71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3677
 
                           A-Engrossed
 
                         House Bill 3673
                   Ordered by the House May 23
             Including House Amendments dated May 23
 
Sponsored by Representative WILLIAMS; Representative NELSON (at
  the request of Oregon Association of County Clerks)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Clarifies that county clerk must record and maintain certain
documents   { - as required or permitted - }   { + presented for
recording by specified government entities or recognized + } by
state or federal statute, rule or regulation { +  as affecting
title to or an interest in real property + }.
 
                        A BILL FOR AN ACT
Relating to county clerks; amending ORS 205.010 and 205.130.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 205.010 is amended to read:
  205.010. (1) 'Person' means an individual, organization,
corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or
more persons having a joint or common interest or any other legal
or commercial entity.
  (2) 'Recorded,' 'recording' and 'record' when used in reference
to chattel mortgages in the statutes of this state mean '
recorded or filed,' 'recording or filing' or 'record or file,' as
the context may require.
  (3) '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.
  (4) 'Transaction' means any action required or permitted by
  { - law - }   { + state law or rule or federal law or
regulation  + }to be recorded including, but not limited to, any
transfer, encumbrance or release affecting title to or an
interest in real property.
  SECTION 2. ORS 205.130 is amended to read:
  205.130. 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 thereof or of any interest therein
when properly acknowledged or proved;   { - and - }
  (c) Certified copies of death certificates of any person
appearing in the county records as owning or having a claim or
interest in land in the county. A death certificate 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
432.121 { + ;
  (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.
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