(2) If the court determines that there is no genuine issue of material fact as to the truth of the assertions in an affidavit filed under ORS 131A.240 (2):
(a) The interest of the financial institution, transferor, conveyor or successor in interest shall be conclusively established for all purposes under this chapter;
(b) A transferor, conveyor or successor in interest shall be considered a financial institution for all purposes under this chapter; and
(c) The court shall order the forfeiting agency to pay the costs and disbursements, as described in ORCP 68 A, and the attorney fees of the prevailing financial institution, transferor, conveyor or successor in interest.
(3) If the court determines that there is a genuine issue of material fact as to the truth of the assertions in an affidavit filed under ORS 131A.240, the financial institution, transferor, conveyor or successor in interest shall, within 15 days, file a responsive pleading as provided by ORS 131A.235. The court may order the financial institution, transferor, conveyor or successor in interest to pay the attorney fees of the forfeiting agency that were incurred in contesting the affidavit of the financial institution, transferor, conveyor or successor in interest if the court determines that the affidavit of the financial institution, transferor, conveyor or successor in interest was frivolous. [2009 c.78 §30]
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