Oregon Revised Statutes Chapter 205 § 205.455 — Acceptance of filing of invalid claim of encumbrance prohibited; notice of
Oregon Revised Statutes Chapter 205 ·
Oregon Code § 205.455·Enacted ·Last updated March 01, 2026
Statute Text
Acceptance of filing of invalid claim of encumbrance prohibited; notice of
invalid encumbrance; form; posting notice; effect of filing of notice of
invalid encumbrance.
(1) No person or county shall accept for filing an invalid claim of
encumbrance.
(2) No person or
county shall accept for filing a claim of encumbrance against the property of a
federal official or employee or a state or local official or employee based on
the performance or nonperformance of the official duties of the official or employee
unless accompanied by an order from a court of competent jurisdiction
authorizing the filing of the encumbrance.
(3) A claim of
encumbrance against the property of a federal official or employee or a state
or local official or employee based on the performance or nonperformance of the
official duties of the official or employee that is not accompanied by an order
from a court of competent jurisdiction is an invalid claim of encumbrance and
has no legal effect.
(4) If an invalid
claim of encumbrance against the property of a federal official or employee or
against the property of a state or local official or employee is accepted for
filing, the filing officer shall accept for filing a notice of invalid encumbrance
signed and submitted by:
(a) The assistant
United States attorney representing the federal agency of which the individual
is an official or employee;
(b) The assistant
attorney general representing the state official, employee or agent, or the
state agency, board, commission, department or public university listed in ORS
352.002 of which the individual is an official, employee or agent; or
(c) The attorney
representing the community college or local school district, political
subdivision or public corporation of which the individual is an official,
employee or agent.
(5) A notice of
invalid encumbrance shall be in substantially the following form:
______________________________________________________________________________
NOTICE OF INVALID
ENCUMBRANCE
FILED AGAINST
_________ (Insert name)
(ORS 205.455)
_________ IS A _________
(Name) (Title)
NOTICE is hereby
given that the document entitled _________, purporting to create an obligation
against or an interest in the real or personal property of the person named
above, filed and/or signed by _________ (insert name), and filed or recorded in
book/reel/volume No. _____ on page _____ or document/fee/file/
instrument/microfilm No. _____ in the _________ (insert name of office where
document was filed or recorded), is an invalid claim of encumbrance under ORS
Plain English Explanation
This Oregon statute addresses Acceptance of filing of invalid claim of encumbrance prohibited; notice of
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 205.455
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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