OAR 150-305-0050: Release of Tax Lien and Clouds on Title

(1) Any request made to the Department for the release of a warrant, where such warrant is not in fact a lien on the title to the real property in question but merely a cloud on the title to such real estate, shall be accompanied by a statement. This statement shall show the facts affecting the title to the real property in question that render the Department’s warrant a cloud on the title to such real property, and show the reasons the warrant does not actually constitute a lien thereon. Normally, such request should be accompanied by a current title report. However, the Department may require other documentary proof showing the present condition of the title of the property in question. (2) Any request made to the Department for the release of the lien of any warrant shall be certified to be true by the taxpayer or by his authorized representative and shall disclose fully the circumstances relative to prior liens, including an estimate of the value of the property subject to the lien, a legal description of this property, a full and complete statement of the amount of all other liens prior to the Department’s warrant and the date when such prior liens were acquired, an estimate of the amount to be recovered upon the sale of said property by foreclosure, and make reference to the subsection of ORS 305.140 on which reliance is placed as giving the Department the power to execute a release.