Oregon Release of Judgment Lien

State:
Multi-State
Control #:
US-OG-120
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Word; 
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Description

If an owner of an interest in real property has had a judgment obtained against the owner, this form addresses a release of that judgment lien.

Oregon Release of Judgment Lien is a legal document that allows the release of a judgment lien placed on real property in the state of Oregon. A judgment lien is created when a creditor obtains a judgment against a debtor and records it with the county recorder's office, effectively attaching the lien to the debtor's property. The purpose of an Oregon Release of Judgment Lien is to release the lien and remove it from the debtor's property. This release is necessary when the judgment has been fully satisfied, meaning the debtor has paid the judgment amount in full. Once the release is filed with the county recorder's office, the lien is removed from the property's title, and the debtor's property is no longer encumbered by the judgment. There are two main types of Oregon Release of Judgment Lien: 1. Partial Release of Judgment Lien: This type of release is used when the debtor has partially satisfied the judgment amount but still owes a balance. The partial release will remove the lien from a specific portion of the property, typically corresponding to the amount paid by the debtor. This allows the debtor to sell or refinance the released portion of the property without the lien affecting the transaction. 2. Full Release of Judgment Lien: This type of release is applicable when the debtor has fully paid the judgment amount, thereby satisfying the debt in its entirety. The full release removes the entire lien from the debtor's property, freeing it from any encumbrances. This release enables the debtor to regain full ownership and control over the property, without any restrictions or hindrances caused by the judgment lien. To obtain an Oregon Release of Judgment Lien, the creditor must file a written request with the county recorder's office, providing proof of the judgment satisfaction, such as a payment receipt or a satisfaction of judgment document. The document should include the case number, names of the parties involved, and a legal description of the property. The county recorder will review the request and, if satisfied, issue the appropriate release to be recorded. In conclusion, an Oregon Release of Judgment Lien is a vital document used to release a judgment lien from a debtor's property, either partially or entirely. By obtaining this release, debtors can regain control over their property and remove any restrictions caused by the judgment lien. It is important for creditors and debtors to understand the process and legal requirements involved in obtaining an Oregon Release of Judgment Lien to ensure proper execution and compliance with state laws.

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FAQ

Yes, a lien may be placed on property that is jointly owned. However, the effects of that lien depend on the type of ownership that the property is under.

Section 153.105 - Relief from default judgment If a default judgment is entered against a defendant under ORS 153.102, the court may relieve a defendant from the judgment upon a showing that the failure of the defendant to appear was due to mistake, inadvertence, surprise or excusable neglect.

A judgment lien is created automatically on any debtor property located in the Oregon county where the judgment is entered. For debtor property in another Oregon county, the creditor must record the judgment in the County Clerk Lien Record for the county where the property is located.

If you have received a judgment and the defendant refuses to pay it, you may be able to have his or her wages or bank account garnished. The court does not provide garnishment forms. The forms may be purchased at a store that sells legal forms.

If you contract directly with an owner of residential property, you must provide the Information Notice to Owner about Construction Liens. If you have no direct contract with an owner of property, and you wish to have a right to file a lien, you must send a Notice of Right to a Lien to the property owner.

After a money judgment has been docketed in the circuit court judgment docket by the clerk, a certified copy of the judgment or a lien record abstract may be filed by the judgment creditor in the County Clerk Lien Records in any other county in which the defendant owns real property.

The judge's decision is final. Once you receive your notice that the judgment was entered, you must send the defendant a written demand for payment. This letter must be sent by certified mail, return receipt requested. The Oregon Judicial Department does not provide forms for demand letters.

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A release of lien document may be signed by the judgment creditor, or by any attorney who represents the creditor. The signature of the judgment creditor or ... (3) Complete the Declaration in Support of the Motion for Relief from Default Judgment. Fill in your name and the citation number(s). Provide your sworn ...(15) "Satisfaction of Judgment" — A document appropriate for filing in the court clerk records or County Clerk Lien Records issued by the Issuer of Satisfaction ... To garnish the wages of a debtor: 1. Complete and file a “Praecipe” form with the court. This form is available from the Trial Court Administrator's office. The certificate may be recorded in any County Clerk Lien Record in which the judgment was recorded under ORS 18.152. Recording of the certificate eliminates any ... In Oregon, a property lien can be used to collect a court judgment. Here's how it works. In a civil court case, after a judge or jury hands down a verdict -- or ... (7) An obligee may authorize the State of Oregon to release a lien against real property of an obligor when the obligee has submitted a signed and notarized ... (1) When an attorney claims a lien under ORS 87.445, if the judgment is for a sum of money only, the attorney must file a notice of claim of lien with the clerk ... Jan 17, 2014 — By filing bankruptcy, you will be released of any personal liability under the judgment (provided it is a civil judgment), but your property ... A judgment becomes dormant if the judgment holder does not begin execution proceedings or file a renewal affidavit within five years after the date of judgment.

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Oregon Release of Judgment Lien