69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
HA to HB 2318
LC 1636/HB 2318-3
HOUSE AMENDMENTS TO
HOUSE BILL 2318
By COMMITTEE ON JUDICIARY
March 6
On page 1 of the printed bill, line 2, before the period insert
'; and declaring an emergency'.
After line 14, insert:
' (2) 'Encumbrance claimant' means a person who purportedly
benefits from the filing of an encumbrance.'.
In line 15, delete '(2)' and insert '(3)'.
In line 17, delete '(3)' and insert '(4)'.
In line 18, delete '(4)' and insert '(5)'.
After line 19, insert:
' (6) 'Property' includes, but is not limited to, real and
personal property.'.
In line 20, delete '(5)' and insert '(7)'.
Delete lines 22 and 23 and insert:
' (a) A branch of government of this state or a state agency,
board, commission or department of a branch of government of this
state;'.
In line 25, delete the second 'or'.
Delete line 26 and insert:
' (d) A city, county or other political subdivision in this
state; or
' (e) A public corporation in this state.'.
In line 27, delete '(6)' and insert '(8)'.
On page 2, line 3, after 'person' insert 'or county'.
In line 4, after 'person' insert 'or county' and after '
against' insert 'the property of'.
After line 7, insert:
' (3) A claim of encumbrance against the property of a federal
official or employee or a state or local official or employee
based on the performance or nonperformance of the official duties
of the official or employee that is not accompanied by an order
from a court of competent jurisdiction is an invalid claim of
encumbrance and has no legal effect.'.
In line 8, delete '(3)' and insert '(4)' and after ' against'
insert 'the property of' in both places.
In line 13, after 'state' insert 'official, employee or agent,
or the state'.
After line 17, insert:
' (5) A notice of invalid encumbrance shall be in substantially
the following form:
' _______________________________________________________________
'
NOTICE OF INVALID ENCUMBRANCE
FILED AGAINST ______
(Insert name)
(Section 2 of this Act)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
is a ______
(Name) (Title)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
NOTICE is hereby given that the document entitled ______,
purporting to create an obligation against or an interest in the
real or personal property of the person named above, filed and/or
signed by ______ (insert name), and filed or recorded in
book/reel/volume No. ___ on page ___ or
document/fee/file/instrument/microfilm No. ___ in the
______ (insert name of office where document was filed or
recorded), is an invalid claim of encumbrance under sections 1
and 2 of this Act.
No order from a court of competent jurisdiction authorizing the
filing of such encumbrance accompanied the filing and, pursuant
to section 2 of this Act, the encumbrance has no legal effect and
is invalid.
A copy of this Notice of Invalid Encumbrance has been mailed
this day by depositing a true copy of the notice in the United
States mail, addressed to ______ (name and address of encumbrance
claimant), the last-known address of ______ (insert name of
encumbrance claimant).
DATED this __ day of ______, __.
_______________
Attorney for ______
SUBSCRIBED AND SWORN to before me this __ day of ______, __ .
_______________ .
NOTARY PUBLIC FOR OREGON
My commission expires: ____
' ____________________________________________________________ '.
In line 18, delete '(4)' and insert '(6)' and before ' notice'
delete 'a' and insert 'the'.
In line 19, delete 'person who filed the claim of' and insert
'encumbrance claimant at the encumbrance claimant's'.
In line 20, delete 'encumbrance at the person's last known '
and insert 'last-known'.
In line 21, delete '(5)' and insert '(7)' and delete ' officer'
and insert 'person'.
In line 23, delete '(6)' and insert '(8)'.
In line 34, delete '(3)' and insert '(4)'.
After line 37, insert:
' (3) The petition and affidavit described in subsection (2) of
this section shall be in substantially the following form:
' _______________________________________________________________
'
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
, )
Petitioner, Case No. ___
)
PETITION FOR AN
ORDER STRIKING
v. AND RELEASING
ENCUMBRANCES,
AWARDING COSTS
AND ATTORNEY FEES
______
, AND ORDER TO
Respondent. ) SHOW CAUSE
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Petitioner, ______ (insert name), by and through ______ (insert
name and title of attorney for petitioner, if applicable),
petitions this court, pursuant to section 3 of this Act, for an
order striking and releasing purported encumbrances, filed or
recorded against Petitioner by Respondent, ______ (insert name or
names) filed or recorded in book/reel/volume No. ___ on page ___
or document/fee/file/instrument/microfilm No. ___ in the ______
(insert name of office where document was filed or recorded), and
for an order, pursuant to section 3 of this Act, for costs and
attorney fees required to bring this action, on the grounds that
the purported encumbrances have no basis in law or fact.
Petitioner further requests that this court enter an order
requiring Respondent to appear before this court and to show
cause why the above order should not be entered. Finally,
Petitioner requests an order from the court requiring Respondent
to pay penalties and damages as provided in section 5 of this
Act.
DATED this __ day of ______, __.
_______________
Petitioner or Petitioner's Attorney
' _______________________________________________________________
' _______________________________________________________________
'
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
, )
Petitioner, Case No. ___
)
AFFIDAVIT OF
v. )_______
_
)
)
______
, )
Respondent. )
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
________
)
STATE OF OREGON )
) ss.
County of ______
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ______ (insert name of affiant), after being duly sworn,
depose and say:
1. I am the above-entitled petitioner (or the attorney for the
petitioner) in this matter.
2. The information contained in this affidavit is of my own
personal knowledge.
3. Attached as numbered exhibits are true and correct copies of
the following documents that were filed or recorded in
the ________ (insert name of office where documents were filed or
recorded) on ________ (insert date):
(List and attach document(s))
4. For any purported encumbrances identified above the
following is true. The encumbrance is not authorized by statute,
was not entered into consensually, and is not an equitable,
constructive or other encumbrance imposed by a court of competent
jurisdiction.
DATED this __ day of ______, __.
_______________
(Petitioner or Petitioner's Attorney)
SUBSCRIBED AND SWORN to before me this __ day of ______, __ .
_______________ .
NOTARY PUBLIC FOR OREGON
My commission expires: ____
' ____________________________________________________________ '.
In line 38, delete '(3)' and insert '(4)'.
In line 42, after 'By' delete the rest of the line and insert
'mailing a true copy of the petition, affidavit and order to the
encumbrance claimant at the encumbrance claimant's last-known
address, both by first class mail and by certified or registered
mail, return receipt requested. A notice mailed under this
paragraph is effective on the date that the notice is deposited
with the United States Postal Service, properly addressed and
postage prepaid.'.
Delete lines 43 through 45.
On page 3, delete lines 1 through 3.
In line 4, after 'order' insert 'to show cause shall be in
substantially the following form and'.
In line 6, after 'costs' insert 'and reasonable attorney fees'
and after 'petitioner' delete the rest of the line and insert 'at
trial and on appeal:'.
Delete line 7 and insert:
' _______________________________________________________________
'
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
, )
Petitioner, Case No. ___
)
ORDER TO
v. SHOW CAUSE
)
)
______
, )
Respondent. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THIS MATTER came before the court on ______ (insert date) on
Petitioner's Petition for an Order Striking and Releasing
Encumbrances, Awarding Costs and Attorney Fees and Order to Show
Cause. The court, having considered the petition, the Affidavit
of ______ (insert name) and the attached exhibits, and it
appearing to the court that there are sufficient grounds to issue
an order to show cause,
IT IS HEREBY ORDERED that the Respondent, ______ (insert name),
appear before this court on ______ (insert date), at ____ (insert
time), to show cause why the petition should not be granted in
its entirety.
IMPORTANT NOTICE:
IF YOU FAIL TO APPEAR AT THE ABOVE TIME AND PLACE, THE COURT
MAY ENTER AN ORDER STRIKING AND RELEASING YOUR ENCUMBRANCE CLAIMS
FILED AGAINST PETITIONER AND YOU MAY BE ORDERED TO PAY COSTS AND
REASONABLE ATTORNEY FEES INCURRED BY THE PETITIONER.
DATED this __ day of ______, __.
_______________
Circuit Court Judge
' ____________________________________________________________ '.
In line 8, delete 'after a hearing under this section'.
In line 10, delete 'awarding' and insert 'may award' and after
'fees' insert 'at trial and on appeal'.
In line 13, after 'fees' insert 'at trial and on appeal'.
In line 30, after 'An' insert 'officer,'.
In line 31, after 'An' insert 'officer,'.
In line 33, after 'against' insert 'the property of' and after
the second 'or' insert 'against the property of'.
In line 37, after 'files' insert ', or directs another to
file,'.
In line 40, after 'with' insert 'costs and' and after ' fees'
insert 'at trial and on appeal'.
In line 43, after 'and' insert 'costs and reasonable' and after
'fees' insert 'at trial and on appeal'.
After line 43, insert:
' { + SECTION 6. + } { + This Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Act takes effect on its
passage. + } ' .
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