the manner provided by law before the filing of a notice of pendency that affects all or part of the same real property is void as to the person recording the notice of pendency for all rights and equities in the real property that are adjudicated in the suit. The provisions of this subsection apply only to a conveyance or encumbrance that under the provisions of ORS 93.640 would be void as against a subsequent purchaser whose interest in the property is of record at the time the notice of pendency is recorded and who purchased the property in good faith and for valuable consideration.
(3) A conveyance or encumbrance is not void under subsection (2) of this section if:
(a) The person who records a notice of pendency under this section has notice of the conveyance or encumbrance at the time the notice of pendency is recorded or otherwise does not act in good faith in recording the notice of pendency; or
(b) Pursuant to ORCP 33, the court allows a person claiming an interest in real property under the conveyance or encumbrance to intervene in the suit for the purpose of seeking adjudication of the person’s interest or priority in the property.
(4) Unless otherwise prescribed by law, a party recording a notice of pendency shall use substantially the following form:
______________________________________________________________________________
NOTICE OF PENDENCY
OF AN ACTION
Pursuant to ORS 93.740, the undersigned states:
1. As plaintiff(s), ____________, has filed an action in the ______ Court for ______ County, State of Oregon;
2. The defendant(s) is/are: ________
______________________
______________________;
3. The object of the action is: _____
______________________
______________________;
4. The description of the real property to be affected is: ____________
______________________
______________________
Dated this _____ day of _________, ___.
__________________
Plaintiff or
Plaintiff’s attorney
Name: _________________
Address: _______________
_____________________
_____________________
Phone No.: ________
STATE OF OREGON )
) ss.
County of _____ )
The foregoing instrument was acknowledged before me this ___ day of ______, 2___ by ____________.
__________________
Notary Public for Oregon
My commission expires: _________
STATE OF OREGON )
) ss.
County of _____ )
The foregoing instrument was acknowledged before me this ___ day of ______, 2___ by ____________ of ____________, a corporation, on behalf of the corporation.
__________________
Notary Public for Oregon
My commission expires: _________
______________________________________________________________________________ [Amended by 1987 c.586 §24; 1997 c.598 §1]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 093 - Conveyancing and Recording
Section 93.020 - Creating, transferring or declaring estates or interests in realty.
Section 93.180 - Forms of tenancy in conveyance or devise to two or more persons.
Section 93.190 - Trustees or personal representatives as joint tenants; filling vacancies in office.
Section 93.220 - Release, limitation or restriction of power of appointment.
Section 93.230 - Copy of Department of State Lands deed or patent given when original lost.
Section 93.260 - Tax statement information required in conveyancing instrument.
Section 93.265 - Notice to real property manager of certain actions; procedures; effect on title.
Section 93.270 - Certain restrictions in instruments prohibited; restriction on right of action.
Section 93.272 - Procedure for removal of certain restrictions.
Section 93.274 - Procedure for removal of discriminatory restrictions.
Section 93.275 - Incidents not material facts to real property transaction; legislative findings.
Section 93.277 - Restrictions on development of certain housing prohibited.
Section 93.280 - Manner of conveyance to create joint property rights.
Section 93.290 - Risk of loss after contract to sell realty has been executed.
Section 93.310 - Rules for construing description of real property.
Section 93.312 - Oregon Coordinate System.
Section 93.610 - Separate books for recording deeds and mortgages; consolidated index.
Section 93.635 - Acknowledgment and recording of instruments contracting to convey fee title.
Section 93.680 - Patents, judgments and official grants; recordability; evidence.
Section 93.740 - Notice of lis pendens; contents; recordation; effect; discharge.
Section 93.779 - Definitions for ORS 93.779 to 93.802.
Section 93.802 - Recordation of short form instrument.
Section 93.806 - Recordation of instrument creating certain liens.
Section 93.810 - Validating and curative Acts.
Section 93.850 - Warranty deed form; effect.
Section 93.855 - Special warranty deed form; effect.
Section 93.860 - Bargain and sale deed form; effect.
Section 93.865 - Quitclaim deed form; effect.
Section 93.905 - Definitions for ORS 93.905 to 93.940.
Section 93.913 - Forfeiture allowed for default under certain collateral assignments of interest.
Section 93.915 - Notice of default; contents; recordation; time of forfeiture; interim measures.
Section 93.930 - Recording affidavit after forfeiture; affidavit as evidence.
Section 93.935 - Effect of purchaser’s abandonment or reconveyance on interest, lien or claim.
Section 93.945 - Application of ORS 93.910 to 93.940.
Section 93.948 - URPTDA 1. Short title.
Section 93.949 - URPTDA 2. Definitions.
Section 93.950 - URPTDA 3. Applicability.
Section 93.951 - URPTDA 4. Nonexclusivity.
Section 93.953 - URPTDA 5. Authority for transfer on death deed.
Section 93.955 - URPTDA 6. Revocability of transfer on death deed.
Section 93.957 - URPTDA 7. Nontestamentary nature of transfer on death deed.
Section 93.959 - URPTDA 8. Capacity of transferor; fraud, duress or undue influence.
Section 93.961 - URPTDA 9. Requirements.
Section 93.963 - URPTDA 10. Notice; delivery; acceptance; consideration.
Section 93.965 - URPTDA 11. Revocation by instrument; revocation by act.
Section 93.967 - URPTDA 12. Effect of transfer on death deed during transferor’s life.
Section 93.969 - URPTDA 13. Effect of transfer on death deed at transferor’s death.
Section 93.971 - URPTDA 14. Disclaimer.
Section 93.973 - URPTDA 15. Liability for creditor claims and statutory allowances.
Section 93.975 - URPTDA 16. Form of transfer on death deed.
Section 93.977 - URPTDA 17. Form of instrument revoking transfer on death deed.
Section 93.979 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 93.981 - Effect of divorce or annulment on transfer on death deed.
Section 93.983 - Transfer to parent who deserted or neglected transferor.
Section 93.985 - Forfeiture of transfer by parent who deserted or neglected transferor.