As used in ORS § 205.450 to 205.470:

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Terms Used In Oregon Statutes 205.450

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means an individual, organization, corporation, government, governmental subdivision or agency, business trust, partnership or association, two or more persons having a joint or common interest or any other legal or commercial entity. See Oregon Statutes 205.010
  • Personal property: All property that is not real property.
  • Statute: A law passed by a legislature.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

(1) ‘Encumbrance’ means a claim, lien, charge or liability attached to and binding property.

(2) ‘Encumbrance claimant’ means a person who purportedly benefits from the filing of an encumbrance.

(3) ‘Federal official or employee’ has the meaning given the term ’employee of the government’ in the Federal Tort Claims Act (28 U.S.C. § 2671).

(4) ‘Filing’ includes filing or recording.

(5) ‘Invalid claim of encumbrance’ means a claim of encumbrance that is not a valid claim of encumbrance.

(6) ‘Property’ includes, but is not limited to, real and personal property.

(7) ‘State or local official or employee’ means an appointed or elected official, employee or agent of:

(a) A branch of government of this state or a state agency, board, commission or department of a branch of government of this state;

(b) A public university listed in ORS § 352.002;

(c) A community college or local school district in this state;

(d) A city, county or other political subdivision in this state; or

(e) A public corporation in this state.

(8) ‘Valid claim of encumbrance’ is an encumbrance that:

(a) Is an encumbrance authorized by statute;

(b) Is a consensual encumbrance recognized under the laws of this state; or

(c) Is an equitable, constructive or other encumbrance imposed by a court of competent jurisdiction. [1997 c.290 § 1; 2005 c.22 § 156; 2011 c.637 § 70]