(1) As used in this section, ‘encumbrance’ means:

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Terms Used In Oregon Statutes 105.200

  • Contract: A legal written agreement that becomes binding when signed.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(a) A claim, lien, charge or other liability that is attached to and is binding upon real property in this state as security for payment of a monetary obligation; or

(b) A reservation of title to real property in this state under a land sale contract.

(2)(a) A person, or an agent of the person, that holds a lien that is an encumbrance upon real property may request from a person that holds another lien that is an encumbrance upon the real property an itemized statement of the amount that is necessary to pay off the other lien. The statement must include the per diem interest that accrues after the date of the statement if the obligation that the lien secures bears interest.

(b) The person that receives a request for a statement under paragraph (a) of this subsection may provide the statement without the permission of the obligor on the other lien unless federal or state law requires the obligor’s consent. [2019 c.140 § 2]

 

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