There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 2, Chapters 56 - 89
ORS Chapter 87
- 87.001 Short title.
- 87.005 Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093.
- 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.
- 87.010 Construction liens; who is entitled to lien.
- 87.015 Land and interests therein subject to lien; leaseholds.
- 87.018 Delivery 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- 87.020 [Amended by 1965 c.446 1; 1967 c.600 1; 1967 c.602 1; repealed by 1975 c.466 6 (87.021 enacted in lieu of 87.020)]
- 87.021 Notice to owners; notice from owner to original contractor; effect of failure to give notice.
- 87.023 Notice of right to lien; form of notice.
- 87.025 Priority of perfected liens; right to sell improvements separately from land; notice to mortgagee; list of materials or supplies.
- 87.027 Right of owner to demand list of services, materials, equipment and labor; penalty for failure to provide list.
- 87.030 Effect of owner s knowledge of improvement; notice of nonresponsibility.
- 87.035 Perfecting lien; filing claim of lien; contents of claim.
- 87.036 Subcontractor s perfection of claim of lien; notice; fee; rules.
- Note: 87.036 was added to and made a part of the Construction Lien Law by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 87.037 Prohibition against claim of lien.
- 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.
- 87.039 Notice of filing claim of lien; effect of failure to give notice.
- 87.040 [Repealed by 1975 c.466 25]
- 87.045 Completion date of improvement; notice of completion, abandonment or nonabandonment; contents of notice.
- 87.050 Recording.
- 87.055 Duration of lien; when suit to enforce lien commences.
- 87.057 Notice 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- 87.058 [1981 c.618 16; 1987 c.662 12; 1991 c.181 15; 2001 c.197 8; 2007 c.793 2; repealed by 2011 c.630 53]
- Note: Section 54 (3), chapter 630, Oregon Laws 2011, provides:
- Sec. 54.
- 87.059 Stay in proceedings to enforce lien; requirements; procedure; dissolution of stay.
- Note: 87.059 becomes operative July 1, 2017, and applies to complaints filed on or after July 1, 2017. See section 73, chapter 630, Oregon Laws 2011.
- Note: 87.059 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.
- 87.060 Foreclosure; right to jury trial; distribution of proceeds of foreclosure sale.
- 87.065 [Amended by 1961 c.609 2; repealed by 1975 c.466 25]
- 87.070 Amount of recovery by contractor; respective rights of contractor and owner.
- 87.075 Exemption of building materials from attachment by third persons.
- 87.076 Bond or deposit of money; amount; demand for release of lien; effect.
- 87.078 Notice 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]
- 87.081 Filing affidavit with county officer.
- 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.
- 87.085 [Repealed by 1975 c.648 72]
- 87.086 Determination of adequacy of bond.
- 87.088 Release of lien or return of money.
- 87.089 Limitations on actions.
- 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.
- 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.
- 87.145 [Repealed by 1975 c.648 72]
- 87.146 Priorities of liens.
- 87.150 [Repealed by 1975 c.648 72] POSSESSORY CHATTEL LIENS
- 87.152 Possessory lien for labor or material expended on chattel.
- 87.155 [Repealed by 1975 c.648 72]
- 87.156 Innkeeper s lien.
- 87.159 Lien for care of animal.
- 87.160 [Repealed by 1975 c.648 72]
- 87.162 Landlord s lien.
- 87.165 [Repealed by 1975 c.648 72]
- 87.166 Attachment of liens.
- 87.170 [Repealed by 1975 c.648 72]
- 87.172 Time period before foreclosure allowed.
- 87.175 [Repealed by 1975 c.648 72]
- 87.176 Fees for storage of chattel; notice to lien debtor; effect of failure to comply.
- 87.177 Bond or deposit of money for lien for storage of chattel; amount; notice to lien claimant; filing affidavit with county officer.
- Note: 87.177 to 87.181 were added to and made a part of 87.152 to 87.212 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 87.178 Foreclosure after filing of bond or deposit of money; effect of filing or deposit; disposition of bond or money.
- Note: See note under 87.177.
- 87.179 Determination of adequacy of bond.
- Note: See note under 87.177.
- 87.180 [Repealed by 1975 c.648 72]
- 87.181 Release of lien or return of money.
- Note: See note under 87.177.
- 87.182 Effect of prior security interest on method of foreclosure.
- 87.185 [Repealed by 1975 c.648 72]
- 87.186 Location of foreclosure sale.
- 87.190 [Repealed by 1975 c.648 72]
- 87.192 Notice of foreclosure sale to lien debtor; public notice.
- 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.
- 87.200 [Repealed by 1975 c.648 72]
- 87.202 Statement of account of foreclosure sale.
- 87.205 [Repealed by 1975 c.648 72]
- 87.206 Disposition of proceeds of foreclosure sale.
- 87.210 [Repealed by 1975 c.648 72]
- 87.212 Liability for improper sale of fungible chattels.
- 87.214 Disposal of property left with launderer or dry cleaner.
- Note: 87.214 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 87 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 87.215 [Repealed by 1975 c.648 72] NONPOSSESSORY CHATTEL LIENS
- 87.216 Nonpossessory lien for labor or material expended on chattel.
- 87.220 [Repealed by 1975 c.648 72]
- 87.222 Logger s, woodworker s and timberland owner s lien.
- 87.225 [Repealed by 1975 c.648 72]
- 87.226 Agricultural services lien.
- 87.228 Effect on agricultural services lien when payment for produce is made prior to filing of lien claim.
- Note: 87.228 was made a part of 87.700 to 87.736 by legislative action but was not added to or made a part of any other series in ORS chapter 87. See Preface to Oregon Revised Statutes for further explanation.
- 87.230 [Repealed by 1975 c.648 72]
- 87.232 Fishing lien and fish worker s lien.
- 87.235 [Repealed by 1975 c.648 72]
- 87.236 Attachment of liens; attachment to proceeds.
- 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.
- 87.245 [Repealed by 1975 c.648 72]
- 87.246 Recording; fees.
- 87.250 [Repealed by 1975 c.648 72]
- 87.252 Notice to owner and holders of security interests; effect of failure to comply.
- 87.255 [Repealed by 1975 c.648 72]
- 87.256 Limitation on extent of liens.
- 87.260 [Repealed by 1975 c.648 72]
- 87.262 Foreclosure.
- 87.265 [Repealed by 1975 c.648 72]
- 87.266 Duration of liens.
- 87.270 [Repealed by 1975 c.648 72]
- 87.272 Petition for foreclosure without suit.
- 87.275 [Repealed by 1975 c.648 72]
- 87.276 Evidence admissible; issuance of show cause order.
- 87.280 [Repealed by 1975 c.648 72]
- 87.282 Waiver of right to hearing before filing of petition.
- 87.285 [Repealed by 1975 c.648 72]
- 87.286 [Repealed by 1975 c.648 72]
- 87.288 Show 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]
- 87.296 Waiver 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]
- 87.302 Authority of court on sustaining validity of lien claim.
- 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.
- 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.
- 87.315 [Amended by 1969 c.330 6; repealed by 1975 c.648 72]
- 87.316 Disposition of proceeds of foreclosure sale.
- 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.
- 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.
- 87.330 [Repealed by 1975 c.648 72]
- 87.332 Injury or removal of chattel subject to lien.
- 87.335 [Repealed by 1975 c.648 72]
- 87.336 Costs and attorney fees in foreclosure by suit.
- 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.
- 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.
- 87.350 [Repealed by 1975 c.648 72] LIENS ON REAL PROPERTY
- 87.352 Mining labor and material lien.
- 87.355 [Repealed by 1975 c.648 72]
- 87.356 Lien for preparing land for irrigation or cultivation.
- 87.358 Nurseryman s lien.
- 87.360 [Repealed by 1975 c.648 72]
- 87.362 Irrigation power lien.
- 87.364 Attachment of liens.
- 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.
- 87.370 [Repealed by 1975 c.648 72]
- 87.372 Recording.
- 87.375 [Repealed by 1975 c.648 72]
- 87.376 Duration of liens.
- 87.380 [Repealed by 1975 c.648 72]
- 87.382 Foreclosure.
- 87.385 [Repealed by 1975 c.648 72]
- 87.386 Costs and attorney fees in foreclosure.
- 87.390 [Repealed by 1975 c.648 72]
- 87.392 Priorities 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] ATTORNEY S LIEN
- 87.430 Attorney s possessory lien.
- 87.435 Bond, letter of credit or deposit of money to discharge attorney s possessory lien; recording; notice to attorney.
- 87.440 Determination of adequacy of bond or letter of credit.
- 87.445 Attorney s lien upon actions and judgments.
- 87.450 Filing notice of claim of lien on judgment for sum of money.
- 87.455 Filing notice of claim of lien on judgment for possession of personal property; recording; foreclosure.
- 87.460 Filing of notice of claim of lien on judgment for possession of real property; recording; foreclosure.
- 87.465 Effect of failure to file notice of claim of lien; effect of failure to foreclose.
- 87.470 Contents of notice of claim of lien.
- 87.475 Effect of settlement on attorney s lien; satisfaction of judgment.
- 87.480 Attorney s right and power over actions and judgments.
- 87.485 Attorney fees.
- 87.490 Priority of attorney s 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] LIEN FOR LONG TERM CARE
- 87.501 Definitions for ORS 87.501 to 87.542.
- Note: 87.501 to 87.542 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 87 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 87.503 Lien for long term care; statement concerning lien to be given to care recipient.
- Note: See note under 87.501.
- 87.505 [Repealed by 1975 c.648 72]
- 87.507 Perfecting lien; notice of lien; serving notice of lien; time to perfect lien.
- Note: See note under 87.501.
- 87.510 [Repealed by 1975 c.648 72]
- 87.512 Contents of notice of lien.
- Note: See note under 87.501.
- 87.515 [Amended by 1957 c.420 1; 1959 c.521 1; repealed by 1975 c.648 72]
- 87.517 Recording notice of lien.
- Note: See note under 87.501.
- 87.522 Foreclosure of lien; attorney fees.
- Note: See note under 87.501.
- 87.525 [Repealed by 1975 c.648 72]
- 87.527 Limitations on property subject to lien.
- Note: See note under 87.501.
- 87.530 [Repealed by 1975 c.648 72]
- 87.533 Assets and income that are exempt from lien.
- Note: See note under 87.501.
- 87.535 [Amended by 1957 c.684 1; 1971 c.177 1; repealed by 1975 c.648 72]
- 87.537 Duration of lien.
- Note: See note under 87.501.
- 87.539 Discharge or release of lien claim; recordation; penalty for failure to discharge or release lien claim.
- Note: See note under 87.501.
- 87.540 [Amended by 1957 c.684 2; repealed by 1975 c.648 72]
- 87.542 Priority of lien.
- Note: See note under 87.501.
- 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 Hospital and physician lien.
- 87.560 Limitations on extent of lien.
- 87.565 Notice of lien required.
- 87.570 Form of notice.
- 87.575 Hospital and physician lien docket.
- 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 and physician; conditions; deadline for filing claim.
- 87.585 Foreclosure.
- 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.
- 87.605 [Amended by 1955 c.136 1; repealed by 1975 c.648 72]
- 87.607 Ambulance services lien.
- 87.610 [Repealed by 1975 c.648 72]
- 87.613 Notice of lien required.
- 87.615 [Repealed by 1975 c.648 72]
- 87.617 Form of notice; contents.
- 87.620 [Repealed by 1975 c.648 72]
- 87.623 Notices recorded in hospital lien docket.
- 87.625 [Repealed by 1975 c.648 72]
- 87.627 Payment after notice of lien; liability to provider of services; exception.
- 87.630 [Repealed by 1975 c.648 72]
- 87.633 Foreclosure.
- 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 87.693.
- Note: 87.685 to 87.695 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 87 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 87.686 Rental agreement; statement of insurance held by owner.
- Note: See note under 87.685.
- 87.687 Self-service storage facility owner s possessory lien; attachment of lien; priority of lien.
- Note: See note under 87.685.
- 87.689 Notice of foreclosure and sale.
- Note: See note under 87.685.
- 87.691 Sale of property subject to lien; advertisement of sale; satisfaction of lien before sale; use of sale proceeds.
- Note: See note under 87.685.
- 87.693 ORS 87.687 as exclusive law for creating lien; exception.
- Note: See note under 87.685.
- 87.695 Short title.
- Note: See note under 87.685. AGRICULTURAL PRODUCE LIEN
- 87.700 Definitions for ORS 87.228 and 87.700 to 87.736.
- 87.705 Agricultural produce lien; date lien attaches.
- 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.
- 87.715 Priority.
- 87.720 [1973 c.647 6; 1991 c.230 22; repealed by 2001 c.301 25]
- 87.725 Foreclosure; costs allowable to prevailing plaintiff.
- 87.730 Expiration of lien for failure to bring timely foreclosure suit.
- 87.735 Filing certificate of lien satisfaction upon payment for produce; liability of producer for failure to discharge lien.
- 87.736 Form 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] GRAIN PRODUCER S LIEN
- 87.750 Definitions for ORS 87.750 to 87.777.
- 87.755 Grain producer s lien; date lien attaches; priority.
- 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.
- 87.765 [1973 c.145 3; repealed by 1975 c.648 72]
- 87.767 Form of notice; public record; fee.
- 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.
- 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.
- 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] UNIFORM FEDERAL TAX LIEN REGISTRATION ACT
- 87.805 [Repealed by 1967 c.445 1]
- 87.806 Filing of federal tax liens.
- 87.810 [Repealed by 1967 c.445 1]
- 87.811 Certification of tax lien notices.
- 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.
- 87.820 [Repealed by 1967 c.445 1]
- 87.821 Filing and indexing fee; rules.
- 87.825 [Repealed by 1967 c.445 1]
- 87.826 Construction.
- 87.830 [Repealed by 1967 c.445 1]
- 87.831 Short title.
- 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.
- 87.860 Filing of claim of lien.
- 87.865 Foreclosure; joinder or consolidation; costs; limitation.
- 87.870 Definitions for ORS 87.870 to 87.876.
- 87.872 Lien for mold created or work performed with mold.
- 87.876 Sale of mold.
- 87.905 [Repealed by 1961 c.726 427] MISCELLANEOUS PROVISIONS
- 87.910 Cost 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]
- 87.920 Recording of document not to create lien, affect title or constitute notice except as authorized by law.
- Note: 87.920 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 87 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 87.930 Secretary of State to furnish list of persons who have filed financing statement.
- Note: 87.930 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 87 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. _______________
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