87.001 Short title
ORS 87.001 to 87.060 and 87.075 to 87.093 shall be known and may be cited as the Construction Lien Law.
Oregon Revised Statutes
Chapter 87 — Statutory Liens
294 sections87.005 Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093
As used in ORS 87.001 to 87.060 and 87.075 to 87.093: “Commencement of the improvement” means the first actual preparation or construction upon the site or the first delivery to the site of materials of such substantial character as to notify interested persons that preparation or construction upon the site has begun or is about to begin. “Construction” me…
87.007 Protection from construction liens perfected after sale of residential property completed; requirements; seller options; rules; delivery of form to purchaser; penalty; damages; defenses
This section applies to a sale of the following residential property: A new single family residence or a single family residence where the sales price is $50,000 or more for original construction or the contract price is $50,000 or more for improvements to the residence completed within three months before the date the property is sold. A new condominium u…
87.010 Construction liens; who is entitled to lien
Any person performing labor upon, transporting or furnishing any material to be used in, or renting equipment used in the construction of any improvement shall have a lien upon the improvement for the labor, transportation or material furnished or equipment rented at the instance of the owner of the improvement or the construction agent of the owner. Any pe…
87.015 Land and interests therein subject to lien; leaseholds
The site together with the land that may be required for the convenient use and occupation of the improvement constructed on the site, to be determined by the court at the time of the foreclosure of the lien, shall also be subject to the liens created under ORS 87.010 (1), (4) and (5) if, at the time of the commencement of the improvement, the person who cau…
87.018 Delivery of notices
Except as provided in ORS 87.093, all notices required under ORS 87.001 to 87.060 and 87.075 to 87.093 must be in writing and be delivered in person or by registered or certified mail. A notice that must be given under ORS 87.001 to 87.060 or 87.075 to 87.093 to a mortgagee must be delivered to the mortgagee only if the name and address of the mortgagee app…
87.020 [Amended by 1965 c.446 §1; 1967 c.600 §1; 1967 c.602 §1; repealed by 1975 c.466 §6 (87.021 enacted in lieu of 87.020)]
87.021 Notice to owners; notice from owner to original contractor; effect of failure to give notice
Except when material, equipment, services or labor described in ORS 87.010 (1) to (3), (5) and (6) is furnished at the request of the owner, a person furnishing any materials, equipment, services or labor described in ORS 87.010 (1) to (3), (5) and (6) for which a lien may be perfected under ORS 87.035 shall give a notice of right to a lien to the owner of t…
87.023 Notice of right to lien; form of notice
The notice of right to a lien required under ORS 87.021 shall include, but not be limited to, the following information and shall be substantially in the following form: ______________________________________________________________________________ NOTICE OF RIGHT TO A LIEN. WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPP…
87.025 Priority of perfected liens; right to sell improvements separately from land; notice to mortgagee; list of materials or supplies
A lien created under ORS 87.010 (2) or (6) and perfected under ORS 87.035 upon any lot or parcel of land shall be preferred to any lien, mortgage or other encumbrance which attached to the land after or was unrecorded at the time of commencement of the improvement. Except as provided in subsections (3) and (6) of this section, a lien created under ORS 87.01…
87.027 Right of owner to demand list of services, materials, equipment and labor; penalty for failure to provide list
An owner who receives a notice of right to a lien in accordance with the provisions of ORS 87.021 may demand, in writing, from the person providing materials, equipment, services or labor a list of materials or equipment or description of labor or services supplied or a statement of the contractual basis for supplying the materials, equipment, services or la…
87.030 Effect of owner’s knowledge of improvement; notice of nonresponsibility
Every improvement except an improvement made by a person other than the landowner in drilling or boring for oil or gas, constructed upon lands with the knowledge of the owner shall be deemed constructed at the instance of the owner, and the interest owned shall be subject to any lien perfected pursuant to the provisions of ORS 87.001 to 87.060 and 87.075 to …
87.035 Perfecting lien; filing claim of lien; contents of claim
Every person claiming a lien created under ORS 87.010 (1) or (2) shall perfect the lien not later than 75 days after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction, whichever is earlier. Every other person claiming a lien created under ORS 87.010 shall perfect the lien not later than 75…
87.036 Subcontractor’s perfection of claim of lien; notice; fee; rules
A subcontractor or a person that provides labor, materials or equipment for a project to renovate, remodel, repair or otherwise alter an existing owner-occupied residence may not perfect a claim of lien against the owner’s property under ORS 87.035 if the subcontractor or the person provided or contracted to provide services, labor, materials or equipment to…
87.037 Prohibition against claim of lien
An original contractor may not claim a lien arising from the improvement of real property if a written contract for the work is required by ORS 701.305 and the contractor does not have a written contract. Note: 87.037 was added to and made a part of 87.001 to 87.060 by legislative action but was not added to any smaller series therein. See Preface to Oregon…
87.039 Notice of filing claim of lien; effect of failure to give notice
A person filing a claim of lien pursuant to ORS 87.035 shall mail to the owner and to the mortgagee a notice in writing that the claim has been filed. A copy of the claim of lien shall be attached to the notice. The notice shall be mailed not later than 20 days after the date of filing. Notice mailed to the owner who received the notice of right to a lien as…
87.040 [Repealed by 1975 c.466 §25]
87.045 Completion date of improvement; notice of completion, abandonment or nonabandonment; contents of notice
The completion of construction of an improvement shall occur when: The improvement is substantially complete; A completion notice is posted and recorded as provided by subsections (2) and (3) of this section; or The improvement is abandoned as provided by subsection (5) of this section. When all original contractors employed on the construction of an imp…
87.050 Recording
The recording officer of each county shall record all notices and claims of lien required to be filed by the provisions of ORS 87.001 to 87.060 and 87.075 to 87.093 in the statutory lien record. The notices and claims recorded in the statutory lien record shall be indexed as deeds and other conveyances are required by law to be indexed and shall constitute a…
87.055 Duration of lien; when suit to enforce lien commences
No lien created under ORS 87.010 shall bind any improvement for a longer period than 120 days after the claim of lien is filed unless suit is brought in a proper court within that time to enforce the lien, or if extended payment is provided and the terms thereof are stated in the claim of lien, then 120 days after the expiration of such extended payment, but…
87.057 Notice of intent to foreclose; list of materials furnished and statement of prices; effect of failure to give notice
A person intending to foreclose a lien shall deliver to the owner of the property upon which the lien is claimed and to the mortgagee a notice in writing not later than 10 days prior to commencement of the suit stating that such person, or others, intends to commence suit to foreclose the lien. Notice delivered to the mortgagee who received the notice requir…
87.058 [1981 c.618 §16; 1987 c.662 §12; 1991 c.181 §15; 2001 c.197 §8; 2007 c.793 §2; repealed by 2011 c.630 §53]
87.059 [2011 c.630 §56; repealed by 2016 c.99 §15]
87.060 Foreclosure; right to jury trial; distribution of proceeds of foreclosure sale
A suit to enforce a lien perfected under ORS 87.035 shall be brought in circuit court, and the pleadings, process, practice and other proceedings shall be the same as in other cases. In a suit to enforce a lien perfected under ORS 87.035, evidence of the actual costs of the labor, equipment, services and material provided by the lien claimant establishes a …
87.065 [Amended by 1961 c.609 §2; repealed by 1975 c.466 §25]
87.070 Amount of recovery by contractor; respective rights of contractor and owner
Any contractor may recover, upon a lien perfected by the contractor, only the amount due to the contractor according to the terms of the contract, after deducting all claims of other parties for work done and materials furnished for which a lien is perfected under ORS 87.035. Where a claim of lien is filed pursuant to ORS 87.035 for work done or material or …
87.075 Exemption of building materials from attachment by third persons
When a person furnishes or procures materials for use in the construction of an improvement, those materials are not subject to attachment, execution or other legal process to enforce any debt due by the purchaser of the materials, except a debt due for the purchase money thereof, so long as in good faith the materials are about to be applied to the construc…
87.076 Bond or deposit of money; amount; demand for release of lien; effect
The owner of an improvement or land against which a lien perfected under ORS 87.035 is claimed, or an interested person, may file with the recording officer of the county in whose office the claim of lien is filed a bond executed by a corporation authorized to issue surety bonds in the State of Oregon to the effect that the principal or principals on the bon…
87.078 Notice of filing bond or depositing money; contents of notice; effect of failure to give notice
A person who files a bond or deposits money under ORS 87.076 shall cause to be served upon the lien claimant a notice of the filing or deposit and, if a bond, a copy thereof, not later than 20 days after the filing or deposit. The notice shall state the location and time of the filing or deposit. If a person does not notify the lien claimant as required by …
87.080 [Amended by 1967 c.407 §3; repealed by 1975 c.648 §72]
87.081 Filing affidavit with county officer
When a person files a bond with the recording officer of the county under ORS 87.076 and serves notice of the filing upon the lien claimant, the person shall file with the same recording officer an affidavit stating that such notice was served. When a person deposits money with the treasurer of a county under ORS 87.076 and serves notice of the deposit upon…
87.082 [1967 c.407 §§1,2; repealed by 1975 c.648 §72]
87.083 Foreclosure after filing of bond or deposit of money; effect of filing or deposit; disposition of bond or money
A suit to foreclose a lien pursuant to ORS 87.060 that is commenced or pending after a bond is filed or money deposited under ORS 87.076 shall proceed as if no filing or deposit was made except that the lien shall attach to the bond or money upon the filing or deposit and the service of notice thereof upon the lien claimant. The property described in the cla…
87.085 [Repealed by 1975 c.648 §72]
87.086 Determination of adequacy of bond
If a lien claimant considers the bond filed with a recording officer of a county inadequate to protect the claim of the lien claimant for some reason other than the amount of the bond, the lien claimant shall, within 10 days of receipt of the notice of filing, petition the court in which the suit to foreclose the lien may be brought for a determination of th…
87.088 Release of lien or return of money
The county recording officer shall record a written release of the lien or the county treasurer in whose office money is deposited under ORS 87.076 shall return the money to the person who made the deposit if: The person who filed the bond or deposited the money under ORS 87.076 notifies the lien claimant and the treasurer in writing and by certified mail t…
87.089 Limitations on actions
The provisions of ORS 87.076, 87.083 and 87.088 do not create a cause of action and may not be asserted as a basis for a per se negligence action.
87.090 [Repealed by 1975 c.648 §72]
87.091 [2003 c.778 §9; repealed by 2010 c.77 §9]
87.093 Information Notice to Owner; rules; contents; when notice must be delivered; effect of failure to deliver notice; penalty
The Construction Contractors Board shall adopt by rule a form entitled “Information Notice to Owner” which shall describe, in nontechnical language and in a clear and coherent manner using words in their common and everyday meanings, the pertinent provisions of the Construction Lien Law of this state and the rights and responsibilities of an owner of propert…
87.095 [Repealed by 1975 c.648 §72]
87.100 [Amended by 1973 c.54 §1; repealed by 1975 c.648 §72]
87.105 [Repealed by 1975 c.648 §72]
87.110 [Repealed by 1975 c.648 §72]
87.115 [Repealed by 1975 c.648 §72]
87.120 [Repealed by 1975 c.648 §72]
87.122 [1955 c.438 §§1,2; repealed by 1975 c.648 §72]
87.125 [Amended by 1967 c.327 §1; 1973 c.307 §1; repealed by 1975 c.648 §72]
87.130 [Amended by 1961 c.519 §1; repealed by 1975 c.648 §72]
87.135 [Repealed by 1975 c.648 §72]
87.140 [Repealed by 1975 c.648 §72]
LIENS GENERALLY
87.142 Definitions for ORS 87.142 to 87.490 and 87.910
As used in ORS 87.142 to 87.490 and 87.910, unless the context otherwise requires: “Animal” means any mammal, bird, fish, reptile, amphibian or insect. “Chattel” includes movable objects that are capable of being owned, but does not include personal rights not reduced to possession but recoverable by an action at law or suit in equity, money, evidence of d…
87.145 [Repealed by 1975 c.648 §72]
87.146 Priorities of liens
Except as provided in subsection (2) of this section: Liens created by ORS 87.152 to 87.162 have priority over all other liens, security interests and encumbrances on the chattel subject to the lien, except that taxes and duly perfected security interests existing before chattels sought to be subjected to a lien created by ORS 87.162 are brought upon the le…
87.150 [Repealed by 1975 c.648 §72]
POSSESSORY CHATTEL LIENS
87.152 Possessory lien for labor or material expended on chattel; requirement for surety bond
Except as provided in subsections (2) and (3) of this section, a person that makes, alters, repairs, transports, stores, pastures, cares for, provides services for, supplies materials for or performs labor on a chattel at the request of the owner or lawful possessor of the chattel has a lien on the chattel in the possession of the person for the reasonable o…
87.155 [Repealed by 1975 c.648 §72]
87.156 Innkeeper’s lien
Except as provided in subsection (2) of this section, the keeper of an inn, hotel or motel has a lien on the chattels brought into the inn, hotel or motel belonging to or under the control of a guest or boarder for the reasonable or agreed charges due the keeper from the guest or boarder for accommodation, board and lodging, services, money, labor and materi…
87.159 Lien for care of impounded animal; petition for hearing to contest impoundment and lien; court order; waiver
A person who, or governmental agency that, transports, pastures, feeds, cares for or provides treatment to an animal that has been impounded under ORS 167.345 has a lien on the animal in the possession of the person or governmental agency for the reasonable charges for transportation, pasturage, feed, care or treatment provided by the person or governmental …
87.160 [Repealed by 1975 c.648 §72]
87.162 Landlord’s lien
Except as provided in ORS 87.156 and 90.120, a landlord has a lien on all chattels, except wearing apparel as defined in ORS 18.345 (1), owned by a tenant or occupant legally responsible for rent, brought upon the leased premises, to secure the payment of rent and such advances as are made on behalf of the tenant. The landlord may retain the chattels until t…
87.165 [Repealed by 1975 c.648 §72]
87.166 Attachment of liens
Except as provided in subsection (2) of this section, the liens created by ORS 87.152 to 87.162 attach to the chattels described in those sections when: The services or labor are performed or the materials or money are furnished by the lien claimant to the lien debtor; and The charges for the services or labor performed and materials or money furnished are…
87.170 [Repealed by 1975 c.648 §72]
87.172 Time period before foreclosure allowed
Except as otherwise provided in this section, a person claiming a lien under ORS 87.152 to 87.162 must retain the chattel that is subject to the lien for at least 60 days after the lien attaches to the chattel before foreclosing the lien. Except as otherwise provided in this subsection, a person claiming a lien under ORS 87.152 for cost of care, materials a…
87.175 [Repealed by 1975 c.648 §72]
87.176 Fees for storage of chattel; notice to lien debtor; effect of failure to comply
When the lien claimed under ORS 87.152 to 87.162 is for other than the storage of a chattel, if the lien claimant incurs expenses in storing the chattel prior to foreclosure, the lien claimant may charge reasonable fees for the storage of the chattel for a period not exceeding six months from the date that the lien attaches to the chattel. A lien claimant se…
87.177 Bond or deposit of money for lien for storage of chattel; amount; notice to lien claimant; filing affidavit with county officer
When a lien claimed under ORS 87.152 to 87.162 is for the storage of a chattel and the amount of the lien claimed is $750 or more, the lien debtor, or any other interested person, may file with the recording officer of the county in which the lien claimant obtained possession of the chattel subject to the lien from the lien debtor a bond executed by a corpor…
87.178 Foreclosure after filing of bond or deposit of money; effect of filing or deposit; disposition of bond or money
When a lien claimed under ORS 87.152 to 87.162 is for the storage of a chattel and the amount of the lien claimed is $750 or more, any suit to foreclose the lien that is commenced or pending after the filing of a bond or deposit of money under ORS 87.177 (1) to (3) shall proceed as if no filing or deposit had been made except that the lien shall attach to th…
87.179 Determination of adequacy of bond
If a lien claimant considers the bond filed with a recording officer of a county under ORS 87.177 (1) to (3) inadequate to protect the claim of the lien claimant for some reason other than the amount of the bond, the lien claimant may petition the court in which the suit to foreclose the lien for the storage of the chattel may be brought for a determination …
87.180 [Repealed by 1975 c.648 §72]
87.181 Release of lien or return of money
The county recording officer shall record a written release of the lien for the storage of the chattel or the county treasurer in whose office money is deposited under ORS 87.177 (1) to (3) shall return the money to the person who made the deposit when: The person who filed the bond or deposited the money presents a certified copy of a court’s order for the…
87.182 Effect of prior security interest on method of foreclosure
When a lien created by ORS 87.162 is subordinate to a prior duly perfected security interest in a chattel as provided in ORS 87.146, the lien created by ORS 87.162 shall be foreclosed by suit as provided in ORS chapter 88. Except as provided in subsection (1) of this section, liens created by ORS 87.152 to 87.162 may be foreclosed by suit as provided in ORS…
87.185 [Repealed by 1975 c.648 §72]
87.186 Location of foreclosure sale
Foreclosure of liens created by ORS 87.152 to 87.162 by public sale shall occur in the county in which the lien claimant obtained possession of the chattel subject to the lien from the lien debtor.
87.190 [Repealed by 1975 c.648 §72]
87.192 Notice of foreclosure sale to lien debtor; public notice
Before a lien claimant forecloses by sale a lien created under ORS 87.152 to 87.162, the lien claimant shall give notice of the foreclosure sale to the lien debtor by first class mail with certificate of mailing, registered mail or certified mail sent to the lien debtor at the lien debtor’s last-known address. The lien claimant shall give notice of the forec…
87.195 [Repealed by 1975 c.648 §72]
87.196 Notice of foreclosure sale to secured parties; effect of notice; effect of failure to give notice
A lien claimant that forecloses by sale a lien created under ORS 87.152 to 87.162 shall give notice of the foreclosure sale by first class, registered or certified mail. The following apply: The lien claimant shall give notice to all persons that have filed a financing statement in the office of the Secretary of State, or in the office of the appropriate co…
87.200 [Repealed by 1975 c.648 §72]
87.202 Statement of account of foreclosure sale
A person that forecloses a lien created under ORS 87.152 to 87.162 by sale shall file a statement of account that the person verifies by oath with the recording officer of the county in which the sale took place if: The chattel sold at the foreclosure sale has a fair market value of $1,000 or more; or The chattel sold at the foreclosure sale is an animal t…
87.205 [Repealed by 1975 c.648 §72]
87.206 Disposition of proceeds of foreclosure sale
The proceeds of a sale to foreclose a lien created by ORS 87.152 to 87.162 shall be applied in the following order: To the payment of the reasonable and necessary expenses of the sale; To satisfy the indebtedness secured by the lien under which the sale is made; Subject to subsection (2) of this section, to satisfy the indebtedness secured by any subordin…
87.210 [Repealed by 1975 c.648 §72]
87.212 Liability for improper sale of fungible chattels
A person claiming a lien under ORS 87.152 to 87.162 for the storage of fungible chattels shall not sell more of those chattels than is necessary to pay charges due that person for the storage. If a person unnecessarily sells fungible chattels without the consent of the owner thereof, the person shall, for each offense, forfeit to the owner of the chattels a …
87.214 Disposal of property left with launderer or dry cleaner
Notwithstanding any provision of ORS 87.172 to 87.212: If a garment or article left with a retail launderer or retail dry cleaner for laundering, dry cleaning or other service is not redeemed by the customer within 180 days, the launderer or dry cleaner may, without any liability or responsibility for the article or garment, dispose of the article or garmen…
87.215 [Repealed by 1975 c.648 §72]
NONPOSSESSORY CHATTEL LIENS
87.216 Nonpossessory lien for labor or material expended on chattel
A person who makes, alters, repairs, transports, stores, provides services for or performs labor on a chattel at the request of the owner of the chattel has a lien on that chattel for the reasonable or agreed charges for the labor or services the person performs and for the materials the person furnishes in connection therewith.
87.220 [Repealed by 1975 c.648 §72]
87.222 Logger’s, woodworker’s and timberland owner’s lien
A person who performs labor on or assists in obtaining, handling, manufacturing or transporting timbers or wood products has a lien upon those timbers and those wood products for the reasonable or agreed value for this labor or services, when the labor is performed or services provided at the request of the owner of the timbers or wood products or an agent o…
87.225 [Repealed by 1975 c.648 §72]
87.226 Agricultural services lien
A person who performs labor, supplies materials or provides services on farmland, range, ranch, orchard or in that person’s place of business to aid the growing or harvesting of crops or the raising of animals has a lien upon the crops or animals for the reasonable or agreed charges for labor, materials or services. The lien upon crops or animals created by …
87.228 Effect on agricultural services lien when payment for produce is made prior to filing of lien claim
A lien created by ORS 87.226 ceases to attach to a crop that is agricultural produce as defined in ORS 87.700 and is in the possession of a purchaser, or to the proceeds of the sale of the crop to a third party, if the purchaser pays the agricultural producer in full for the crop and the claim for the lien is not filed under ORS 87.242 prior to the date of t…
87.230 [Repealed by 1975 c.648 §72]
87.232 Fishing lien and fish worker’s lien
A person who performs labor in the operation of the chattel used for the purpose of catching fish from, holding them upon or transporting them within the waters of this state has a lien on the fish taken using the chattel during the period for which the lien is claimed for the reasonable or agreed charge for the labor of the person. A person who performs la…
87.235 [Repealed by 1975 c.648 §72]
87.236 Attachment of liens; attachment to proceeds
The liens created by ORS 87.216 to 87.232 attach to the chattels described in those sections. The liens created by ORS 87.222 and 87.232 shall also attach to the proceeds of the sale of the chattels subject to those liens if: Prior to the filing of the notice of claim of lien, the chattels or any part thereof are sold or delivered to an agent, broker, coop…
87.240 [Repealed by 1975 c.648 §72]
87.242 Filing notice of claim of lien; filing deadline; contents of notice; effect of failure to file notice
A person claiming a lien created by ORS 87.216, 87.222 or 87.232 shall file a written notice of claim of lien with the recording officer of the county in which the lien debtor resides, or, if the lien debtor is a business, the county in which the lien debtor has its principal place of business, not later than 60 days after the close of the furnishing of the …
87.245 [Repealed by 1975 c.648 §72]
87.246 Recording; fees
Except for a notice of a claim for a lien created by ORS 87.226, the recording officer of a county shall record the notices filed under ORS 87.242 in a book kept for that purpose and called “index of liens upon chattels.” Notices filed with the Secretary of State under ORS 87.242 shall: Be in a form prescribed by the Secretary of State; and Be maintained …
87.250 [Repealed by 1975 c.648 §72]
87.252 Notice to owner and holders of security interests; effect of failure to comply
When a lien claimant files a notice of claim of lien as required by ORS 87.242, the lien claimant shall send forthwith a copy of the notice to the owner of the chattel to be charged with the lien by registered or certified mail sent to the owner at the owner’s last-known address. When a lien claimant files a notice of claim of lien as required by ORS 87.242…
87.255 [Repealed by 1975 c.648 §72]
87.256 Limitation on extent of liens
Persons claiming liens created by ORS 87.216 to 87.232 are only entitled to liens for labor, services or materials performed or furnished during the six months immediately preceding the filing of the notice of claim under ORS 87.242.
87.260 [Repealed by 1975 c.648 §72]
87.262 Foreclosure
Except as provided in ORS 87.322, a lien created by ORS 87.216 to 87.232 may be foreclosed by a suit in the circuit court under ORS chapter 88 and other laws regulating the proceedings for the foreclosure of liens generally or may be foreclosed as provided in ORS 87.272 to 87.306. If the lien has attached to proceeds under ORS 87.236, the lien must be forecl…
87.265 [Repealed by 1975 c.648 §72]
87.266 Duration of liens
Except as provided in subsection (2) of this section, if either a suit to foreclose or a proceeding under ORS 87.272 to 87.306 to foreclose a lien created by ORS 87.216 to 87.232 is not commenced in an appropriate court within six months after the notice of claim of lien is filed under ORS 87.242, or if extended payment is provided and the terms thereof are …
87.270 [Repealed by 1975 c.648 §72]
87.272 Petition for foreclosure without suit
A person claiming a lien created by ORS 87.216 to 87.232 may obtain an order for the foreclosure of the lien by advertisement and sale by filing with the clerk of the court of the county in which the chattel is then located and from which that order is sought a sworn petition requesting an order for foreclosure of the lien by advertisement and sale and showi…
87.275 [Repealed by 1975 c.648 §72]
87.276 Evidence admissible; issuance of show cause order
The court shall consider the petition filed under ORS 87.272 and may consider other evidence, including, but not limited to, an affidavit, deposition, exhibit or oral testimony. If from the petition or other evidence, if any, the court finds that a notice of claim of lien has been filed and that there is probable cause for sustaining the validity of the lie…
87.280 [Repealed by 1975 c.648 §72]
87.282 Waiver of right to hearing before filing of petition
The court shall order that the lien claimant’s lien be foreclosed by advertisement and sale if the court finds: That the lien debtor, by conspicuous words in a writing executed by or on behalf of the lien debtor before filing of the petition under ORS 87.272 or by handwriting of the lien debtor or the lien debtor’s agent executed before filing of the petiti…
87.285 [Repealed by 1975 c.648 §72]
87.286 [Repealed by 1975 c.648 §72]
87.288 Show cause order; contents; service
The court shall issue an order directed to the lien debtor and each person having possession or control of the chattel subject to the lien requiring the debtor and each other person to appear for hearing at a time and place fixed by the court to show cause why an order for the foreclosure of the lien claimant’s lien by advertisement and sale should not issue…
87.290 [Repealed by 1969 c.330 §9]
87.292 [1969 c.330 §1; 1973 c.472 §1; repealed by 1975 c.648 §72]
87.294 [1969 c.330 §2; 1973 c.472 §2; 1973 c.647 §11; repealed by 1975 c.648 §72]
87.295 [Amended by 1969 c.330 §3; 1973 c.472 §3; repealed by 1975 c.648 §72]
87.296 Waiver of right to hearing after issuance of show cause order
If, after service of the order issued under ORS 87.288 (1), the lien debtor by a writing executed by or on behalf of the lien debtor after service of the order expressly declares that the lien debtor is aware that the lien debtor has the right to be heard, that the lien debtor does not want to be heard, that the lien debtor expressly waives the right to be h…
87.300 [Amended by 1969 c.330 §4; 1973 c.472 §4; repealed by 1975 c.648 §72]
87.302 Authority of court on sustaining validity of lien claim
If the court on hearing on a show cause order issued under ORS 87.288 (1), finds that there is probable cause for sustaining the validity of the underlying claim of lien, the court may order foreclosure of the lien by advertisement and sale.
87.305 [Repealed by 1975 c.648 §72]
87.306 Foreclosure by sale without suit; notice of sale to secured parties; public notice of sale by sheriff
A lien claimant desiring to foreclose the lien by advertisement and sale shall deliver to the sheriff of the county in which the chattel is then located a certified copy of a court’s order issued under ORS 87.282, 87.296 or 87.302 and a copy of the notice of claim of lien, certified by the recording officer of the county where it was filed. When the lien cl…
87.310 [Amended by 1969 c.330 §5; repealed by 1975 c.648 §72]
87.312 Effect of notice of foreclosure sale to secured parties; failure to give notice
A person who claims a lien or has a security interest in a chattel to be sold at a foreclosure sale and who is notified under ORS 87.306 (2) may discharge the foreclosing lien claimant’s lien and preserve the security interest or lien claim of the person by paying the foreclosing lien claimant the amount of the lien claim and the expenses actually incurred i…
87.315 [Amended by 1969 c.330 §6; repealed by 1975 c.648 §72]
87.316 Disposition of proceeds of foreclosure sale
The proceeds of a sale to foreclose a lien created by ORS 87.216 to 87.232 shall first be applied to the payment of the expenses incurred by the sheriff in obtaining possession of the chattel and advertising and conducting the foreclosure sale, and secondly to the discharge of the lien. After the payment of expenses and the discharge of the lien, any amount…
87.320 [Amended by 1969 c.330 §7; repealed by 1975 c.648 §72]
87.322 Effect of prior security interest on foreclosure of nonpossessory lien for labor or material expended on chattel
ORS 87.272 to 87.316 do not apply to a lien on a chattel created by ORS 87.216 when that chattel is subject to a prior duly perfected security interest as provided in ORS 87.146 (1)(d). When a lien created by ORS 87.216 is junior and subordinate to a prior duly perfected security interest, that lien shall be foreclosed by suit under ORS chapter 88. In such a…
87.325 [Amended by 1973 c.472 §5; repealed by 1975 c.648 §72]
87.326 Protection from theft and damage of chattel subject to lien
If the property covered by any lien created by ORS 87.216 to 87.232 is in danger of being stolen, damaged or removed from this state, the circuit court for the county in which the lien is filed upon application of the lien claimant, shall appoint the sheriff of such county receiver of the property covered by the lien, and the sheriff shall immediately take a…
87.330 [Repealed by 1975 c.648 §72]
87.332 Injury or removal of chattel subject to lien
Except for a person holding a prior duly perfected security interest in a chattel subject to a lien created by ORS 87.216, any person to whom a notice of claim of lien has been given as provided in ORS 87.242, 87.252 and 87.306 who dismantles, removes from this state, misdelivers or conceals a chattel or the proceeds of the sale of a chattel upon which there…
87.335 [Repealed by 1975 c.648 §72]
87.336 Costs and attorney fees in foreclosure by suit
In suits to foreclose the liens created by ORS 87.216 to 87.232, the court shall, upon entering judgment for the lien claimant, allow as part of the lien the moneys paid for the filing or recording of the lien as provided in ORS 87.910. The court shall also allow reasonable attorney fees at trial and on appeal to the prevailing party.
87.340 [Repealed by 1975 c.648 §72]
87.342 Bond, letter of credit or deposit of money to discharge lien on chattel; amount; recording; notice to lien claimant
The owner of a chattel subject to a lien created by ORS 87.216 to 87.232, or any other interested person, may file with the recording officer of the county in whose office the claim of lien is filed a bond executed by a corporation authorized to issue surety bonds in the State of Oregon to the effect that the owner of the chattel against which the lien is cl…
87.345 [Repealed by 1975 c.648 §72]
87.346 Filing certificate of lien satisfaction upon payment of claim; liability for failure to discharge lien; notice of discharge
When a person claiming a lien under ORS 87.216 to 87.232 receives full payment of the claim including costs of making, filing and recording the lien and expenses incurred in commencing to foreclose it, the person shall file with the Secretary of State or the recording officer of the county in which the claim of lien is recorded a certificate declaring that f…
87.350 [Repealed by 1975 c.648 §72]
LIENS ON REAL PROPERTY
87.352 Mining labor and material lien
A person has a lien upon a mine or an improvement to secure payment for labor performed or materials furnished if that person: Performs labor upon or furnishes provisions or materials for the development, working or operation of a mine, improvement or excavation; Performs labor or furnishes materials in transporting materials or provisions for the use, wor…
87.355 [Repealed by 1975 c.648 §72]
87.356 Lien for preparing land for irrigation or cultivation
A person who is employed to or contracts to survey, clear, ditch, dike, tile, level, check, border, excavate, grade, pave or otherwise prepare land for irrigation or cultivation, or who furnishes materials or equipment for use in connection with such work on that land, at the request of the owner of the land, has a lien on the land prepared for the reasonabl…
87.358 Nurseryman’s lien
A person who furnishes nursery stock of the value or agreed price of $25 or more, for planting on land, at the request of the owner of that land, or with the knowledge or consent of the owner has a lien on the land upon which the nursery stock is set out and planted for the reasonable or agreed charges for the nursery stock. If the owner has less than a fee …
87.360 [Repealed by 1975 c.648 §72]
87.362 Irrigation power lien
An electric cooperative or electric utility that supplies electricity to the owner of land for the purpose of providing power for the irrigation of the land has a lien upon that land, any part of which is irrigated using such electricity, for the cost of the electricity so supplied. If the owner has less than a fee simple estate in such land, then only the i…
87.364 Attachment of liens
The liens created by ORS 87.352 to 87.358 attach to the land, mine or improvement described in those sections on the day on which the lien claimant ceases to perform the labor or transport or furnish the materials or provisions for which the lien is claimed. The lien created by ORS 87.362, attaches to the land described in that section on the day of the fir…
87.365 [Repealed by 1975 c.648 §72]
87.366 Filing notice of claim of lien; contents of notice; effect of failure to file notice
A person claiming a lien created by ORS 87.352 to 87.362 shall file a written notice of claim of lien not later than 120 days after the lien attaches with the recording officer of each county where there is situated any land sought to be charged with the lien. The notice of claim of lien required under subsection (1) of this section must be a statement in w…
87.370 [Repealed by 1975 c.648 §72]
87.372 Recording
The recording officer of the county shall record the notices filed under ORS 87.366 in a book kept for that purpose. The record shall be indexed in the same manner as the record of deeds and mortgages.
87.375 [Repealed by 1975 c.648 §72]
87.376 Duration of liens
If a suit to foreclose a lien created by ORS 87.352 to 87.362 is not brought in an appropriate court within six months after the notice of claim of lien, within six months after the expiration of such extended payment, the lien shall cease to exist. A lien shall not be continued in force for a longer time than two years from the time the claim for lien is fi…
87.380 [Repealed by 1975 c.648 §72]
87.382 Foreclosure
The liens described in ORS 87.352 to 87.362 shall be foreclosed in the manner provided in ORS chapter 88.
87.385 [Repealed by 1975 c.648 §72]
87.386 Costs and attorney fees in foreclosure
In suits to foreclose a lien created by ORS 87.352 to 87.362, the court, upon entering judgment for the lien claimant, shall allow as part of the lien all moneys paid for the filing or recording of the lien as provided in ORS 87.910. In suits to foreclose a lien created by ORS 87.352 to 87.362, the court shall allow reasonable attorney fees at trial and on …
87.390 [Repealed by 1975 c.648 §72]
87.392 Priorities of liens
Except for any property tax liens, the lien created by ORS 87.352 is prior and superior to all other liens, mortgages and encumbrances against the land upon which the lien is imposed without regard to whether the other liens, mortgages, or encumbrances attached to the land before or after the lien created by ORS 87.352 attached. Except for tax liens, assess…
87.395 [Repealed by 1975 c.648 §72]
87.400 [Amended by 1959 c.340 §1; repealed by 1969 c.330 §9]
87.405 [Repealed by 1969 c.330 §9]
87.410 [Amended by 1959 c.340 §2; repealed by 1969 c.330 §9]
87.415 [Repealed by 1969 c.330 §9]
87.420 [Repealed by 1969 c.330 §9]
87.425 [Repealed by 1969 c.330 §9]
LIEN OF ATTORNEY OR OTHER LICENSEE OF BAR
87.430 Possessory lien of attorney or other licensee of bar
An attorney or other licensee of the Oregon State Bar licensed to practice law has a lien for compensation whether specially agreed upon or implied, upon all papers, personal property and money of the client in the possession of the attorney or licensee for services rendered to the client. The attorney or licensee may retain the papers, personal property and…
87.435 Bond, letter of credit or deposit of money to discharge possessory lien; recording; notice
The owner of papers or personal property subject to a lien created by ORS 87.430, or any other interested person, may file with the recording officer of the county in which the attorney or other licensee of the Oregon State Bar licensed to practice law has the attorney’s or licensee’s principal office a bond executed by a corporation authorized to issue sure…
87.440 Determination of adequacy of bond or letter of credit
If an attorney or other licensee of the Oregon State Bar licensed to practice law considers the bond filed with a recording officer or the irrevocable letter of credit deposited with the treasurer of a county inadequate to protect the claim of the attorney or licensee for lien for some reason other than the amount of the bond or irrevocable letter of credit,…
87.445 Lien upon actions and judgments
An attorney or other licensee of the Oregon State Bar licensed to practice law has a lien upon actions, suits and proceedings after the commencement thereof, and judgments, orders and awards entered therein in the client’s favor and the proceeds thereof to the extent of fees and compensation specially agreed upon with the client, or if there is no agreement,…
87.450 Filing notice of claim of lien on judgment for sum of money
When an attorney or other licensee of the Oregon State Bar licensed to practice law claims a lien under ORS 87.445, if the judgment is for a sum of money only, the attorney or licensee must file a notice of claim of lien with the clerk of the court that entered the judgment within three years after the judgment is entered. The clerk shall enter the notice in…
87.455 Filing notice of claim of lien on judgment for possession of personal property; recording; foreclosure
When an attorney or other licensee of the Oregon State Bar licensed to practice law claims a lien under ORS 87.445, if the judgment is for the possession, award or transfer of personal property, the attorney or licensee must file a notice of claim of lien not later than one year after entry of the judgment and disposition of any appeal of the judgment. The n…
87.460 Filing of notice of claim of lien on judgment for possession of real property; recording; foreclosure
When an attorney or other licensee of the Oregon State Bar licensed to practice law claims a lien under ORS 87.445, if the judgment is for the possession, award or conveyance of real property, the attorney or licensee must file a notice of claim of lien not later than six months after entry of the judgment and disposition of any appeal of the judgment. The n…
87.465 Effect of failure to file notice of claim of lien; effect of failure to foreclose
If the notice of claim of lien is not filed within the time required by ORS 87.450, 87.455 or 87.460 or if the lien is not foreclosed within the time required by ORS 87.455 or 87.460, the lien created by ORS 87.445 shall cease to exist.
87.470 Contents of notice of claim of lien
The notice of claim of lien required under ORS 87.450 to 87.460 shall be a statement in writing verified by the oath of the attorney and must contain: A statement of the attorney’s demand, including the amount of the fee or compensation of the attorney; The name of the case in which the judgment was entered, the date on which the judgment was entered in th…
87.475 Effect of settlement on lien; satisfaction of judgment
Except as provided in subsections (3) and (4) of this section, the lien created by ORS 87.445 is not affected by a settlement between the parties to the action, suit or proceeding before or after judgment, order or award. Except as provided in subsections (3) and (4) of this section, a party to the action, suit or proceeding, or any other person, does not h…
87.480 Attorney’s right and power over actions and judgments
Attorneys have the same right and power over actions, suits, proceedings, judgments, orders and awards to enforce their liens as their clients have for the amount due thereon to them.
87.485 Attorney fees
In suits to foreclose a lien created by ORS 87.445, the court shall allow a reasonable amount as attorney fees at trial and on appeal to the prevailing party.
87.490 Priority of lien upon actions and judgments
Except for tax liens, prior encumbrances and prior liens of record on the real or personal property subject to the lien created by ORS 87.445, the lien created by ORS 87.445 is superior to all other liens, including a lien created by ORS 147.285. When the lien of an attorney created under ORS 87.445 attaches to a judgment allowing or enforcing a client’s li…
87.495 [Repealed by 1975 c.648 §55 (87.430 to 87.490 enacted in lieu of 87.495)]
87.500 [Repealed by 1975 c.648 §72]
LIEN FOR LONG TERM CARE
87.501 Definitions for ORS 87.501 to 87.542
As used in ORS 87.501 to 87.542, unless the context requires otherwise: “Authorized representative” means a person appointed under ORS chapter 125 as a guardian or conservator of an individual and any other person holding funds or receiving benefits or income on behalf of an individual. “Care” means all the services rendered in a long term care facility, i…
87.503 Lien for long term care; statement concerning lien to be given to care recipient
When an individual receives care at a long term care facility under a written contract that does not violate state or federal law, the individual receiving the care, and upon the death of such individual, the decedent’s estate of that individual, is liable for the contracted costs of care. The individual receiving care and any authorized representative shall…
87.505 [Repealed by 1975 c.648 §72]
87.507 Perfecting lien; notice of lien; serving notice of lien; time to perfect lien
In order to perfect a lien created by ORS 87.503, a long term care facility shall: File a notice of lien with the recording officer of the county or counties in which the real property is located; and Serve a certified copy of the notice of lien by registered or certified mail upon the individual or the authorized representative of the individual. A perso…
87.510 [Repealed by 1975 c.648 §72]
87.512 Contents of notice of lien
The notice of lien required under ORS 87.507 shall be a written statement verified by the oath of an officer of the long term care facility that asserts a claim for the lien and that contains: A true statement of demand, including an itemized statement of services provided and setting forth the amount due and owing to the long term care facility as of the d…
87.515 [Amended by 1957 c.420 §1; 1959 c.521 §1; repealed by 1975 c.648 §72]
87.517 Recording notice of lien
The recording officer of the county shall record the notices filed under ORS 87.507 in the statutory lien record. Note: See note under 87.501.
87.522 Foreclosure of lien; attorney fees
A lien created by ORS 87.503 may be foreclosed by an action in the circuit court in accordance with ORS chapter 88. In a suit to foreclose a lien created by ORS 87.503, the court, upon entering judgment for the lien claimant, shall allow as part of the lien the moneys paid for the recording of the notice of lien under ORS 87.517. The court shall also allow r…
87.525 [Repealed by 1975 c.648 §72]
87.527 Limitations on property subject to lien
Notwithstanding ORS 87.503 (1): A lien created by ORS 87.503 on the home of a living individual who received care may not be foreclosed for as long as any of the following individuals reside in the home: The individual who received care. The spouse of the individual. A child of the individual, if the child is a minor or has a disability. A sibling of th…
87.530 [Repealed by 1975 c.648 §72]
87.533 Assets and income that are exempt from lien
A lien created by ORS 87.503 shall not be enforced so as to interfere with: Any assets or income allowed to the community spouse or dependent family member under 42 U.S.C. 1396r-5(d) or any rule of the Department of Human Services or the Oregon Health Authority. The priority given to the recovery of medical assistance payments under ORS 115.125 (1)(j) or (…
87.535 [Amended by 1957 c.684 §1; 1971 c.177 §1; repealed by 1975 c.648 §72]
87.537 Duration of lien
Except as provided in subsection (2) of this section, if a suit to foreclose a lien created by ORS 87.503 is not commenced in an appropriate court within the 180-day period immediately following the date on which the lien is perfected under ORS 87.507, the lien shall cease to exist. Any period of time during which a lien created by ORS 87.503 may not be for…
87.539 Discharge or release of lien claim; recordation; penalty for failure to discharge or release lien claim
When a long term care facility receives payment from an individual, an individual’s estate, the State of Oregon or any other source for the care claimed in a notice of lien filed under ORS 87.507, the long term care facility shall file with the recording officer of the county in which the notice of lien was filed a certificate declaring that payment has been…
87.540 [Amended by 1957 c.684 §2; repealed by 1975 c.648 §72]
87.542 Priority of lien
A lien created under ORS 87.503 shall have priority from the date of its perfection and shall be subordinate and inferior to any other lien, mortgage, trust deed or other encumbrance that attached to the real property or was recorded prior to the recording of the notice of lien under ORS 87.507. Except for property tax liens, the lien created by ORS 87.503 s…
87.545 [Repealed by 1975 c.648 §72]
87.550 [Repealed by 1957 c.684 §3 (87.551 enacted in lieu of 87.550)]
87.551 [1957 c.684 §4 (enacted in lieu of 87.550); repealed by 1975 c.648 §72]
MEDICAL SERVICES LIEN
87.555 Hospitals, physicians, physician associates and nurse practitioners as lien claimants
Except as otherwise provided by law, whenever any person receives hospitalization or medical treatment on account of any injury, and the person, or the personal representative of the person after the death of the person, claims damages from the person causing the injury, then the hospital or any physician licensed under ORS chapter 677, physician associate l…
87.560 Limitations on extent of lien
No lien under ORS 87.555 (1) shall be allowed: For hospitalization and treatment from a physician, physician associate or nurse practitioner rendered after a settlement has been effected by or on behalf of the party causing the injury; Against any sum for necessary attorney fees, costs and expenses incurred by the injured party in securing a settlement, co…
87.565 Notice of lien required
In order to perfect a lien under ORS 87.555 (1), a hospital, an owner or operator of a hospital, a physician, a physician associate or a nurse practitioner shall: Not later than 30 days after the discharge of the patient from the hospital, file a notice of lien substantially in the form prescribed in ORS 87.570, containing a statement of the amount claimed,…
87.570 Form of notice
The form of the notice required by ORS 87.565 shall be substantially as follows: ______________________________________________________________________________ Notice is hereby given that ______ has rendered hospitalization services or medical treatment for ______, a person who was injured on the ___ day of ______ in the city of ______, county of ______, S…
87.575 Lien docket
Each recording officer shall maintain a lien docket in which, upon the filing of a notice of lien, the recording officer shall enter the name of the injured person, the approximate date of the hospitalization services or medical treatment, the name and address of the hospital filing the notice and the amount claimed and the name and address of the physician,…
87.580 [Amended by 1989 c.727 §6; repealed by 1999 c.146 §6 (87.581 enacted in lieu of 87.580)]
87.581 Liability of person or insurer to hospital, physician, physician associate or nurse practitioner; conditions; deadline for filing claim
A person or insurer shall be liable to a hospital and physician, physician associate or nurse practitioner for the reasonable value of hospitalization services and medical treatment rendered out of the moneys due under any payment, award, judgment, settlement or compromise, after paying the attorney fees, costs and expenses incurred in connection therewith, …
87.585 Foreclosure
The liens described in ORS 87.555 may be foreclosed by a suit in the circuit court. In any suit brought pursuant to the provisions of ORS 87.581 or this section, upon entering a judgment for the plaintiff, the court shall allow as part of the costs and disbursements all moneys paid for the filing and recording of the notice of lien, and reasonable attorney f…
87.590 [Repealed by 1975 c.648 §72]
87.595 [Repealed by 1975 c.648 §72]
87.600 [Repealed by 1975 c.648 §72]
AMBULANCE SERVICES LIEN
87.603 Definitions for ORS 87.603 to 87.633
As used in ORS 87.603 to 87.633, unless the context requires otherwise: “Ambulance” has the meaning given that term in ORS 682.025. “Ambulance services” includes the transportation of an individual who is ill or injured or who has a disability in an ambulance and the administration of medical or emergency care, if necessary, while the individual is being t…
87.605 [Amended by 1955 c.136 §1; repealed by 1975 c.648 §72]
87.607 Ambulance services lien
When an individual receives ambulance services provided by any person or governmental unit, if the individual has a contract providing for indemnity or compensation for the sum incurred for those services, the person or governmental unit providing the ambulance services has a lien upon the amount payable under the contract. The party obligated to make reimbu…
87.610 [Repealed by 1975 c.648 §72]
87.613 Notice of lien required
In order to perfect the lien described in ORS 87.607, the person or an officer of the governmental unit that provided the ambulance services shall: Not later than 15 days after providing the ambulance services, file a notice of lien with the recording officer of the county in which the individual who received the ambulance services resides; and Prior to th…
87.615 [Repealed by 1975 c.648 §72]
87.617 Form of notice; contents
The notice of lien required under ORS 87.613 shall be a statement in writing verified by the oath of the person or an officer of the governmental unit asserting the lien claim and must contain: A true statement of demand, after deducting all credits and offsets; The name of the individual who received ambulance services; An itemized statement of the ambul…
87.620 [Repealed by 1975 c.648 §72]
87.623 Notices recorded in lien docket
The recording officer of the county shall record the notices filed under ORS 87.613 in the lien docket maintained under ORS 87.575.
87.625 [Repealed by 1975 c.648 §72]
87.627 Payment after notice of lien; liability to provider of services; exception
Except as provided in subsection (2) of this section, when an insurer or health care service contractor receives a certified copy of a notice of lien from a person or governmental unit under ORS 87.613, if the insurer or health care service contractor makes any payment to the individual named in the notice without paying the person or governmental unit the a…
87.630 [Repealed by 1975 c.648 §72]
87.633 Foreclosure
The lien described in ORS 87.607 may be foreclosed by a suit in the circuit court.
87.635 [Repealed by 1975 c.648 §72]
87.640 [Repealed by 1975 c.648 §72]
87.645 [Repealed by 1975 c.648 §72]
87.650 [Repealed by 1975 c.648 §72]
87.655 [Repealed by 1975 c.648 §72]
87.660 [Repealed by 1975 c.648 §72]
87.665 [Repealed by 1975 c.648 §72]
87.670 [Repealed by 1975 c.648 §72]
87.675 [Repealed by 1975 c.648 §72]
SELF-SERVICE STORAGE FACILITY LIEN
87.685 Definitions for ORS 87.685 to 87.695
As used in ORS 87.685 to 87.695: “Default” means a failure to perform in a timely manner any obligation or duty set forth in a rental agreement. “Last known address” means a physical or electronic mail address that an occupant provided in the latest rental agreement or the physical or electronic mail address the occupant provided in a subsequent written no…
87.686 Rental agreement; statement of insurance held by owner
A rental agreement must state whether the owner holds an insurance policy that protects personal property that is stored at the self-service storage facility identified in the rental agreement. If the owner holds an insurance policy that protects personal property stored at the self-service storage facility, the rental agreement must describe the nature of …
87.687 Self-service storage facility owner’s possessory lien; attachment of lien; priority of lien
The owner of a self-service storage facility has a lien upon all personal property, whether or not owned by the occupant, that is located in a specified storage space rented by an occupant at the facility to secure payment for rent, reasonable or agreed charges for labor, materials or other services provided by the owner at the request of the occupant, expen…
87.689 Notice of foreclosure and sale
An owner may foreclose a lien created by ORS 87.687 upon the occupant’s default. Before an owner may foreclose by sale a lien created by ORS 87.687, the owner shall notify the occupant of the foreclosure and sale by sending registered or certified mail or other verified mail to the occupant’s last known address or by sending electronic mail to the occupant’…
87.691 Sale of property subject to lien; advertisement of sale; treatment of vehicles, trailers and watercraft; satisfaction of lien before sale; use of sale proceeds
After the time specified in the notice given under ORS 87.689 expires, if the owner determines, based on the owner’s previous experience, that the personal property subject to the lien created by ORS 87.687 has a value of $1,000 or less, the owner may dispose of the property at the owner’s sole discretion. After the time specified in the notice given under …
87.693 ORS 87.687 as exclusive law for creating lien; exception
Except as provided in subsection (2) of this section, ORS 87.687 is the sole and exclusive statute creating a lien applicable to personal property in self-service storage facilities. If a motor vehicle is stored or parked at a self-service storage facility, upon default, the owner may proceed as an owner of a parking facility under ORS 98.810 to 98.818.
87.694 Late fee; requirements
An owner may charge and collect a reasonable fee for an occupant’s late payment of rent due for use of an individual storage space in a self-service storage facility. The rental agreement must specify the amount of the fee and the date on which the owner may charge the fee. The owner may charge the fee once in each month in which the occupant fails to pay th…
87.695 Short title
ORS 87.685 to 87.695 shall be known as the Oregon Self-Service Storage Facility Act. AGRICULTURAL PRODUCE LIEN
87.700 Definitions for ORS 87.228 and 87.700 to 87.736
As used in ORS 87.228 and 87.700 to 87.736, unless the context otherwise requires: “Agricultural produce” means horticultural products, viticultural products, fruit, berries, vegetables, hops, mint oil, hazelnuts or other nuts, dairy products, bee products, vermiculture products, hay or straw baled and prepared for market, meat animals and Christmas trees a…
87.705 Agricultural produce lien; date lien attaches
An agricultural producer that delivers or transfers agricultural produce for consideration to a purchaser has a lien for the contract price of that produce, or for the reasonable value of the produce if there is no contract price. The lien created by this section attaches to all agricultural produce, whether in a raw or processed condition, delivered or tran…
87.710 Filing notice of lien; duration of lien; contents of notice; notice to secured parties; effect of failure to give notice to secured parties
A lien created under ORS 87.705 expires no later than the end of the 45th day after the date that the final payment to the agricultural producer is originally due, unless the producer extends the lien as provided in subsection (2) of this section or ORS 87.242. If the agricultural producer extends the lien, the lien expires no later than the 225th day after …
87.715 Priority
Except for tax liens, and except as provided in ORS 87.146 (1)(c) and 87.710 (4), the class of lien created by ORS 87.705 is prior and superior to all other classes of lien or any classes of security interest in the inventory, proceeds or accounts receivable of a purchaser, without regard to whether those other liens or security interests attached to the inv…
87.720 [1973 c.647 §6; 1991 c.230 §22; repealed by 2001 c.301 §25]
87.725 Foreclosure; costs allowable to prevailing plaintiff
The lien created by ORS 87.705 shall be foreclosed in the manner provided by law for the foreclosure of liens generally. In all suits under ORS 87.228 and 87.700 to 87.736, the court shall, upon entering judgment for the plaintiff, allow as a part of the costs all moneys paid for the filing and recording of the lien, and a reasonable amount for attorney fee…
87.730 Expiration of lien for failure to bring timely foreclosure suit
A lien created under ORS 87.705 expires unless suit to foreclose the lien is brought in an appropriate court no later than the 45th day after the date final payment to the agricultural producer is originally due or, if the producer extends the lien by filing a notice of lien under ORS 87.710, no later than the 225th day after the date final payment to the pr…
87.735 Filing certificate of lien satisfaction upon payment for produce; liability of producer for failure to discharge lien
When an agricultural producer receives full payment for agricultural produce, if the producer has filed a notice under ORS 87.710 (2) to extend a lien or under ORS 87.725 to foreclose a lien, the producer shall file with the Secretary of State a certificate declaring that full payment has been received from the purchaser and that the lien is discharged. Upo…
87.736 Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735; fees for filing and for furnishing copies
Notices filed with the Secretary of State under ORS 87.710 and certificates filed with the Secretary of State under ORS 87.735 must be in a form prescribed by the Secretary of State. The Secretary of State shall include the notices and certificates in the index maintained by the secretary for filing financing statements pursuant to ORS chapter 79A. The secre…
87.740 [1973 c.647 §10; 1983 c.740 §7; 1999 c.612 §5; 2001 c.301 §16; renumbered 87.228 in 2001]
GRAIN PRODUCER’S LIEN
87.750 Definitions for ORS 87.750 to 87.777
As used in ORS 87.750 to 87.777, unless the context otherwise requires: “Agricultural producer” means a person that engages in or has engaged in the business of growing or producing grain for market or for delivery or transfer to others owning or holding title to the grain. “Agricultural producer” includes a landowner, producer, landlord, tenant, sharecropp…
87.755 Grain producer’s lien; date lien attaches; priority
An agricultural producer that delivers or transfers grain for consideration has a lien on the inventory of the purchaser and proceeds received by the purchaser from the selling of the inventory. The lien created by subsection (1) of this section attaches to the inventory and proceeds on the date physical possession of the grain is delivered or transferred b…
87.760 [1973 c.145 §2; repealed by 1975 c.648 §72]
87.762 Filing notice of lien; duration of lien; contents of notice; notice to secured parties; effect of failure to give notice to secured parties
A lien created under ORS 87.755 expires no later than the end of the 180th day after the date the lien attaches, unless the agricultural producer extends the lien by filing a notice of lien as provided in this section or by filing a notice of claim of lien under ORS 87.242. If the agricultural producer extends the lien, the lien expires no later than 18 mont…
87.765 [1973 c.145 §3; repealed by 1975 c.648 §72]
87.767 Form of notice; public record; fee
Notices filed with the Secretary of State under ORS 87.750 to 87.777 must be in a form prescribed by the Secretary of State. The Secretary of State shall include the notice of lien that is filed under ORS 87.762 (2) in the index maintained by the secretary for filing financing statements pursuant to ORS chapter 79A. The Secretary of State shall maintain the …
87.770 [1973 c.145 §4; repealed by 1975 c.648 §72]
87.772 Expiration of lien for failure to bring timely foreclosure action; manner of foreclosure
A lien created under ORS 87.755 (1) expires unless suit to foreclose the lien is brought in an appropriate court no later than the 180th day after the date that the lien attaches, or if the agricultural producer extends the lien by filing a notice of lien under ORS 87.762, no later than 18 months after the date the lien attaches. Regardless of whether the l…
87.775 [1973 c.145 §5; repealed by 1975 c.648 §72]
87.777 Filing certificate of lien satisfaction upon payment for grain; liability of producer for failure to discharge lien
If an agricultural producer files a notice of lien under ORS 87.762, when the producer receives full payment for the grain, the producer shall file with the Secretary of State a certificate declaring that full payment has been received and that the lien is discharged. Upon receiving the certificate, the Secretary of State shall enter it in the index maintai…
87.780 [1973 c.145 §6; repealed by 1975 c.648 §72]
87.785 [1973 c.145 §7; repealed by 1975 c.648 §72]
87.790 [1973 c.145 §8; repealed by 1975 c.648 §72]
87.805 [Repealed by 1967 c.445 §1]
UNIFORM FEDERAL TAX LIEN REGISTRATION ACT
87.806 Filing of federal tax liens
Notices of liens, certificates and other notices affecting federal tax liens or other federal liens must be filed in accordance with ORS 87.806 to 87.855. Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the recorder of conveyances, in counties w…
87.810 [Repealed by 1967 c.445 §1]
87.811 Certification of tax lien notices
Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or the delegate of the secretary, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification …
87.815 [Repealed by 1967 c.445 §1]
87.816 Keeping of index and files with respect to tax liens; certification by filing officer; fee; rules
If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) of this section is presented to a filing officer who is: The Secretary of State, the secretary shall cause the notice or refiled notice to be marked, held and indexed in accordance with the provisions of ORS 79A.5190 …
87.820 [Repealed by 1967 c.445 §1]
87.821 Filing and indexing fee; rules
The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is as prescribed by the Secretary of State by rule. The fee described in this subsection shall be nonrefundable. Notwithstanding ORS 205.320, the fees described in subsection (1) of this section may be collected at the time of filing or by deferred billing in a m…
87.825 [Repealed by 1967 c.445 §1]
87.826 Construction
ORS 87.806 to 87.831 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact the Uniform Federal Lien Registration Act.
87.830 [Repealed by 1967 c.445 §1]
87.831 Short title
ORS 87.806 to 87.831 may be cited as the Uniform Federal Lien Registration Act.
87.835 [Repealed by 1967 c.445 §1]
LIEN FOR CONTRIBUTIONS TO EMPLOYEE BENEFIT PLAN
87.855 Lien for contributions to employee benefit plan; priority
Every employer who is required to pay contributions, by agreement or otherwise, into a fund of any employee benefit plan in order that the employer’s employee may participate therein, shall pay such contributions in the required amounts and at the stipulated time or each employee affected thereby shall have a lien on the earnings and on all property used in …
87.860 Filing of claim of lien
The lien claimant under ORS 87.855 (1), or the representative of the claimant, or the trustees of the employee benefit plan fund on the claimant’s behalf, within 60 days after the last delinquent payment becomes due shall file for record with the recording officer of the county wherein the claimant is or was employed by such employer a notice of claim, conta…
87.865 Foreclosure; joinder or consolidation; costs; limitation
The lien described in ORS 87.855 may be enforced by a suit in the circuit court, and shall be governed by the laws regulating the proceedings for the foreclosure of liens generally. Any number of persons claiming liens under ORS 87.855 may join in the same suit, and when separate suits are commenced, the court may consolidate them. The court may also allow …
87.870 Definitions for ORS 87.870 to 87.876
For purposes of ORS 87.870 to 87.876, “customer,” “mold” and “molder” have the meanings given those terms in ORS 98.470.
87.872 Lien for mold created or work performed with mold
If a molder does not retain title to a mold that the molder fabricated, molded, cast or made for a customer or if a molder performs manufacturing, assembly or fabrication work using a mold furnished by a customer, the molder shall have a lien on a mold that is retained by the molder. The amount of the lien shall be equal to the balance due to the molder from…
87.876 Sale of mold
Before a molder may sell a mold pursuant to ORS 87.872, the molder shall notify the customer of the sale by registered mail with return receipt requested. The notice shall include: The molder’s intention to sell the mold 30 days after the customer receives the notice; A description of the mold to be sold; The time and place of the sale; and An itemized s…
87.905 [Repealed by 1961 c.726 §427]
MISCELLANEOUS PROVISIONS
87.910 Cost of preparing lien notice
A person who files a notice or claim of lien under this chapter may add to the amount of the claim, as contained in the notice, the amount of fees actually paid for the recording or filing of the lien notice, and such amount thereupon shall become part of the lien against the property described in the notice.
87.915 [1961 c.518 §§1,3; 1963 c.604 §7; 1969 c.330 §8; repealed by 1975 c.648 §72]
87.920 Recording of document not to create lien, affect title or constitute notice except as authorized by law
Except where filing of the document is specifically required or authorized by statute, no document filed for recording or otherwise with any public officer in this state before or after October 15, 1983, shall create a lien or encumbrance upon or affect the title to the real or personal property of any person or constitute actual or constructive notice to an…
87.930 Secretary of State to furnish list of persons who have filed financing statement
If the Secretary of State receives notice of a lien created under ORS 87.226, 87.705 or 87.755, the Secretary of State, upon request, shall furnish the person who filed the lien with a list of persons who have filed a financing statement under ORS 79A.5010 that perfects a security interest in the inventory, proceeds or accounts receivable of the lien debtor …