205.130
Recording duties of county clerk.
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 of
previously recorded certificates or of any interest in real property, when
properly acknowledged or proved;
(c) Certified
copies of death records of any person appearing in the county records as owning
or having a claim or interest in land in the county. A certified copy of a
death record 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
432.350;
(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. [Amended by 1983 c.696 §8a;
1983 c.709 §43; 1983 c.763 §63; 1985 c.471 §16; 1987 c.215 §22; 1987 c.586 §31;
1989 c.171 §28; 1989 c.179 §1; 1989 c.618 §11; 1989 c.706 §§1,2; 1989 c.738 §15;
1989 c.764 §4; 1989 c.795 §3; 1989 c.841 §10; 1989 c.1035 §4; 1991 c.230 §12;
1993 c.321 §2; 1999 c.654 §14a; 1999 c.710 §9; 2001 c.713 §2; 2007 c.30 §12;
2013 c.366 §71; 2015 c.168 §5; 2021 c.592 §42]
Notes of Decisions
Brandrup v. Recontrust Co., N.A., 303 P.3d 301 (Or. 2013).
· cites it 2× “630 (requiring index to the record of “deeds, mortgages, and all other real property interests”); ORS 205.130 (county clerk shall have custody of records of deeds and mortgages of real property and record of all maps, plats, contracts, etc.”
Coos Cnty. v. State, 734 P.2d 1348 (Or. 1987).
“ORS 205.130(2)(a). Establishing the probable validity of documents presented for recordation and ascertaining their effect upon the county’s claims to real property are not duties within the scope of the clerk’s responsibility or authority.”
Niday v. GMAC Mortg., LLC, 284 P.3d 1157 (Or. Ct. App. 2012).
“”); ORS 205.130(2)(a) (county clerk shall record all “[d]eeds 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…”
Pac. W. Co. v. Lincoln Cnty., 998 P.2d 798 (Or. Ct. App. 2000).
· cites it 3× “8 Moreover, ORS 205.130 expressly defines the “[r]ecording duties of county clerk[s]” who are charged with the statutory responsibility of recording and indexing documents.”
Weyerhaeuser Real Est. Dev. Co. v. Polk Cnty., 267 P.3d 855 (Or. Ct. App. 2011).
“040 (1981); see also ORS 205.130(1) (1981) (providing that county clerk shall have custody of and safely keep and preserve “all maps, plats, contracts and powers of attorney affecting the title to real property’); ORS 209.”
Bell Hardware of Medford, Inc. v. Ed Szoyka Woodworking Co., 879 P.2d 208 (Or. Ct. App. 1994).
“600, 2 provides: “To give constructive notice of an interest in real property, a person must have documentation of the interest recorded in the indices maintained under ORS 205.130 in the county where the property is located.”
Lincoln Commons, LLC v. Marion Cnty. Assessor (Or. T.C. 2021).
· cites it 3× “3 The tax collector must serve the warrant and then have the warrant “recorded by the county clerk in the County Clerk Lien Record maintained under ORS 205.130.” ORS 311.625(1). Once the warrant has been recorded, it “shall become a lien upon the title to any interest in real…”
Hefflinger v. Dept. of Rev. (Or. T.C. 2025).
“The warrant may be recorded in the County Clerk Lien Record maintained under ORS 205.130. “(b) A warrant may not be issued under this subsection unless the debt is in a liquidated amount.”
Hostmann v. Wilbur-Ellis Co. (In re John W. Stoller, Inc.), 178 B.R. 260 (D. Or. 1995).
“643(1) provides, in part: “To give constructive notice of an interest in real property, a person must have documentation of the interest recorded in the indices maintained under ORS 205.130 in the county where the property is located.”
— Or. Rev. Stat. § 205.130(1) — 1 case
Weyerhaeuser Real Est. Dev. Co. v. Polk Cnty., 267 P.3d 855 (Or. Ct. App. 2011).
“040 (1981); see also ORS 205.130(1) (1981) (providing that county clerk shall have custody of and safely keep and preserve “all maps, plats, contracts and powers of attorney affecting the title to real property’); ORS 209.”
— Or. Rev. Stat. § 205.130(2)(a) — 2 cases
Coos Cnty. v. State, 734 P.2d 1348 (Or. 1987).
“ORS 205.130(2)(a). Establishing the probable validity of documents presented for recordation and ascertaining their effect upon the county’s claims to real property are not duties within the scope of the clerk’s responsibility or authority.”
Niday v. GMAC Mortg., LLC, 284 P.3d 1157 (Or. Ct. App. 2012).
“”); ORS 205.130(2)(a) (county clerk shall record all “[d]eeds 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…”
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