justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 105 — Property Rights

ORS 105.365. Purchase by encumbrancer or party entitled to share. When a party entitled to a share of the property, or an encumbrancer entitled to have the lien of the encumbrancer paid out of the sale, becomes a purchaser, the referees may take a receipt for so much of the proceeds of the sale as belongs to the party or the encumbrancer.
ORS Chapter 105 — Property Rights

ORS 105.370. Investment of proceeds for certain parties. When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years, which are paid into court or otherwise deposited by order of the court, such proceeds shall be invested in securities on interest for the benefit of the persons entitled thereto.
ORS Chapter 105 — Property Rights

ORS 105.375. In whose name securities taken or investments made. Except as provided in ORS 105.380, security for the proceeds of sale shall be taken or investments of the proceeds shall be made in the name of the clerk of the court and the clerks successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.
ORS Chapter 105 — Property Rights

ORS 105.380. When securities are payable to parties. When security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing under their hands delivered to the referees, agree upon the shares and proportions to which they are entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of and payable to the parties entitled thereto, and shall be delivered to such parties upon their receipt therefor. Such agreement and receipt shall be returned and filed with the clerk.
ORS Chapter 105 — Property Rights

ORS 105.385. Clerks treatment of securities and investments. The clerk in whose name a security is taken or by whom an investment is made, and the clerks successors in office, shall receive the interest and principal as it becomes due and apply and invest it as the court may direct. The clerk shall file in the office of the clerk all securities taken, and keep an account in a book provided and kept for that purpose in the office, free for inspection by all persons, of investments and moneys received and disposed of by the clerk.
ORS Chapter 105 — Property Rights

ORS 105.390. When proceeds paid to conservator or guardian of infant. When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale to the guardian of the infant, the conservator of the estate of the infant or the special guardian appointed for the infant in the suit, upon the guardian or conservator giving the security required by law or ordered by the court. [Amended by 1973 c.823 100]
ORS Chapter 105 — Property Rights

ORS 105.395. Payment of proceeds to conservator of incapacitated person. When the interest in real property of an incapacitated person has been sold, the share of the incapacitated person of the proceeds shall be given, on the behalf of the incapacitated person, to the conservator of the estate of the incapacitated person if the conservator executes, with sufficient sureties, an undertaking approved by the judge of the court, that the conservator will faithfully discharge the trust reposed in the conservator and will render a true and just account to the person entitled to the proceeds or to the legal representative of the person. [Amended by 1973 c.823 101]
ORS Chapter 105 — Property Rights

ORS 105.400. When conservator or guardian may consent to partition. When an infant or an incapacitated person is interested in real estate held in common or in any other manner so as to authorize the infant or incapacitated person being made a party to an action for the partition thereof, the guardian of the infant or incapacitated person or the conservator of the estate of the infant or incapacitated person may consent to a partition without suit and agree upon the share to be set off to the infant or incapacitated person. When the court so orders, the guardian or conservator may execute a release on behalf of the infant or other incapacitated person to the owners of the other shares of the parts to which they are respectively entitled.
ORS Chapter 105 — Property Rights

ORS 105.405. Costs and expenses of partition. (1) The expenses of the referees, including those of a surveyor and assistants of the surveyor when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as part of the costs of partition. (2) The reasonable costs of partition, including reasonable attorney fees and disbursements, that are for services performed for the common benefit of all parties, shall be paid by the parties that will share in the lands divided in proportion to their respective interests therein, and shall be included and specified in the judgment. They shall be a lien on the several shares, and the judgment may be enforced by execution against the parties separately. When, however, a controversy arises between some of the parties only, the court may require the expense of such controversy to be paid by any of, or all, the parties thereto. [Amended by 1971 c.502 1; 2003 c.576 368] HOUSING RECEIVERSHIP
ORS Chapter 105 — Property Rights

ORS 105.420. (a) Take possession and control of the property, including the right to enter, modify and terminate tenancies pursuant to ORS 105.100 to 105.168, to charge and collect rents and to apply rents to the costs incurred due to the abatement and receivership; (b) Negotiate contracts and pay all expenses associated with the operation and conservation of the property, including all utility, fuel, custodial, repair or insurance costs; (c) Pay all accrued property taxes, penalties, assessments and other charges imposed on the property by a unit of government and any charge accruing during the pendency of the receivership; (d) Dispose of any or all abandoned personal property found at the structure; (e) Enter into contracts and pay for the performance of any work necessary to complete the abatement; and (f) Under such terms and condition as a court allows, enter into financing agreements with public or private lenders and encumber the property to have moneys available to correct the conditions at the property giving rise to the abatement. (2) A court may approve a charge of an administrative fee for a receiver at an hourly rate approved by the court or at a rate not to exceed 15 percent of the total cost of the abatement. (3) All abatement work done under ORS 105.420 to 105.455 is exempt from the public contracting statutes set forth in ORS 279C.005, 279C.100 to 279C.125 and 279C.300 to 279C.470 and ORS chapters 279A and 279B, except ORS 279A.125, 279A.250 to 279A.290 and 279B.235.
ORS Chapter 105 — Property Rights

ORS 105.425. Definitions for ORS 105.420 to 105.455. As used in ORS 105.420 to 105.455: (1) Abatement means the removal or correction, including by demolition, of any condition at a property that violates the provisions of any duly enacted building or housing code or the making of other improvements or corrections needed to rehabilitate the property or structure, but does not include the closing or physical securing of the structure. (2) Building code or housing code means any law, ordinance or governmental regulation concerning habitability or the construction, maintenance, operation, occupancy, use or appearance of any property. (3) Interested party means any person or entity that possesses any legal or equitable interest of record in the property, including the owner, the holder of any lien or encumbrance of record on the property and any person who must or may be made a defendant in a foreclosure suit under ORS 88.030. (4) Property means real property and all improvements thereon including edifices, structures, buildings, unit or part thereof used or intended to be used for residential purposes including single-family, duplex, multifamily structures and mixed-use structures which have one or more residential units.
ORS Chapter 105 — Property Rights

ORS 105.430. (b) The interest of a mortgagee under a purchase money mortgage if the mortgage was recorded prior to the issuance of the notice under ORS 105.430 (2); or (c) The interest of a beneficiary under a purchase money trust deed if the trust deed was recorded prior to the issuance of the notice under ORS 105.430 (2). (2) Notwithstanding any other provision of law or any purchase money security interest, the issuance of the notice under ORS 105.430 (2) shall constitute a default under the purchase money security interest, and if the violations of the building or housing codes listed in the notice are not corrected within 30 days after the mailing of the notice, the vendor, mortgagee or beneficiary under the purchase money security interest may commence proceedings to exercise the remedies set forth in the purchase money security interest. (3) A lien created by ORS 105.440 (2) shall be prior and superior to any purchase money security interest in the property if: (a) The city or county gave the holder of the purchase money security interest and any vendee, mortgagor or grantor under such purchase money security interest the notice required under ORS 105.430 (2); and (b) The holder of the purchase money security interest has not, prior to the appointment of a receiver under ORS 105.430 (6), initiated proceedings or taken other action to foreclose the purchase money security interest or to otherwise gain possession of the property. (4) A lien created under ORS 105.440 (2) shall, except for property tax liens, assessment liens, liens created by ORS 87.352 to 87.362 and purchase money security interests not covered by subsection (3) of this section, be prior and superior to all other liens, mortgages and encumbrances against the property upon which it is imposed without regard to whether the other liens, mortgages or encumbrances attached to the property before or after the lien created by ORS 105.440 (2) attached.
ORS Chapter 105 — Property Rights

ORS 105.435. Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law. (1) A receiver appointed by the court pursuant to ORS
ORS Chapter 105 — Property Rights

ORS 105.440. Report of abatement expenditures; court approval; lien. (1) From time to time as the court may order during the receivership, but at least once no later than 60 days after the receivership begins and once no later than 30 days after the receivership terminates, a receiver shall file a report as described in ORS 37.200. Upon the courts approval of the report, the court shall order: (a) That the property is liable for any net losses of the receiver over the course of the reporting period, including administrative fees of the receiver, plus interest at the greater of the legal rate of interest or the rate charged by any obligations incurred by the receiver for the benefit of the property; (b) That the county recorder may enter the order as a lien against the property within 60 days after the date of the order; and (c) That the lien has priority over all other liens, mortgages and encumbrances as provided in ORS 105.445. (2) Unless all losses of the receiver recited in an order under subsection (1) of this section have been paid, at any time within 60 days after the date of the order, the receiver may file the order with the county recorder as a lien on the property.
ORS Chapter 105 — Property Rights

ORS 105.445. Effect on purchase money security interest of lien for unpaid abatement expenses. (1) As used in this section, purchase money security interest means: (a) The interest of a vendor under a land sale contract pertaining to the property if the contract was recorded prior to the issuance of the notice under ORS
ORS Chapter 105 — Property Rights

ORS 105.450. Termination of receivership. The receivership authorized pursuant to the terms of ORS 105.420 to 105.455 shall terminate only by an order of the court after a showing by an interested party or the receiver that: (1) The abatement has been completed; (2) The costs and obligations incurred due to the abatement have been paid by an interested party or a lien has been filed pursuant to ORS 105.440; and (3) The interested party will manage the property in conformance with applicable housing codes.
ORS Chapter 105 — Property Rights

ORS 105.452. Applicability of Oregon Receivership Code. If applicable under ORS 37.040, the Oregon Receivership Code applies to receiverships commenced under ORS 105.420 to 105.455, except that the provisions of ORS 105.420 to 105.455 control over conflicting provisions of the Oregon Receivership Code.
ORS Chapter 105 — Property Rights

ORS 105.455. 7 D. (5) If, following the filing of a petition for appointment of a receiver, an interested party intends to correct the conditions at the property giving rise to the petition for the appointment of a receiver or initiate a proceeding described in subsection (3) of this section, the court may stay the matter and order the party to post security in an amount the court deems appropriate to insure timely performance and other conditions the court deems appropriate to effect the timely completion of the corrections or proceeding. (6) The court shall appoint a receiver under ORS 105.420 to 105.455 if the court finds that the city or county has complied with this section and that the property is a threat to public health, safety or welfare and: (a) No interested party appears within 30 days after service; (b) An interested party fails to comply with an order under subsection (5) of this section; or (c) If the matter has not been stayed under subsection (5) of this section, upon a hearing that shall be held no later than 30 days after requested by the city or county. (7) A receiver may be any one of the following: (a) A housing authority organized under the terms of ORS 456.055 to 456.235; (b) An urban renewal agency organized under the terms of ORS 457.035 to 457.320; (c) A private not-for-profit corporation, the primary purpose of which is the improvement of housing conditions within the city or county; or (d) A city or county agency, bureau or similar subdivision designated by the city or county as being responsible for the rehabilitation of property. (8) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may not be required to give security or bond of any sort prior to appointment. (9) In lieu of the appointment of a receiver under subsection (6) of this section, upon the motion of city or county the court shall enter a general judgment in favor of the city or county against the real property in the amount of the estimated costs of abatement if: (a) The court finds the city or county has complied with the requirements of this section; (b) The court finds the property is in an unsafe or insanitary condition; (c)(A) No interested party appears within 30 days after service; or (B) An interested party fails to comply with an order under subsection (5) of this section; (d) The city or county has proven by evidence in the record that the reasonably estimated cost of abatement exceeds 25 percent of the propertys real market value, as shown on the propertys most recent tax records; (e) The property is not currently occupied as a dwelling; and (f) The motion for judgment has been served by the city or county on all interested parties, including interested parties in default, in the manner provided for by ORCP 9 C, no less than 30 days prior to the motion. (10) A judgment given under subsection (9) of this section shall have the priority of a lien created under ORS 105.440 (2) as provided in ORS 105.445.
ORS Chapter 105 — Property Rights

ORS 105.462. (4) If the seller fails or refuses to provide a sellers property disclosure statement as required under this section, the buyer shall have a right of revocation until the right is terminated pursuant to subsection (3) of this section. (5) If the buyer revokes the offer pursuant to this section, notwithstanding ORS 696.581, the buyer is entitled to immediate return of all deposits and other considerations delivered to any party or escrow agent with respect to the buyers offer, and the buyers offer is void. (6) When the deposits and other considerations have been returned to the buyer, upon the buyers signed, written release and indemnification of the holders of the deposits and other considerations, the holders are released from all liability for the deposits and other considerations. (7) Any sellers property disclosure statement issued by the seller is part of and incorporated into the offer and the acceptance.
ORS Chapter 105 — Property Rights

ORS 105.463. Preemptive effect of ORS 105.464. ORS 105.464 preempts any law, rule, regulation, code or ordinance of the political subdivisions of this state including, but not limited to, the Lane Regional Air Protection Agency regarding the disclosure of solid fuel burning devices, as defined in ORS 468A.485, in connection with a written offer to purchase real property in this state for which a sellers property disclosure statement is required under ORS 105.465 and 105.470.
ORS Chapter 105 — Property Rights

ORS 105.465. Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement. (1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870: (a) Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyers spouse, parent or child: (A) Real property consisting of or improved by one to four dwelling units; (B) A condominium unit as defined in ORS 100.005 and not subject to disclosure under ORS 100.705; (C) A timeshare property as defined in ORS 94.803 and not subject to disclosure under ORS 94.829; and (D) A manufactured dwelling, as defined in ORS 446.003, that is owned by the same person who owns the land upon which the manufactured dwelling is situated. (b) Do not apply to a leasehold in real property. (2) Except as provided in ORS 105.475 (4), a seller shall complete, sign and deliver a sellers property disclosure statement as set forth in ORS 105.464 to each buyer who makes a written offer to purchase real property in this state.
ORS Chapter 105 — Property Rights

ORS 105.470. Section 1. EXCLUSION FROM ORS 105.462 TO 105.490: You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not claiming an exclusion, you must fill out Section 2 of this form completely. Initial only the exclusion you wish to claim. _____ This is the first sale of a dwelling never occupied. The dwelling is constructed or installed under building or installation permit(s) #_____, issued by ________. _____ This sale is by a financial institution that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure. _____ The seller is a court appointed receiver, personal representative, trustee, conservator or guardian. _____ This sale or transfer is by a governmental agency. ______________________ Signature(s) of Seller claiming exclusion Date ________ ______________________ Buyer(s) to acknowledge Sellers claim Date ________ ______________________________________________________________________________ (IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SECTION.) Section 2. SELLERS PROPERTY DISCLOSURE STATEMENT (NOT A WARRANTY) (ORS
ORS Chapter 105 — Property Rights

ORS 105.475. Buyers statement of revocation of offer; criteria. (1) If a seller issues a sellers property disclosure statement and a buyer has not then delivered to the seller a written statement waiving the buyers right to revoke the buyers offer, the buyer shall have five business days after delivery of the sellers property disclosure statement to revoke the buyers offer by delivering to the seller a separate signed written statement of revocation disapproving the sellers disclosure. (2) If a buyer fails to timely deliver to a seller a written statement revoking the buyers offer, the buyers right to revoke the buyers offer expires. (3) If a buyer closes the transaction, the buyers right to revoke based on ORS
ORS Chapter 105 — Property Rights

ORS 105.480. Representations in disclosure statement; application. (1) The representations contained in a sellers property disclosure statement and in any amendment to the disclosure statement are the representations of the seller only. The representations of the seller are not representations of: (a) A financial institution that may have made or that may make a loan pertaining to the property covered by a sellers property disclosure statement, or that may have or take a security interest in the property covered by a sellers property disclosure statement. (b) A real estate licensee engaged by the seller or buyer. (2) Neither a financial institution nor a real estate licensee is bound by or has any liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in the sellers property disclosure statement required by ORS 105.465 or any amendment to the disclosure statement.
ORS Chapter 105 — Property Rights

ORS 105.485. Allocation of burden of proof. The burden of proof of lawful delivery of a sellers property disclosure statement and any amendment thereto is on the seller. The burden of proof of lawful delivery of a notice of revocation of a buyers offer is on the buyer.
ORS Chapter 105 — Property Rights

ORS 105.490. (1) The first sale of a dwelling never occupied, provided that the seller provides the buyer with the following statement on or before the date the buyer is legally obligated to purchase the subject real property: THIS HOME WAS CONSTRUCTED OR INSTALLED UNDER BUILDING OR INSTALLATION PERMIT(S) #___, ISSUED BY _____. (2) Sales by financial institutions that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure. (3) The following sellers, if appointed by a court: (a) Receivers; (b) Personal representatives; (c) Trustees; (d) Conservators; or (e) Guardians. (4) Sales or transfers by governmental agencies.
ORS Chapter 105 — Property Rights

ORS 105.505. Remedies available for private nuisance. Any person whose property or personal enjoyment thereof is affected by a private nuisance, may maintain an action for damages therefor. If judgment is given for the plaintiff in the action, the plaintiff may, on motion, in addition to the execution to enforce the judgment, obtain an order allowing a warrant to issue to the sheriff to abate the nuisance. The motion must be made at the term at which judgment is given, and shall be allowed of course, unless it appears on the hearing that the nuisance has ceased or that such remedy is inadequate to abate or prevent the continuance of the nuisance, in which latter case the plaintiff may proceed to have the defendant enjoined. [Amended by 1979 c.284 96]
ORS Chapter 105 — Property Rights

ORS 105.510. Procedure for abating a nuisance. Not more than six months after an order to abate is entered under ORS 105.505, the plaintiff may file a request with the clerk of court for the issuance of a warrant to the sheriff that directs the sheriff to abate the nuisance. The sheriff may require that the plaintiff pay all sheriffs fees required by ORS 21.300 before executing the warrant, and may require that the plaintiff also pay all expenses of the sheriff incurred in executing the warrant. [Amended by 2011 c.366 2]