223.575 Legal
and evidentiary effect of deed.
The effect of the deed shall be to convey to the grantee therein named the
legal and equitable title in fee simple, to the real property described in the
deed, excepting only the lien of a local government on such assessments or
liens as were not included in the foreclosure proceedings. The deed shall be
prima facie evidence of title in the grantee, except as stated in this section,
and that all proceedings and acts necessary to make such deed in all respects
good and valid have been had and done. Such prima facie evidence shall not be
disputed, overcome or rebutted, or the effect thereof avoided, except by
satisfactory proof of either:
(1) Fraud in
making the final assessment or in the final assessment, or in the procuring of
the lien.
(2) Payment of
the final assessment or lien before sale or redemption after sale.
(3) That payment
or redemption was prevented by fraud of the purchaser.
(4) That the
property was sold for a lien or final assessment for which neither the property
nor its owner, at the time of sale, was liable, and that no part of the final
assessment or lien was assessed or levied upon the property sold. [Amended by
1991 c.902 §67; 2003 c.802 §43]
Notes of Decisions
State Constr. Corp. v. Scoggins, 485 P.2d 391 (Or. 1971).
· cites it 15× “ORS 223.575 provides: "The effect of the deed shall be to convey to the grantee therein named the legal and equitable title in fee simple, to the real property described in the deed, excepting only the lien of the city on such assessments or liens as were not included in the…”
Scoggin v. Schrunk, 344 F. Supp. 463 (D. Or. 1971).
· cites it 2× “” The majority opinion recognized that the City had failed to give notice by registered mail as required by the statute, but held that adequacy of notice was not in issue under the statute, because ORS 223.575 “provides in essence that the deed is prima facie evidence that all…”
State v. Myers, 835 P.2d 137 (Or. Ct. App. 1992).
· cites it 5× “ORS 223.575. The court denied that motion, agreeing with plaintiff that any lien not included in City’s foreclosure proceeding had not been extinguished.”
— Or. Rev. Stat. § 223.575(3) — 2 cases
State Constr. Corp. v. Scoggins, 485 P.2d 391 (Or. 1971).
“ORS 223.575 provides: "The effect of the deed shall be to convey to the grantee therein named the legal and equitable title in fee simple, to the real property described in the deed, excepting only the lien of the city on such assessments or liens as were not included in the…”
Scoggin v. Schrunk, 344 F. Supp. 463 (D. Or. 1971).
“” The majority opinion recognized that the City had failed to give notice by registered mail as required by the statute, but held that adequacy of notice was not in issue under the statute, because ORS 223.575 “provides in essence that the deed is prima facie evidence that all…”
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treatment. Dots show Syfertize treatment of the citing case itself.