205.470
Liability for filing invalid claim of encumbrance. Any person who knowingly files, or
directs another to file, an invalid claim of encumbrance shall be liable to the
owner of the property bound by the claim of encumbrance for a sum of not less
than $5,000 or for actual damages caused by the filing of the claim of
encumbrance, whichever is greater, together with costs and reasonable attorney
fees at trial and on appeal. Any grantee or other person purportedly
benefited by an invalid encumbrance that is filed who willfully refuses to
release the invalid encumbrance upon request of the owner of the property
affected shall be liable to the owner for the damages and costs and reasonable
attorney fees at trial and on appeal provided in this section. [1997 c.290 §5]
MISCELLANEOUS
PROVISIONS
Notes of Decisions
Indian Ridge I, LLC v. Lenahan, 497 P.3d 806 (Or. Ct. App. 2021).
· cites it 4× “Petitioner also sought damages under ORS 205.470. The circuit court agreed with petitioner that respon- dent’s notice of lis pendens was invalid and ordered it stricken and released.”
Calaveras II, LLC v. Eastside Bend, LLC, 350 Or. App. 259 (Or. Ct. App. 2026).
· cites it 38× “Second, respondents argue that the trial court erred in awarding petitioners the $5,000 minimum in statutory damages under ORS 205.470 on a lot-by-lot basis. We conclude that the trial court properly struck and released the notices of lis pendens because they were invalid…”
MITCHELL, Chapter 7 Tr. for the Est. of Moll v. Hohnbaum (Bankr. D. Or. 2020).
· cites it 5× “55 (B) Do the documents constitute encumbrances under ORS 205.470? ReconTrust asserts,56 as do the Ngos,57 that that the claim is defective because none of the documents at issue is an encumbrance under ORS 205.”
Mitchell, Tr. v. Promwongsa (Bankr. D. Or. 2020).
· cites it 5× “55 (B) Do the documents constitute encumbrances under ORS 205.470? ReconTrust asserts,56 as do the Ngos,57 that that the claim is defective because none of the documents at issue is an encumbrance under ORS 205.”
Amborn, Tr. v. Peyton (Bankr. D. Or. 2020).
· cites it 5× “55 (B) Do the documents constitute encumbrances under ORS 205.470? ReconTrust asserts,56 as do the Ngos,57 that that the claim is defective because none of the documents at issue is an encumbrance under ORS 205.”
In re the Marriage of Baldwin, 306 P.3d 737 (Or. Ct. App. 2013).
· cites it 6× “ORS 205.470 provides: “Any person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property bound by the claim of encumbrance *358 for a sum of not less than $5,000 or for actual damages caused by the filing of…”
Amborn v. Dowell (Bankr. D. Or. 2020).
“In both adversary proceedings, Trustee asserts claims arising under Oregon common law (quiet title and trespass) and statutory law (invalid claim of encumbrance under ORS 205.470). She does not cite the Bankruptcy Code as authority for her claims.”
Amborn v. First Am. Title Ins. Co. (Bankr. D. Or. 2020).
“In both adversary proceedings, Trustee asserts claims arising under Oregon common law (quiet title and trespass) and statutory law (invalid claim of encumbrance under ORS 205.470). She does not cite the Bankruptcy Code as authority for her claims.”
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