Oregon Revised Statutes Chapter 93 § 93.285 — Procedure for enforcement of contractual requirement for delivery of deed of

Procedure for enforcement of contractual requirement for delivery of deed of conveyance. (1) As used in this section and ORS 93.286, “contract for transfer or conveyance of an interest in real property,” “purchaser” and “seller” have the meanings given those terms in ORS 93.905. (2) If a seller has received full payment and performance of a contract for transfer or conveyance of an interest in real property, but fails or refuses to provide the purchaser with a proper deed of conveyance, the contract is deemed complete and the title held by the seller is conveyed to the purchaser, provided the purchaser: (a) Has not instituted a suit or action to enforce the contract; (b) Has fulfilled all requirements of the purchaser under the contract; and (c) Has given the seller written notice of the purchaser’s wish to enforce a contractual requirement for delivery of a deed of conveyance, as required by this section. (3) A purchaser who wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller shall: (a) Record a notice of intent to enforce the contractual requirement for delivery of a deed of conveyance in each county where the property is located; and (b) After recording the notice required by paragraph (a) of this subsection, give written notice by service pursuant to ORCP 7 D(2) and 7 D(3), or by both first class and certified mail with return receipt requested, to the last-known address of the following persons or their legal representatives: (A) The seller. (B) An occupant of the property. (C) Any person holding title or other interest through the seller that was recorded prior to the recording of the notice required by paragraph (a) of this subsection. (4) The notice required by subsection (3)(b) of this section must specify: (a) The name of the seller, as shown of record; (b) A reference to the instrument creating the original contract of sale, and any assignments of the contract, including where it is recorded; (c) The date of final payment or other final performance of the contract, whichever is applicable; (d) That the purchaser wishes to enforce a contractual requirement for delivery of a deed of conveyance from the seller; (e) The date by which the seller or the seller’s successors in interest or assignees must submit an objection to the purchaser, which must be within 60 days after the final date of publication of the notice required by subsection (7)(a) of this section or within 120 days after the date of recording of the notice required by subsection (3)(b) of this section, whichever is later, or the seller’s interest in the property may be conveyed to the purchaser; (f) A description of the property; and (g) The name and address of the person to whom the seller must object to the demand contained in the notice. (5)(a) A seller may submit an objection to the enforcement of a contractual requirement for delivery of a deed of conveyance to a purchaser that gives notice to the seller under subsection (3)(b) or (7)(a) of this section, provided the seller serves or mails the objection to the purchaser within the deadline described in subsection (4)(e) of this section. (b) A purchaser that receives an objection from a seller under this subsection may initiate a suit or action to challenge the objection and to enforce the contract. (c) Upon initiation of a suit or action under this subsection, no title or interest to the property may be transferred until the earlier of the date the seller delivers a fulfillment deed of conveyance or the date of entry of final judgment in the suit or action. (d) The prevailing party in a suit or action initiated under this subsection is entitled to recover actual damages or $5,000, whichever is greater, together with costs and reasonable attorney fees incurred at trial and on appeal. (6) The purchaser shall cause to be recorded in the real property records of each county in which the property is located an affidavit of service or mailing of the notice, including: (a) The date the notice was served or mailed; (b) The name and address of each person to whom the notice was given; and (c) If the seller does not acknowledge the notice, a detailed description of the efforts made, along with the date each effort is made, to determine with due diligence the address of the seller or the seller’s assignees or successors in interest. (7) If, after notice is given and recorded as required under subsections (3) to (6) of this section, a seller does not provide the purchaser with the deed of conveyance within 30 days of service or mailing, the purchaser may acquire the seller’s interest in the property by: (a) Publishing a notice that meets the requirements described in subsection (8) of this section, at least one time per week for three consecutive weeks in a newspaper of general circulation in each county in which the property is located, that the purchaser wishes to enforce a con