Oregon Statutes 131A.155 – Recorded forfeiture notice
(1) If a forfeiting agency intends to seek forfeiture of real property, the forfeiting agency may record a forfeiture notice in the form prescribed in this section in the County Clerk Lien Record. The notice must contain the legal description of the real property, any street address for the property, and the name and address of the forfeiture counsel. From the time of recording the notice, the recording is notice to purchasers and other transferees of the rights and equities in the premises of the forfeiting agency.
Terms Used In Oregon Statutes 131A.155
- Forfeiting agency: means a public body that is seeking forfeiture of property under this chapter. See Oregon Statutes 131A.005
- Forfeiture counsel: means an attorney designated by a forfeiting agency to represent the forfeiting agency in forfeiture proceedings. See Oregon Statutes 131A.005
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. See Oregon Statutes 131A.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) A forfeiture notice must be in substantially the following form:
______________________________________________________________________________
Pursuant to ORS § 131A.155, the undersigned states:
That _________ (forfeiting agency) intends to initiate a forfeiture action against the following described real property:
1. The description of the real property to be affected is:
__________________
__________________
__________________
__________________
__________________
2. The common address, if any, is:
__________________
__________________
__________________
Dated this _____ day of ______, _____.
This forfeiture notice expires on _____ day of _________, _____, absent future filings.
Name of agency seeking forfeiture
__________________
Name of attorney
__________________
Address
__________________
__________________
__________________
Telephone number
__________________
The foregoing instrument was acknowledged before me this _____ day of _________, _____.
______________________________________________________________________________
(3) A forfeiture notice recorded under this section expires 30 days after the date of filing unless another forfeiture notice is recorded within the 30-day period. If another forfeiture notice is recorded within the 30-day period, the notice remains in effect for 30 days after the notice is recorded. The forfeiting agency may continue to record forfeiture notices in like manner until final disposition of the real property. [2009 c.78 § 19]