Oregon Law
Law as of Jan 1, 2024
Chapter contents
87.001Short title 87.005Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093 87.007Protection from construction liens perfected after sale of residential property completed; requirements; seller options; rules; delivery of form to purchaser; penalty; damages; defenses 87.010Construction liens; who is entitled to lien 87.015Land and interests therein subject to lien; leaseholds 87.018Delivery of notices 87.020[Amended by 1965 c.446 §1; 1967 c.600 §1; 1967 c.602 §1; repealed by 1975 c.466 §6 (87.021 enacted in lieu of 87.020)] 87.021Notice to owners; notice from owner to original contractor; effect of failure to give notice 87.023Notice of right to lien; form of notice 87.025Priority of perfected liens; right to sell improvements separately from land; notice to mortgagee; list of materials or supplies 87.027Right of owner to demand list of services, materials, equipment and labor; penalty for failure to provide list 87.030Effect of owner’s knowledge of improvement; notice of nonresponsibility 87.035Perfecting lien; filing claim of lien; contents of claim 87.036Subcontractor’s perfection of claim of lien; notice; fee; rules 87.037Prohibition against claim of lien 87.039Notice of filing claim of lien; effect of failure to give notice 87.040[Repealed by 1975 c.466 §25] 87.045Completion date of improvement; notice of completion, abandonment or nonabandonment; contents of notice 87.050Recording 87.055Duration of lien; when suit to enforce lien commences 87.057Notice of intent to foreclose; list of materials furnished and statement of prices; effect of failure to give notice 87.058[1981 c.618 §16; 1987 c.662 §12; 1991 c.181 §15; 2001 c.197 §8; 2007 c.793 §2; repealed by 2011 c.630 §53] 87.059[2011 c.630 §56; repealed by 2016 c.99 §15] 87.060Foreclosure; right to jury trial; distribution of proceeds of foreclosure sale 87.065[Amended by 1961 c.609 §2; repealed by 1975 c.466 §25] 87.070Amount of recovery by contractor; respective rights of contractor and owner 87.075Exemption of building materials from attachment by third persons 87.076Bond or deposit of money; amount; demand for release of lien; effect 87.078Notice of filing bond or depositing money; contents of notice; effect of failure to give notice 87.080[Amended by 1967 c.407 §3; repealed by 1975 c.648 §72] 87.081Filing affidavit with county officer 87.082[1967 c.407 §§1,2; repealed by 1975 c.648 §72] 87.083Foreclosure after filing of bond or deposit of money; effect of filing or deposit; disposition of bond or money 87.085[Repealed by 1975 c.648 §72] 87.086Determination of adequacy of bond 87.088Release of lien or return of money 87.089Limitations on actions 87.090[Repealed by 1975 c.648 §72] 87.091[2003 c.778 §9; repealed by 2010 c.77 §9] 87.093Information Notice to Owner; rules; contents; when notice must be delivered; effect of failure to deliver notice; penalty 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] 87.142Definitions for ORS 87.142 to 87.490 and 87.910 87.145[Repealed by 1975 c.648 §72] 87.146Priorities of liens 87.150[Repealed by 1975 c.648 §72] 87.152Possessory lien for labor or material expended on chattel; requirement for surety bond 87.155[Repealed by 1975 c.648 §72] 87.156Innkeeper’s lien 87.159Lien for care of impounded animal; petition for hearing to contest impoundment and lien; court order; waiver 87.160[Repealed by 1975 c.648 §72] 87.162Landlord’s lien 87.165[Repealed by 1975 c.648 §72] 87.166Attachment of liens 87.170[Repealed by 1975 c.648 §72] 87.172Time period before foreclosure allowed 87.175[Repealed by 1975 c.648 §72] 87.176Fees for storage of chattel; notice to lien debtor; effect of failure to comply 87.177Bond or deposit of money for lien for storage of chattel; amount; notice to lien claimant; filing affidavit with county officer 87.178Foreclosure after filing of bond or deposit of money; effect of filing or deposit; disposition of bond or money 87.179Determination of adequacy of bond 87.180[Repealed by 1975 c.648 §72] 87.181Release of lien or return of money 87.182Effect of prior security interest on method of foreclosure 87.185[Repealed by 1975 c.648 §72] 87.186Location of foreclosure sale 87.190[Repealed by 1975 c.648 §72] 87.192Notice of foreclosure sale to lien debtor; public notice 87.195[Repealed by 1975 c.648 §72] 87.196Notice of foreclosure sale to secured parties; effect of notice; effect of failure to give notice 87.200[Repealed by 1975 c.648 §72] 87.202Statement of account of foreclosure sale 87.205[Repealed by 1975 c.648 §72] 87.206Disposition of proceeds of foreclosure sale 87.210[Repealed by 1975 c.648 §72] 87.212Liability for improper sale of fungible chattels 87.214Disposal of property left with launderer or dry cleaner 87.215[Repealed by 1975 c.648 §72] 87.216Nonpossessory lien for labor or material expended on chattel 87.220[Repealed by 1975 c.648 §72] 87.222Logger’s, woodworker’s and timberland owner’s lien 87.225[Repealed by 1975 c.648 §72] 87.226Agricultural services lien 87.228Effect on agricultural services lien when payment for produce is made prior to filing of lien claim 87.230[Repealed by 1975 c.648 §72] 87.232Fishing lien and fish worker’s lien 87.235[Repealed by 1975 c.648 §72] 87.236Attachment of liens; attachment to proceeds 87.240[Repealed by 1975 c.648 §72] 87.242Filing notice of claim of lien; filing deadline; contents of notice; effect of failure to file notice 87.245[Repealed by 1975 c.648 §72] 87.246Recording; fees 87.250[Repealed by 1975 c.648 §72] 87.252Notice to owner and holders of security interests; effect of failure to comply 87.255[Repealed by 1975 c.648 §72] 87.256Limitation on extent of liens 87.260[Repealed by 1975 c.648 §72] 87.262Foreclosure 87.265[Repealed by 1975 c.648 §72] 87.266Duration of liens 87.270[Repealed by 1975 c.648 §72] 87.272Petition for foreclosure without suit 87.275[Repealed by 1975 c.648 §72] 87.276Evidence admissible; issuance of show cause order 87.280[Repealed by 1975 c.648 §72] 87.282Waiver of right to hearing before filing of petition 87.285[Repealed by 1975 c.648 §72] 87.286[Repealed by 1975 c.648 §72] 87.288Show cause order; contents; service 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] 87.296Waiver of right to hearing after issuance of show cause order 87.300[Amended by 1969 c.330 §4; 1973 c.472 §4; repealed by 1975 c.648 §72] 87.302Authority of court on sustaining validity of lien claim 87.305[Repealed by 1975 c.648 §72] 87.306Foreclosure by sale without suit; notice of sale to secured parties; public notice of sale by sheriff 87.310[Amended by 1969 c.330 §5; repealed by 1975 c.648 §72] 87.312Effect of notice of foreclosure sale to secured parties; failure to give notice 87.315[Amended by 1969 c.330 §6; repealed by 1975 c.648 §72] 87.316Disposition of proceeds of foreclosure sale 87.320[Amended by 1969 c.330 §7; repealed by 1975 c.648 §72] 87.322Effect of prior security interest on foreclosure of nonpossessory lien for labor or material expended on chattel 87.325[Amended by 1973 c.472 §5; repealed by 1975 c.648 §72] 87.326Protection from theft and damage of chattel subject to lien 87.330[Repealed by 1975 c.648 §72] 87.332Injury or removal of chattel subject to lien 87.335[Repealed by 1975 c.648 §72] 87.336Costs and attorney fees in foreclosure by suit 87.340[Repealed by 1975 c.648 §72] 87.342Bond, letter of credit or deposit of money to discharge lien on chattel; amount; recording; notice to lien claimant 87.345[Repealed by 1975 c.648 §72] 87.346Filing certificate of lien satisfaction upon payment of claim; liability for failure to discharge lien; notice of discharge 87.350[Repealed by 1975 c.648 §72] 87.352Mining labor and material lien 87.355[Repealed by 1975 c.648 §72] 87.356Lien for preparing land for irrigation or cultivation 87.358Nurseryman’s lien 87.360[Repealed by 1975 c.648 §72] 87.362Irrigation power lien 87.364Attachment of liens 87.365[Repealed by 1975 c.648 §72] 87.366Filing notice of claim of lien; contents of notice; effect of failure to file notice 87.370[Repealed by 1975 c.648 §72] 87.372Recording 87.375[Repealed by 1975 c.648 §72] 87.376Duration of liens 87.380[Repealed by 1975 c.648 §72] 87.382Foreclosure 87.385[Repealed by 1975 c.648 §72] 87.386Costs and attorney fees in foreclosure 87.390[Repealed by 1975 c.648 §72] 87.392Priorities of liens 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] 87.430Possessory lien of attorney or other member of bar 87.435Bond, letter of credit or deposit of money to discharge possessory lien; recording; notice 87.440Determination of adequacy of bond or letter of credit 87.445Lien upon actions and judgments 87.450Filing notice of claim of lien on judgment for sum of money 87.455Filing notice of claim of lien on judgment for possession of personal property; recording; foreclosure 87.460Filing of notice of claim of lien on judgment for possession of real property; recording; foreclosure 87.465Effect of failure to file notice of claim of lien; effect of failure to foreclose 87.470Contents of notice of claim of lien 87.475Effect of settlement on lien; satisfaction of judgment 87.480Attorney’s right and power over actions and judgments 87.485Attorney fees 87.490Priority of lien upon actions and judgments 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] 87.501Definitions for ORS 87.501 to 87.542 87.503Lien for long term care; statement concerning lien to be given to care recipient 87.505[Repealed by 1975 c.648 §72] 87.507Perfecting lien; notice of lien; serving notice of lien; time to perfect lien 87.510[Repealed by 1975 c.648 §72] 87.512Contents of notice of lien 87.515[Amended by 1957 c.420 §1; 1959 c.521 §1; repealed by 1975 c.648 §72] 87.517Recording notice of lien 87.522Foreclosure of lien; attorney fees 87.525[Repealed by 1975 c.648 §72] 87.527Limitations on property subject to lien 87.530[Repealed by 1975 c.648 §72] 87.533Assets and income that are exempt from lien 87.535[Amended by 1957 c.684 §1; 1971 c.177 §1; repealed by 1975 c.648 §72] 87.537Duration of lien 87.539Discharge or release of lien claim; recordation; penalty for failure to discharge or release lien claim 87.540[Amended by 1957 c.684 §2; repealed by 1975 c.648 §72] 87.542Priority of lien 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] 87.555Hospitals, physicians, physician assistants and nurse practitioners as lien claimants 87.560Limitations on extent of lien 87.565Notice of lien required 87.570Form of notice 87.575Lien docket 87.580[Amended by 1989 c.727 §6; repealed by 1999 c.146 §6 (87.581 enacted in lieu of 87.580)] 87.581Liability of person or insurer to hospital, physician, physician assistant or nurse practitioner; conditions; deadline for filing claim 87.585Foreclosure 87.590[Repealed by 1975 c.648 §72] 87.595[Repealed by 1975 c.648 §72] 87.600[Repealed by 1975 c.648 §72] 87.603Definitions for ORS 87.603 to 87.633 87.605[Amended by 1955 c.136 §1; repealed by 1975 c.648 §72] 87.607Ambulance services lien 87.610[Repealed by 1975 c.648 §72] 87.613Notice of lien required 87.615[Repealed by 1975 c.648 §72] 87.617Form of notice; contents 87.620[Repealed by 1975 c.648 §72] 87.623Notices recorded in lien docket 87.625[Repealed by 1975 c.648 §72] 87.627Payment after notice of lien; liability to provider of services; exception 87.630[Repealed by 1975 c.648 §72] 87.633Foreclosure 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] 87.685Definitions for ORS 87.685 to 87.695 87.686Rental agreement; statement of insurance held by owner 87.687Self-service storage facility owner’s possessory lien; attachment of lien; priority of lien 87.689Notice of foreclosure and sale 87.691Sale of property subject to lien; advertisement of sale; treatment of vehicles, trailers and watercraft; satisfaction of lien before sale; use of sale proceeds 87.693ORS 87.687 as exclusive law for creating lien; exception 87.694Late fee; requirements 87.695Short title 87.700Definitions for ORS 87.228 and 87.700 to 87.736 87.705Agricultural produce lien; date lien attaches 87.710Filing notice of lien; duration of lien; contents of notice; notice to secured parties; effect of failure to give notice to secured parties 87.715Priority 87.720[1973 c.647 §6; 1991 c.230 §22; repealed by 2001 c.301 §25] 87.725Foreclosure; costs allowable to prevailing plaintiff 87.730Expiration of lien for failure to bring timely foreclosure suit 87.735Filing certificate of lien satisfaction upon payment for produce; liability of producer for failure to discharge lien 87.736Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735; fees for filing and for furnishing copies 87.740[1973 c.647 §10; 1983 c.740 §7; 1999 c.612 §5; 2001 c.301 §16; renumbered 87.228 in 2001] 87.750Definitions for ORS 87.750 to 87.777 87.755Grain producer’s lien; date lien attaches; priority 87.760[1973 c.145 §2; repealed by 1975 c.648 §72] 87.762Filing notice of lien; duration of lien; contents of notice; notice to secured parties; effect of failure to give notice to secured parties 87.765[1973 c.145 §3; repealed by 1975 c.648 §72] 87.767Form of notice; public record; fee 87.770[1973 c.145 §4; repealed by 1975 c.648 §72] 87.772Expiration of lien for failure to bring timely foreclosure action; manner of foreclosure 87.775[1973 c.145 §5; repealed by 1975 c.648 §72] 87.777Filing certificate of lien satisfaction upon payment for grain; liability of producer for failure to discharge lien 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] 87.806Filing of federal tax liens 87.810[Repealed by 1967 c.445 §1] 87.811Certification of tax lien notices 87.815[Repealed by 1967 c.445 §1] 87.816Keeping of index and files with respect to tax liens; certification by filing officer; fee; rules 87.820[Repealed by 1967 c.445 §1] 87.821Filing and indexing fee; rules 87.825[Repealed by 1967 c.445 §1] 87.826Construction 87.830[Repealed by 1967 c.445 §1] 87.831Short title 87.835[Repealed by 1967 c.445 §1] 87.855Lien for contributions to employee benefit plan; priority 87.860Filing of claim of lien 87.865Foreclosure; joinder or consolidation; costs; limitation 87.870Definitions for ORS 87.870 to 87.876 87.872Lien for mold created or work performed with mold 87.876Sale of mold 87.905[Repealed by 1961 c.726 §427] 87.910Cost of preparing lien notice 87.915[1961 c.518 §§1,3; 1963 c.604 §7; 1969 c.330 §8; repealed by 1975 c.648 §72] 87.920Recording of document not to create lien, affect title or constitute notice except as authorized by law 87.930Secretary of State to furnish list of persons who have filed financing statement

Chapter 87 — Statutory Liens

ORS 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 Revised Statutes for further explanation.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.