75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3643
A-Engrossed
House Bill 2759
Ordered by the Senate June 2
Including Senate Amendments dated June 2
Sponsored by Representative ESQUIVEL
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.
Creates form for correction of errors { - in - }
{ + concerning status or effect of + } recorded trust deed.
{ + Requires recording officer of county to file specified
records in statutory lien record. + }
A BILL FOR AN ACT
Relating to recordation of instruments in county records;
creating new provisions; and amending ORS 87.517, 87.539 and
205.246.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 205.246, as amended by section 3, chapter 48,
Oregon Laws 2008, is amended to read:
205.246. (1) The county clerk shall record the following
instruments required or permitted by law to be recorded and
entered in the office of the county clerk:
(a) Financing statements recorded in the office of the county
clerk under ORS 79.0501 (1)(a);
(b) Hospital and physician liens recorded under ORS 87.565;
(c) Federal tax liens and certificates and notices affecting
federal tax liens recorded under ORS 87.806;
(d) Cooperative contracts recorded under ORS 62.360;
(e) Special district assessments attaching to real property;
(f) Lien foreclosure statements recorded under ORS 87.202;
(g) A certified copy of the judgment or a lien record abstract
or other liens affecting the title to real property;
(h) Building code exemptions required under ORS 455.320 and
455.345;
(i) Construction liens recorded under ORS 87.050;
(j) Liens upon chattels recorded under ORS 87.246;
(k) Liens on real property recorded under ORS 87.372;
(L) Employee benefit plan liens recorded under ORS 87.860;
(m) Attorney liens recorded under ORS 87.455 and 87.460;
(n) Long term care liens recorded under ORS 87.517;
(o) Ambulance services liens recorded under ORS 87.623;
(p) Community property records recorded under ORS 108.530;
(q) Sheriff transfer of records recorded under ORS 206.100;
(r) Corrected instruments required under ORS 205.244;
(s) Mineral and mining records required under ORS 517.030,
517.052, 517.160, 517.180, 517.210, 517.220, 517.280, 517.310 and
517.320;
(t) Copies of records certified by a county clerk or court
clerk;
(u) Subdivision and partition plats recorded under ORS 92.140;
(v) Condominiums recorded under ORS chapter 100;
(w) Requests for notice of transfer or encumbrance or
terminations of requests for notice of transfer or encumbrance
presented for recordation under ORS 411.694;
(x) Bankruptcy documents presented for recordation under ORS
93.770;
(y) A written warranty agreement under ORS 701.605;
{ + (z) An instrument, as described in section 3 of this 2009
Act, to correct errors in a recorded trust deed; + } and
{ - (z) - } { + (aa) + } An order or decision under section
8 (7), chapter 424, Oregon Laws 2007, that is final by operation
of law or on appeal.
(2) The county clerk shall charge and collect fees specified in
ORS 205.320, 205.327 and 205.350 for recording an instrument
required to be recorded under subsection (1) of this section.
(3) Indexes may be maintained for instruments recorded under
subsection (1) of this section in the same manner as provided in
ORS 205.160.
SECTION 2. { + Section 3 of this 2009 Act is added to and made
a part of ORS 86.705 to 86.795. + }
SECTION 3. { + (1) To correct an error concerning the status
or effect of a recorded trust deed, a person may present an
instrument to the county clerk for recording in the deed and
mortgage records of the county, and the county clerk shall record
the instrument if it otherwise meets the requirements for an
instrument to be recorded under ORS chapter 205 and is in
substantially the following form: + }
________________________________________________________________
{ +
CORRECTION OF ERROR(S) + }
{ +
IN THE DEED AND MORTGAGE RECORDS + }
{ +
RELATING TO A TRUST DEED + }
{ +
(ORS 86.705 to 86.795) + }
{ + This instrument is recorded to provide notice of an error
relating to: + }
{ + Original Deed of Trust
County clerk instrument record #:
Grantor (name):
Trustee (name):
Beneficiary (name):
Assignee(s), if any (name(s)): + }
{ + The error to be corrected is (check one): + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? { +
Erroneous reconveyance of trust deed
Date of recording:
County clerk instrument record #: + }
? ? { +
Erroneous recording of Trustee's Deed
Date of recording:
County clerk instrument record #: + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + The result of this error correction is (check one): + }
? ? { + The original trust deed is hereby reinstated; or + }
? ? { + The Trustee's Deed is hereby set aside as though the
erroneous instrument had not been recorded. + }
{ + Date __________________ + }
{ + Name (printed) ________________ + }
{ + Signature __________________________ + }
{ + (Beneficiary of original deed of trust) + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
STATE OF OREGON )
)ss.
County of ___
) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + The foregoing instrument was acknowledged before me
this __ day of _____, 2__, by _____. + }
________
{ + Notary Public for Oregon + }
{ + My commission expires: _____ + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
STATE OF OREGON )
)ss.
County of ___
) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + The foregoing instrument was acknowledged before me
this __ day of _____, 2__, by _____ and by _____ of _____, a
corporation on behalf of the corporation. + }
________
{ + Notary Public for Oregon + }
{ + My commission expires: _____ + }
________________________________________________________________
{ + (2) Reinstatement of a trust deed based on the correction
of an error under this section does not affect the rights of a
bona fide purchaser for value or of a bona fide purchaser for
value holding a security interest in the real property if the
purchaser acquired an interest after the erroneous trust deed
reconveyance or trustee's deed was recorded and before the error
was corrected. + }
SECTION 4. ORS 87.517 is amended to read:
87.517. The recording officer of the county shall record the
notices filed under ORS 87.507 in the { + statutory lien + }
record { - of deeds and mortgages - } .
SECTION 5. ORS 87.539 is amended to read:
87.539. (1) When a long term care facility receives payment
from an individual, an individual's estate, the State of Oregon
or any other source for the care claimed in a notice of lien
filed under ORS 87.507, the long term care facility shall file
with the recording officer of the county in which the notice of
lien was filed a certificate declaring that payment has been
received and that the lien is discharged.
(2) Within 20 days after being notified that the individual is
eligible for Medicaid, the long term care facility shall file
with the recording officer of the county in which the notice of
lien was filed a certificate releasing the claim of lien upon any
property protected under ORS 87.533.
(3) The recording officer of the county shall record the
certificate of discharge or release in the { - appropriate - }
{ + statutory + } lien { - docket - } { + record + }.
(4) If, after receiving payment for the care claimed in a
notice of lien filed under ORS 87.507, a long term care facility
fails to discharge the lien or release the claim of lien within
10 days, the long term care facility is liable to the individual
or to the spouse or the estate of the individual for $100 or the
amount of actual damages, whichever amount is greater.
(5) In all actions brought under this section, the court may
allow reasonable attorney fees at trial and on appeal to the
prevailing party.
SECTION 6. { + The amendments to ORS 87.517 and 87.539 by
sections 4 and 5 of this 2009 Act apply to liens under ORS 87.503
that the recording officer of a county records on or after the
effective date of this 2009 Act and to discharges or releases of
those liens. + }
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