ORS § 205.460
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _________
_________, | ) | |
Petitioner, | ) | Case No. _____ |
) | ||
) | PETITION FOR AN | |
) | ORDER STRIKING | |
v. | ) | AND RELEASING |
) | ENCUMBRANCES, | |
) | AWARDING COSTS | |
) | AND ATTORNEY FEES | |
_________, | ) | AND ORDER TO |
Respondent. | ) | SHOW CAUSE |
Petitioner, _________(insert name), by and through _________ (insert name and title of attorney for petitioner, if applicable), petitions this court, pursuant to ORS 205.460, 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 ORS 205.460, 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 ORS 205.470.
DATED this ___ day of______,___.
______________________
Petitioner or Petitioner's Attorney
______________________________________________________________________________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
_________, | ) | |
Petitioner, | ) | Case No. _____ |
) | ||
) | AFFIDAVIT OF | |
v. | ) | ____________ |
) | ||
) | ||
_________, | ) | |
Respondent. | ) | |
_________, | ) | |
STATE OF OREGON | ) | |
) | ||
County of _________ | ) ss. |
I, _________(insert name of affiant), after being duly sworn, depose and say:
(List and attach document(s))
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 THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _________
_________, | ) | |
Petitioner, | ) | Case No. _____ |
) | ||
) | ORDER TO | |
v. | ) | SHOW CAUSE |
) | ||
) | ||
_________, | ) | |
Respondent. | ) |
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
______________________________________________________________________________
ORS 205.460