(1) In addition to and not in lieu of the fees charged and collected under ORS § 205.320 and other fees, the county clerk shall charge and collect the following fees for the recording or filing of any instrument described in ORS § 205.130:

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Terms Used In Oregon Statutes 205.323

  • Lien: A claim against real or personal property in satisfaction of a debt.

(a) A fee of $1, to be credited as provided in subsection (4)(a) of this section;

(b) A fee of $10, to be credited as provided in subsection (4)(b) of this section; and

(c) A fee of $60, to be credited as provided in subsection (4)(c) of this section.

(2) Subsection (1) of this section does not apply to the recording or filing of the following:

(a) Instruments that are otherwise exempt from recording or filing fees under any provision of law;

(b) Any satisfaction of judgment or certificate of satisfaction of judgment; or

(c) Internal county government instruments not otherwise charged a recording or filing fee.

(3) Subsection (1)(c) of this section does not apply to the recording or filing of:

(a) Instruments required under ORS § 517.210 to maintain mining claims;

(b) Warrants issued by the Employment Department pursuant to ORS § 657.396, 657.642 and 657.646; or

(c) A certified copy of a judgment, a lien record abstract as described in ORS § 18.170 or a satisfaction of a judgment, including a judgment noticed by recordation of a lien record abstract.

(4) Of the amounts charged and collected under this section:

(a) The recording or filing fee charged and collected under subsection (1)(a) of this section must be deposited and credited to the Oregon Land Information System Fund established under ORS § 306.132.

(b) The recording or filing fee charged and collected under subsection (1)(b) of this section shall be credited as follows:

(A) Five percent of the fee must be credited for the benefit of the county;

(B) Five percent of the fee must be credited for the benefit of the county clerk for the purposes described in ORS § 205.320 (2); and

(C) 90 percent of the fee must be credited to and deposited in the County Assessment and Taxation Fund created under ORS § 294.187.

(c) The recording or filing fee charged and collected under subsection (1)(c) of this section must be credited to and deposited in the County Assessment and Taxation Fund created under ORS § 294.187.

(5) The Department of Revenue and county tax collectors are exempt from paying the fee under subsection (1)(c) of this section. [1989 c.796 § 15; 1999 c.701 § 3; 1999 c.788 § 61; 1999 c.803 § 8; 2001 c.501 § 10; 2001 c.713 § 5; 2009 c.18 § 2; 2013 c.646 § 1; 2015 c.27 § 23; 2018 c.109 § 10]

 

[1965 c.301 § 1 (2); 1971 c.621 § 26; 1975 c.607 § 25; 1979 c.833 § 26; 1981 c.835 § 14; repealed by 1999 c.654 § 37]