ORS 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 (Vital records exempt from public disclosure);

(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]

Source: Section 205.130 — Recording duties of county clerk, https://www.­oregonlegislature.­gov/bills_laws/ors/ors205.­html.

205.010
Definitions
205.110
General powers and duties of county clerk
205.125
County Clerk Lien Record
205.126
Enforcement of order or warrant recorded in County Clerk Lien Record
205.127
Recording in County Clerk Lien Record for certain liens
205.130
Recording duties of county clerk
205.135
Illegible document presented for recording
205.140
Transcript or copy of record
205.150
Seal of clerk
205.160
Indexes kept by county clerk
205.180
Entry in appropriate record of instruments received for recording
205.190
Record of plats and maps of towns, villages, cemeteries
205.220
Recording copies of estate records
205.232
Conditions for instruments to be recorded
205.234
Requirements for first page of instruments to be recorded
205.236
Labeling of instrument to be recorded
205.238
Return of instrument after recordation
205.242
Clerk to receive and certify instruments during specified hours
205.244
Rerecording of corrected instruments
205.246
Instruments to be recorded
205.255
Filing requirement as recording requirement
205.320
Fees collected by county clerk
205.323
Additional fees for recording certain instruments
205.327
Penalty for presenting nonstandard instruments for recording
205.350
Fees for approving and recording plats
205.360
Clerk to receipt and account for certain probate fees collected
205.365
Disposition of County Clerk Lien Record fees
205.370
Payment to and disposition of trial fees by court clerk
205.395
Payment of fees by state agencies for entry in County Clerk Lien Record
205.450
Definitions for ORS 205.450 to 205.470
205.455
Acceptance of filing of invalid claim of encumbrance prohibited
205.460
Order to show cause why invalid claim of encumbrance should not be stricken
205.465
Claim of encumbrance against certain property invalid without judicial order
205.470
Liability for filing invalid claim of encumbrance
205.510
County clerk not to act or have partner acting as attorney
205.515
Orders or warrants issued by state agency or officer
205.525
Interest on penalties imposed by orders
205.990
Penalties
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