2007 Oregon Code - Chapter 87 :: Chapter 87 - Statutory Liens
Chapter 87 Statutory
Liens
2007 EDITION
STATUTORY LIENS
MORTGAGES AND LIENS
CONSTRUCTION LIENS
87.001 Short
title
87.005 Definitions
for ORS 87.001 to 87.060 and 87.075 to 87.093
87.007 Protection
of purchasers of residential property from construction liens that may be
perfected after sale of property completed; requirements for sale of
residential property; 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
87.021 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 owners knowledge of improvement; notice of nonresponsibility
87.035 Perfecting
lien; filing claim of lien; contents of claim
87.037 Prohibition
against claim of lien
87.039 Notice
of filing claim of lien; effect of failure to give notice
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 Stay
of foreclosure proceedings; requirements; procedure; duration of stay
87.060 Foreclosure;
right to jury trial; distribution of proceeds of foreclosure sale
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
87.081 Filing
affidavit with county officer
87.083 Foreclosure
after filing of bond or deposit of money; effect of filing or deposit;
disposition of bond or money
87.086 Determination
of adequacy of bond
87.088 Release
of lien or return of money
87.091 Form
for waiver of application of provisions of ORS 87.007
87.093 Information
Notice to Owner; rules; contents; when notice must be delivered; effect of
failure to deliver notice; penalty
LIENS GENERALLY
87.142 Definitions
for ORS 87.142 to 87.490 and 87.910
87.146 Priorities
of liens
POSSESSORY CHATTEL LIENS
87.152 Possessory
lien for labor or material expended on chattel
87.156 Innkeepers
lien
87.159 Lien
for care of animal
87.162 Landlords
lien
87.166 Attachment
of liens
87.172 Time
period before foreclosure allowed
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
87.178 Foreclosure
after filing of bond or deposit of money; effect of filing or deposit;
disposition of bond or money
87.179 Determination
of adequacy of bond
87.181 Release
of lien or return of money
87.182 Effect
of prior security interest on method of foreclosure
87.186 Location
of foreclosure sale
87.192 Notice
of foreclosure sale to lien debtor; public notice
87.196 Notice
of foreclosure sale to secured parties; effect of notice; effect of failure to
give notice
87.202 Statement
of account of foreclosure sale
87.206 Disposition
of proceeds of foreclosure sale
87.212 Liability
for improper sale of fungible chattels
87.214 Disposal
of property left with launderer or dry cleaner
NONPOSSESSORY CHATTEL LIENS
87.216 Nonpossessory
lien for labor or material expended on chattel
87.222 Loggers,
woodworkers and timberland owners lien
87.226 Agricultural
services lien
87.228 Effect
on agricultural services lien when payment for produce is made prior to filing
of lien claim
87.232 Fishing
lien and fish workers lien
87.236 Attachment
of liens; attachment to proceeds
87.242 Filing
notice of claim of lien; contents of notice; effect of failure to file notice
87.246 Recording;
fees
87.252 Notice
to owner and holders of security interests; effect of failure to comply
87.256 Limitation
on extent of liens
87.262 Foreclosure
87.266 Duration
of liens
87.272 Petition
for foreclosure without suit
87.276 Evidence
admissible; issuance of show cause order
87.282 Waiver
of right to hearing before filing of petition
87.288 Show
cause order; contents; service
87.296 Waiver
of right to hearing after issuance of show cause order
87.302 Authority
of court on sustaining validity of lien claim
87.306 Foreclosure
by sale without suit; notice of sale to secured parties; public notice of sale
by sheriff
87.312 Effect
of notice of foreclosure sale to secured parties; failure to give notice
87.316 Disposition
of proceeds of foreclosure sale
87.322 Effect
of prior security interest on foreclosure of nonpossessory lien for labor or
material expended on chattel
87.326 Protection
from theft and damage of chattel subject to lien
87.332 Injury
or removal of chattel subject to lien
87.336 Costs
and attorney fees in foreclosure by suit
87.342 Bond,
letter of credit or deposit of money to discharge lien on chattel; amount;
recording; notice to lien claimant
87.346 Filing
certificate of lien satisfaction upon payment of claim; liability for failure
to discharge lien; notice of discharge
LIENS ON REAL PROPERTY
87.352 Mining
labor and material lien
87.356 Lien
for preparing land for irrigation or cultivation
87.358 Nurserymans
lien
87.362 Irrigation
power lien
87.364 Attachment
of liens
87.366 Filing
notice of claim of lien; contents of notice; effect of failure to file notice
87.372 Recording
87.376 Duration
of liens
87.382 Foreclosure
87.386 Costs
and attorney fees in foreclosure
87.392 Priorities
of liens
ATTORNEYS LIEN
87.430 Attorneys
possessory lien
87.435 Bond,
letter of credit or deposit of money to discharge attorneys possessory lien;
recording; notice to attorney
87.440 Determination
of adequacy of bond or letter of credit
87.445 Attorneys
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 attorneys lien; satisfaction of judgment
87.480 Attorneys
right and power over actions and judgments
87.485 Attorney
fees
87.490
Priority
of attorneys lien upon actions and judgments
LIEN FOR LONG TERM CARE
87.501 Definitions
for ORS 87.501 to 87.542
87.503 Lien
for long term care; statement concerning lien to be given to care recipient
87.507 Perfecting
lien; notice of lien; serving notice of lien; time to perfect lien
87.512 Contents
of notice of lien
87.517 Recording
notice of lien
87.522 Foreclosure
of lien; attorney fees
87.527 Limitations
on property subject to lien
87.533 Assets
and income that are exempt from lien
87.537 Duration
of lien
87.539 Discharge
or release of lien claim; recordation; penalty for failure to discharge or
release lien claim
87.542 Priority
of lien
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
87.581 Liability
of person or insurer to hospital and physician; conditions; deadline for filing
claim
87.585 Foreclosure
AMBULANCE SERVICES LIEN
87.603 Definitions
for ORS 87.603 to 87.633
87.607 Ambulance
services lien
87.613 Notice
of lien required
87.617 Form
of notice; contents
87.623 Notices
recorded in hospital lien docket
87.627 Payment
after notice of lien; liability to provider of services; exception
87.633 Foreclosure
SELF-SERVICE STORAGE FACILITY LIEN
87.685 Definitions
for ORS 87.685 to 87.693
87.686 Rental
agreement; statement of insurance held by owner
87.687 Self-service
storage facility owners possessory lien; attachment of lien; priority of lien
87.689 Notice
of foreclosure and sale
87.691
87.693 ORS
87.687 as exclusive law for creating lien; exception
87.695 Short
title
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
87.725 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
GRAIN PRODUCERS LIEN
87.750 Definitions
for ORS 87.750 to 87.777
87.755 Grain
producers lien; date lien attaches; priority
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
87.767 Form
of notice; public record; fee
87.772 Expiration
of lien for failure to bring timely foreclosure action; manner of foreclosure
87.777 Filing
certificate of lien satisfaction upon payment for grain; liability of producer
for failure to discharge lien
UNIFORM FEDERAL TAX LIEN REGISTRATION ACT
87.806 Filing
of federal tax liens
87.811 Certification
of tax lien notices
87.816 Keeping
of index and files with respect to tax liens; certification by filing officer;
fee; rules
87.821 Filing
and indexing fee; rules
87.826 Construction
87.831 Short
title
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
MOLDERS LIEN
87.870 Definitions
for ORS 87.870 to 87.876
87.872 Lien
for mold created or work performed with mold
87.876
MISCELLANEOUS PROVISIONS
87.910 Cost
of preparing lien notice
87.920 Recording
of document not to create lien, affect title or constitute notice except as
authorized by law
87.930 Secretary
of State to furnish list of persons who have filed financing statement
CONSTRUCTION LIENS
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. [1975 c.466 §1]
87.005
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:
(1) 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.
(2) Construction includes creation or
making of an improvement, and alteration, partial construction and repairs done
in and upon an improvement.
(3) Construction agent includes a
contractor, architect, builder or other person having charge of construction or
preparation.
(4) Contractor means a person who
contracts on predetermined terms to be responsible for the performance of all
or part of a job of preparation or construction in accordance with established
specifications or plans, retaining control of means, method and manner of
accomplishing the desired result, and who provides:
(a) Labor at the site; or
(b) Materials, supplies and labor at the
site.
(5) Improvement includes any building,
wharf, bridge, ditch, flume, reservoir, well, tunnel, fence, street, sidewalk,
machinery, aqueduct and all other structures and superstructures, whenever it
can be made applicable thereto.
(6) Mortgagee means a person who has a
valid subsisting mortgage of record or trust deed of record securing a loan
upon land or an improvement.
(7) Original contractor means a
contractor who has a contractual relationship with the owner.
(8) Owner means:
(a) A person who is or claims to be the
owner in fee or a lesser estate of the land on which preparation or
construction is performed;
(b) A person who has entered into a
contract for the purchase of an interest in the land or improvement thereon
sought to be charged with a lien created under ORS 87.010; or
(c) A person to whom a valid subsisting
lease on land or an improvement is made, and who possesses an interest in the
land or improvement by reason of that lease.
(9) Preparation includes excavating,
surveying, landscaping, demolition and detachment of existing structures,
leveling, filling in, and other preparation of land for construction.
(10) Site means the land on which
construction or preparation is performed.
(11) Subcontractor means a contractor
who has no direct contractual relationship with the owner. [Amended by 1957
c.651 §1; 1973 c.671 §1; 1975 c.466 §2; 1977 c.596 §1; 2005 c.22 §52]
87.007
Protection of purchasers of residential property from construction liens that
may be perfected after sale of property completed; requirements for sale of
residential property; seller options; rules; delivery of form to purchaser; penalty;
damages; defenses. (1) This
section applies to a sale of the following residential property:
(a) A new single family residence or a
single family residence where the sales price for original construction or
contract price for improvements to the residence completed within three months
prior to the date of the sale of the property is $50,000 or more.
(b) A new condominium unit or a
condominium unit where the sales price for original construction or contract
price for improvements to the condominium unit completed within three months
prior to the date of the sale of the property is $50,000 or more. As used in
this paragraph, condominium unit has the meaning given that term in ORS
100.005.
(c) A new residential building or a
residential building where the sales price for original construction or
contract price for improvements to the residential building completed within
three months prior to the date of the sale of the property is $50,000 or more.
As used in this paragraph, residential building means a building or structure
containing not more than four dwelling units capable of being used as
residences or homes.
(2) For purposes of protecting purchasers
of residential property with respect to claims of lien that arise before the
date the sale of the residential property is completed but may be perfected
under ORS 87.035 after the date the sale of the property is completed, when an
owner of record sells residential property to a purchaser, the owner shall
provide such protection by one of the following methods:
(a) Purchase or otherwise provide title
insurance on behalf of the purchaser by a policy issued:
(A) Without exception for filed and
unfiled claims of construction lien existing at the date of closing of the
purchase; and
(B) On forms and at rates filed with, but
not disapproved by, the Director of the Department of Consumer and Business
Services.
(b) Retain in escrow, as defined in ORS
696.505, an amount of funds that is not less than 25 percent of the sale price
of the residential property. The funds shall be maintained in or released from
escrow pursuant to written instructions to the escrow agent from the owner that
sold the property and the purchaser. The written instructions shall provide
that any claims of lien that are perfected after the date of the sale of the
property and that are not paid by the owner that sold the property shall be
paid upon demand by the purchaser from the amount maintained in escrow. The
escrow agent shall release the unused funds from escrow to the owner that sold
the property if the escrow agent receives a request from the owner that sold
the property and the owner provides documentation from a title company that:
(A) Claims of lien have not been perfected
against the property and 90 days have passed since the date that construction
was completed; or
(B) One or more claims of lien have been
perfected against the property, that 135 days have passed since the date that
each such claim of lien was filed and that all such perfected claims of lien
have been released or waived.
(c) Maintain a bond or letter of credit in
an amount that is not less than 25 percent of the sale price of the property.
The Construction Contractors Board shall prescribe by rule the amount, terms
and conditions of the bond or letter of credit to be maintained under this
paragraph.
(d) Obtain written waivers from every
person claiming a lien or liens in an aggregate amount that exceeds $5,000 with
respect to the property under ORS 87.010, 87.021 or 87.035, and provide copies
of the waivers to the purchaser not later than the date the sale of the
property is completed.
(e) Complete the sale of the residential
property after the deadline for perfecting all claims of liens under ORS 87.035
with respect to the property.
(f) Obtain a signed written waiver from
the purchaser of the residential property. The waiver shall be in a form
described in ORS 87.091 and shall specify that the provisions of paragraphs (a)
to (e) of this subsection do not apply to the sale of the residential property.
The waiver must be printed on a form that is separate from any residential
property sales contract or agreement and may be signed by the purchaser at any
time after the purchaser enters into the sales contract or agreement with
respect to the residential property and before closing of the transaction.
(3) Not later than the date the sale of
the residential property is completed, the owner who sold the property shall
complete, sign and deliver to the purchaser a form specifying the method that
the owner has selected to comply with the requirements of subsection (2) of
this section or that subsection (2) of this section does not apply to the sale
of the property. The notice shall be in a form designated by the Construction
Contractors Board by rule under ORS 701.235.
(4) A real estate licensee, as defined in
ORS 696.010, acting in the professional capacity of a licensee may not be
liable in any criminal, civil or administrative proceeding arising out of the
failure of an owner of record to comply with subsection (2) or (3) of this
section.
(5) Violation of subsection (3) of this
section is a Class A violation.
(6) In addition to any other remedy or
penalty provided by law, a purchaser may bring an action to recover up to twice
the amount of actual damages caused by a violation of subsection (2) of this
section. The court may award to the prevailing party, in addition to costs and
disbursements, reasonable attorney fees. Any action brought under this
subsection must be commenced not later than two years after the date the sale of
the property is completed.
(7) For purposes of subsections (5) and
(6) of this section and ORS 646.608:
(a) It is a defense to a violation of
subsection (2) or (3) of this section that there is no enforcement or attempted
enforcement of any claim of lien against the property that is the subject of
the sale arising before the date the sale of the property is completed; and
(b) As to any claim of lien, it is a
defense to a violation of subsection (2) or (3) of this section if the owner
that sold the property:
(A) Proves that the claim of lien against
the property that is the subject of the sale is invalid; or
(B) Satisfies the claim of lien or obtains
a release from the claim of lien on the property that is the subject of the
sale.
(8) A violation of subsection (2) or (3)
of this section is not considered to have occurred with respect to a lien
described in ORS 87.010 during the period that the validity of the lien is
disputed in a judicial proceeding or a proceeding described in ORS chapter 701.
(9) Nothing in this section requires the
payment of a lien that is not otherwise valid. This section does not apply to
claims of lien perfected by persons furnishing any materials, equipment,
services or labor at the request of the purchaser of the residential property. [2003
c.778 §2]
87.010
Construction liens; who is entitled to lien. (1) 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.
(2) Any person who engages in or rents
equipment for the preparation of a lot or parcel of land, or improves or rents
equipment for the improvement of a street or road adjoining a lot or parcel of
land at the request of the owner of the lot or parcel, shall have a lien upon
the land for work done, materials furnished or equipment rented.
(3) A lien for rented equipment under
subsection (1) or (2) of this section shall be limited to the reasonable rental
value of the equipment notwithstanding the terms of the underlying rental
agreement.
(4) Trustees of an employee benefit plan
shall have a lien upon the improvement for the amount of contributions, due to
labor performed on that improvement, required to be paid by agreement or
otherwise into a fund of the employee benefit plan.
(5) An architect, landscape architect,
land surveyor or registered engineer who, at the request of the owner or an
agent of the owner, prepares plans, drawings or specifications that are
intended for use in or to facilitate the construction of an improvement or who
supervises the construction shall have a lien upon the land and structures
necessary for the use of the plans, drawings or specifications so provided or
supervision performed.
(6) A landscape architect, land surveyor
or other person who prepares plans, drawings, surveys or specifications that are
used for the landscaping or preparation of a lot or parcel of land or who
supervises the landscaping or preparation shall have a lien upon the land for
the plans, drawings, surveys or specifications used or supervision performed. [Amended
by 1957 c.651 §2; 1973 c.671 §2; 1975 c.466 §3; 1977 c.596 §2; 1981 c.757 §1]
87.015
Land and interests therein subject to lien; leaseholds. (1) 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 caused the improvement to be constructed was the owner of that
site and land. If the person owned less than a fee-simple estate in the site
and land, then only the interest of the person therein shall be subject to the
lien.
(2) If a lien created under ORS 87.010
(1), (4) and (5) is claimed against a unit as defined in ORS 100.005 to
100.910, the Oregon Condominium Act, the common elements appertaining to that
unit are also subject to the lien.
(3) When the interest of the person who
caused the improvement to be constructed is a leasehold interest, and that
person has forfeited the rights of the person thereto, the purchaser of the
improvement and leasehold term at any sale under the provisions of ORS 87.001
to 87.060 and 87.075 to 87.093, is deemed to be the assignee of the leasehold
term, and may pay the lessor all arrears of rent or other money and costs due
under the lease. If the lessor regains possession of the property, or obtains
judgment for the possession thereof prior to the commencement of construction
of the improvement, the purchaser may remove the improvement within 30 days
after the purchaser purchases it, and the owner of the land shall receive the
rent due the owner, payable out of the proceeds of the sale, according to the
terms of the lease, down to the time of removal. [Amended by 1975 c.466 §4]
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 shall be in writing and delivered in person or delivered by
registered or certified mail. [1975 c.466 §5; 1981 c.757 §2; 2007 c.648 §15]
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. (1) 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 the site. The notice of right to a lien may
be given at any time during the progress of the improvement, but the notice only
protects the right to perfect a lien for materials, equipment and labor or
services provided after a date which is eight days, not including Saturdays,
Sundays and other holidays as defined in ORS 187.010, before the notice is
delivered or mailed. However, no lien is created under ORS 87.010 (5) or (6)
for any services provided for an owner-occupied residence at the request of an
agent of the owner.
(2) The notice required by subsection (1)
of this section shall be substantially in the form set forth in ORS 87.023.
(3)(a) Except as provided in paragraph (b)
of this subsection, a lien created under ORS 87.010 (1) to (3), (5) or (6) may
be perfected under ORS 87.035 only to the extent that the notice required by
subsection (1) of this section is given.
(b) A person who performs labor upon a
commercial improvement or provides labor and material for a commercial
improvement or who rents equipment used in the construction of a commercial
improvement need not give the notice required by subsection (1) of this section
in order to perfect a lien created under ORS 87.010. As used in this paragraph:
(A) Commercial improvement means any
structure or building not used or intended to be used as a residential
building, or other improvements to a site on which such a structure or building
is to be located.
(B) Residential building means a
building or structure that is or will be occupied by the owner as a residence
and that contains not more than four units capable of being used as residences
or homes.
(4) Unless otherwise agreed or the lien
claimant who is required to give the notice under subsection (1) of this
section is in privity with the original contractor, when a provision in an
agreement for the construction of a commercial improvement requires the original
contractor to hold an owner harmless or to indemnify an owner for a lien
created under ORS 87.010 and perfected under ORS 87.035, that provision is not
enforceable as to any lien which requires that a notice under this section be
given to the owner unless a copy of the notice is delivered pursuant to ORS
87.018 to the original contractor not later than 10 days after its receipt by
the owner. [1975 c.466 §7 (enacted in lieu of 87.020); 1981 c.757 §3; 1983
c.674 §1; 1983 c.757 §1; 1987 c.662 §1; 2001 c.311 §1; 2002 s.s.1 c.6 §§1,4;
2003 c.778 §10]
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 SUPPLIER TWICE
FOR THE SAME SERVICE.
To: ________ Date of mailing: _____
Owner
___________
Owners address
___________
This is to inform you that ____________
has begun to provide ____________ (description of materials, equipment,
labor or services) ordered by ____________ for improvements to property you
own. The property is located at __________________.
A lien may be claimed for all materials,
equipment, labor and services furnished after a date that is eight days, not
including Saturdays, Sundays and other holidays, as defined in ORS 187.010,
before this notice was mailed to you.
Even if you or your mortgage lender have
made full payment to the contractor who ordered these materials or services,
your property may still be subject to a lien unless the supplier providing this
notice is paid.
THIS IS NOT A LIEN. It is a notice sent to
you for your protection in compliance with the construction lien laws of the
State of
This notice has been sent to you by:
NAME: _________
ADDRESS: ________
TELEPHONE: ______
IF YOU HAVE ANY QUESTIONS ABOUT THIS
NOTICE, FEEL FREE TO CALL US.
IMPORTANT
INFORMATION ON REVERSE SIDE
______________________________________________________________________________
______________________________________________________________________________
IMPORTANT INFORMATION
FOR YOUR PROTECTION
Under
If your contractor fails to pay
subcontractors, material suppliers, rental equipment suppliers, service
providers or laborers or neglects to make other legally required payments, the
people who are owed money can look to your property for payment, even if you
have paid your contractor in full.
The law states that all people hired by a
contractor to provide you with materials, equipment, labor or services must
give you a notice of right to a lien to let you know what they have provided.
WAYS TO PROTECT
YOURSELF ARE:
- RECOGNIZE that this notice of right to a
lien may result in a lien against your property unless all those supplying a
notice of right to a lien have been paid.
- LEARN more about the lien laws and the
meaning of this notice by contacting the Construction Contractors Board, an
attorney or the firm sending this notice.
- ASK for a statement of the labor,
equipment, services or materials provided to your property from each party that
sends you a notice of right to a lien.
- WHEN PAYING your contractor for materials,
equipment, labor or services, you may make checks payable jointly to the
contractor and the firm furnishing materials, equipment, labor or services for
which you have received a notice of right to a lien.
- OR use one of the methods suggested by
the Information Notice to Owners. If you have not received such a notice,
contact the Construction Contractors Board.
- GET EVIDENCE that all firms from whom
you have received a notice of right to a lien have been paid or have waived
the right to claim a lien against your property.
- CONSULT an attorney, a professional
escrow company or your mortgage lender.
______________________________________________________________________________
[1981 c.757 §5;
1983 c.757 §2; 1987 c.662 §2]
87.025
Priority of perfected liens; right to sell improvements separately from land;
notice to mortgagee; list of materials or supplies. (1) 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.
(2) Except as provided in subsections (3)
and (6) of this section, a lien created under ORS 87.010 (1), (4) or (5) and
perfected under ORS 87.035 upon any improvement shall be preferred to all prior
liens, mortgages or other encumbrances upon the land upon which the improvement
was constructed. To enforce such lien the improvement may be sold separately
from the land; and the purchaser may remove the improvement within a reasonable
time thereafter, not to exceed 30 days, upon the payment to the owner of the
land of a reasonable rent for its use from the date of its purchase to the time
of removal. If such removal is prevented by legal proceedings, the 30 days
shall not begin to run until the final determination of such proceedings in the
court of first resort or the appellate court if appeal is taken.
(3) No lien for materials or supplies
shall have priority over any recorded mortgage or trust deed on either the land
or improvement unless the person furnishing the material or supplies, not later
than eight days, not including Saturdays, Sundays and other holidays as defined
in ORS 187.010, after the date of delivery of material or supplies for which a
lien may be claimed delivers to the mortgagee either a copy of the notice given
to the owner under ORS 87.021 to protect the right to claim a lien on the
material or supplies or a notice in any form that provides substantially the same
information as the form set forth in ORS 87.023.
(4) A mortgagee who has received notice of
delivery of materials or supplies in accordance with the provisions of
subsection (3) of this section, may demand a list of those materials or
supplies including a statement of the amount due by reason of delivery thereof.
The list of materials or supplies shall be delivered to the mortgagee within 15
days, not including Saturdays, Sundays and other holidays as defined in ORS
187.010, of receipt of demand, as evidenced by a receipt or a receipt of
delivery of a registered or certified letter containing the demand. Failure to
furnish the list or the amount due by the person giving notice of delivery of
the materials or supplies shall constitute a waiver of the preference provided
in subsections (1) and (2) of this section.
(5) Upon payment and acceptance of the
amount due to the supplier of materials or supplies, and upon demand of the
person making payment, the supplier shall execute a waiver of all lien rights
as to materials or supplies for which payment has been made.
(6) Unless the mortgage or trust deed is
given to secure a loan made to finance the alteration or repair, a lien created
under ORS 87.010 and perfected under ORS 87.035 for the alteration and repair
of an improvement commenced and made subsequent to the date of record of a duly
executed and recorded mortgage or trust deed on that improvement or on the site
shall not take precedence over the mortgage or trust deed.
(7) The perfection of a lien under ORS
87.035 relates to the date of commencement of the improvement as defined in ORS
87.005. Except as provided in subsection (3) of this section, the date of
creation of the lien under ORS 87.010 and the date of perfection of the lien
under ORS 87.035 do not affect the priorities under this section, the equal
priority of perfected lien claimants, or the distribution of proceeds to
perfected lien claimants under ORS 87.060 (6). [Amended by 1965 c.446 §2; 1967
c.602 §2; 1975 c.466 §8; 1981 c.757 §6; 1983 c.513 §1; 1983 c.674 §3; 1985
c.513 §1; 1987 c.662 §3]
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 labor, including the
percentage of the contract completed, and the charge therefor to the date of
the demand. The suppliers statement shall be delivered to the owner within 15
days, not including Saturdays, Sundays and other holidays as defined in ORS
187.010, of receipt of the owners written demand, as evidenced by a receipt or
a receipt of delivery of a certified or registered letter containing the
demand. Failure of the supplier to furnish the information requested
constitutes a loss of attorney fees and costs otherwise allowable in a suit to
foreclose a lien. [1981 c.757 §8; 1985 c.513 §2; 1987 c.662 §4]
87.030
Effect of owners knowledge of improvement; notice of nonresponsibility. (1) 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 87.093, unless the owner shall, within three days after
the owner obtains knowledge of the construction, give notice that the owner
will not be responsible for the same by posting a notice in writing to that
effect in some conspicuous place upon the land or the improvement situated
thereon.
(2) Subsection (1) of this section does
not apply to a lien prohibited under ORS 87.037. [Amended by 1975 c.466 §9;
1987 c.662 §5; 2007 c.648 §9]
87.035
Perfecting lien; filing claim of lien; contents of claim. (1) 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 days after the completion of construction. All liens claimed
shall be perfected as provided by subsections (2) to (4) of this section.
(2) A lien created under ORS 87.010 shall
be perfected by filing a claim of lien with the recording officer of the county
or counties in which the improvement, or some part thereof, is situated.
(3) A claim of lien shall contain:
(a) A true statement of demand, after
deducting all just credits and offsets;
(b) The name of the owner, or reputed
owner, if known;
(c) The name of the person by whom the
claimant was employed or to whom the claimant furnished the materials or rented
the equipment or by whom contributions are owed; and
(d) A description of the property to be
charged with the lien sufficient for identification, including the address if
known.
(4) The claim of lien shall be verified by
the oath of the person filing or of some other person having knowledge of the
facts, subject to the criminal penalties for false swearing provided under ORS
162.075. [Amended by 1961 c.609 §1; 1973 c.671 §3; 1975 c.466 §10; 1983 c.517 §1;
1985 c.596 §1; 1987 c.662 §6]
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. [2007 c.648 §5]
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. (1) 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 provided by ORS 87.021 shall be deemed in compliance with the requirement of
this subsection, unless the person giving notice has actual knowledge of
changed ownership. Notice mailed by any person to the mortgagee who received
the notice required under ORS 87.025 shall be deemed in compliance with this
subsection unless the person giving the notice has actual knowledge of a change
of mortgagee.
(2) No costs, disbursements or attorney
fees otherwise allowable as provided by ORS 87.060 shall be allowed to any
party failing to comply with subsection (1) of this section. [1975 c.466 §14;
1983 c.674 §4; 1985 c.513 §3; 1987 c.662 §7]
87.040 [Repealed by 1975 c.466 §25]
87.045
Completion date of improvement; notice of completion, abandonment or nonabandonment;
contents of notice. (1) The
completion of construction of an improvement shall occur when:
(a) The improvement is substantially
complete;
(b) A completion notice is posted and
recorded as provided by subsections (2) and (3) of this section; or
(c) The improvement is abandoned as
provided by subsection (5) of this section.
(2) When all original contractors employed
on the construction of an improvement have substantially performed their
contracts, any original contractor, the owner or mortgagee, or an agent of any
of them may post and record a completion notice. The completion notice shall
state in substance the following:
______________________________________________________________________________
Notice hereby is given that the building,
structure or other improvement on the following described premises, (insert the
legal description of the property including the street address, if known) has
been completed.
All persons claiming a lien upon the same
under the Construction Lien Law hereby are notified to file a claim of lien as
required by ORS 87.035.
Dated ______, 2__
____________
Original Contractor, Owner or Mortgagee
P. O. Address: ______
______________________________________________________________________________
(3) Any notice provided for in this
section shall be posted on the date it bears in some conspicuous place upon the
land or upon the improvement situated thereon. Within five days from the date
of posting the notice, the party posting it or the agent of the party shall
record with the recording officer of the county in which the property, or some
part thereof, is situated, a copy of the notice, together with an affidavit
indorsed thereon or attached thereto, made by the person posting the notice,
stating the date, place and manner of posting the notice. The recording officer
shall indorse upon the notice the date of the filing thereof and record and
index the notice in the statutory lien record as required by ORS 87.050.
(4) Anyone claiming a lien created under
ORS 87.010 on the premises described in a completion or abandonment notice for
labor or services performed and materials or equipment used prior to the date
of the notice shall perfect the lien pursuant to ORS 87.035.
(5) Except as provided in subsection (6)
of this section, an improvement is abandoned:
(a) On the 75th day after work on the
construction of the improvement ceases; or
(b) When the owner or mortgagee of the
improvement or an agent of either posts and records an abandonment notice in
writing signed by either the owner or the mortgagee.
(6) When work on the construction of an
improvement ceases, if the owner or mortgagee of the improvement intends to
resume construction and does not want abandonment to occur, the owner or
mortgagee or an agent of either shall post and record a nonabandonment notice
in writing signed by either the owner or mortgagee. The notice of
nonabandonment shall be posted and recorded not later than the 74th day after
work on the construction ceases. The notice of nonabandonment may be renewed at
intervals of 150 days by rerecording the notice.
(7) The notices of abandonment or
nonabandonment described in subsections (5) and (6) of this section shall state
in substance:
(a) That the improvement is either
abandoned or not abandoned.
(b) The legal description of the property,
including the street address if known, on which the improvement is located.
(c) In the case of an abandonment notice,
that all persons claiming a lien on the improvement should file a claim of lien
pursuant to ORS 87.035.
(d) In the case of a nonabandonment
notice, the reasons for the delay in construction.
(e) The date of the notice.
(f) The address of the person who signs
the notice. [Amended by 1975 c.466 §11; 1985 c.596 §2; 1987 c.662 §8; 2001
c.577 §6; 2005 c.22 §53]
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 public record of the county. [Amended by 1975
c.466 §12; 1987 c.662 §9; 2001 c.577 §2]
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 no lien shall be continued in force for a longer time than two years from
the time the claim of lien is filed under ORS 87.035 by any agreement to extend
payment. For purposes of this section:
(1) Subject to subsection (2) of this
section, a suit to enforce the lien shall be deemed commenced as provided in
ORS 12.020.
(2) With regard to other parties who are
construction lien claimants under ORS 87.035, a suit to enforce the lien shall
be deemed to commence when the complaint is filed, whether or not summons or
service with regard to such parties is completed within the time required by
ORS 12.020. [Amended by 1975 c.466 §13; 1985 c.341 §1; 1985 c.513 §4; 1987
c.662 §10]
87.057
Notice of intent to foreclose; list of materials furnished and statement of prices;
effect of failure to give notice. (1) 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 required by ORS 87.025 shall
be deemed in compliance with this subsection, unless the person giving notice
has actual knowledge of a change of mortgagee.
(2) Where a notice of intent to foreclose
a lien has been given as provided by subsection (1) of this section, the sender
of the notice upon demand of the owner shall furnish to the owner within five
days after the demand a list of the materials and supplies with the charge
therefor, or a statement of a contractual basis for the owners obligation, for
which a claim will be made in the suit to foreclose.
(3) A plaintiff or cross-complainant
seeking to foreclose a lien in a suit to foreclose shall plead and prove
compliance with subsections (1) and (2) of this section. No costs,
disbursements or attorney fees otherwise allowable as provided by ORS 87.060
shall be allowed to any party failing to comply with the provisions of this
section. [1975 c.466 §15; 1987 c.662 §11]
87.058
Stay of foreclosure proceedings; requirements; procedure; duration of stay. (1) As used in this section:
(a) Notwithstanding ORS 87.005, contractor
has the meaning given that term in ORS 701.005.
(b) Board means the Construction
Contractors Board established in ORS 701.205.
(2) If a person files a suit to enforce a
lien perfected under ORS 87.035 and the owner of the structure subject to that
lien files a complaint that is being processed by the board under ORS 701.145
against a contractor who performed work on the structure, the owner may obtain
a stay of proceedings on the suit to enforce the lien if:
(a) The owner already has paid the
contractor for that contractors work that is subject to this chapter on the
structure;
(b) The person suing to enforce the lien
perfected under ORS 87.035:
(A) Performed work that is subject to ORS
chapter 701 on the structure for the contractor who has been paid by the owner;
(B) Furnished labor, services or materials
or rented or supplied equipment used on the structure to the contractor who has
been paid by the owner; or
(C) Otherwise acquired the lien as a
result of a contribution toward completion of the structure for which the
contractor has been paid by the owner; and
(c) The continued existence of the lien on
which the suit is pending is attributable to the failure of the contractor who
has been paid by the owner to pay the person suing for that persons
contribution toward completion of the structure.
(3) The owner may petition for the stay of
proceedings described in subsection (2) of this section by filing the following
papers in the circuit court in which the suit on the lien is pending:
(a) A certified copy of the complaint
filed for processing by the board under ORS 701.145; and
(b) An affidavit signed by the owner that
contains:
(A) A description of the structure;
(B) The street address of the structure;
(C) A statement that the structure is the
structure upon which the suit to enforce the lien is pending; and
(D) A statement that the petitioner is the
owner of the structure.
(4) Upon receipt of a complete petition
described in subsection (3) of this section, the circuit court shall stay
proceedings on the suit to enforce the lien.
(5) After the board order on the complaint
becomes final and the board issues any required notice for payment against the
contractors bond or deposit, the circuit court shall dissolve the stay ordered
under subsection (4) of this section. [1981 c.618 §16; 1987 c.662 §12; 1991
c.181 §15; 2001 c.197 §8; 2007 c.793 §2]
87.060
Foreclosure; right to jury trial; distribution of proceeds of foreclosure sale. (1) 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.
(2) 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 rebuttable
presumption that those costs are the reasonable value of that labor, equipment,
services and material.
(3) In a suit to enforce a lien perfected
under ORS 87.035, the court shall allow or disallow the lien. If the lien is
allowed, the court shall proceed with the foreclosure of the lien and resolve
all other pleaded issues. If the lien is disallowed, and a party has made a
demand for a jury trial as provided for in subsection (4) of this section, the
court shall impanel a jury to decide any issues triable of right by a jury. All
other issues in the suit shall be tried by the court.
(4) A party may demand a trial by jury of
any issue triable of right by a jury after the lien is disallowed, if that
party serves a demand therefor in writing upon the other parties at any time
prior to commencement of the trial to foreclose the lien. The demand shall be
filed with the court. The failure of a party to serve a demand as required by
this subsection shall constitute a waiver by the party of trial by jury. A
demand for trial by jury made as provided in this subsection may not be
withdrawn without the consent of the parties.
(5) When notice of intent to foreclose the
lien has been given, pleaded and proven as provided for in ORS 87.057, the
court, upon entering judgment for the lien claimant, shall allow as part of the
costs all moneys paid for the filing or recording of the lien and all moneys
paid for title reports required for preparing and foreclosing the lien. In a
suit to enforce a lien perfected under ORS 87.035 the court shall allow a
reasonable amount as attorney fees at trial and on appeal to the party who
prevails on the issues of the validity and foreclosure of the lien.
(6) In case the proceeds of any sale under
ORS 87.001 to 87.060 and 87.075 to 87.093 are insufficient to pay all
lienholders claiming under such statutes, the liens of all persons shall be
paid pro rata. Each claimant is entitled to execution for any balance due the
claimant after the distribution of the proceeds, and that execution shall be
issued by the clerk of the court, upon demand, after the return of the sheriff
or other officer making the sale showing the balance due.
(7) All suits to enforce any lien
perfected under ORS 87.035 shall have preference on the calendar of the court
over every civil suit, except suits to which the state is a party, and shall be
tried by the court without unnecessary delay. In such a suit, all persons
personally liable, and all lienholders whose claims have been filed for record
pursuant to ORS 87.035, shall, and all other persons interested in the matter
in controversy, or in the property sought to be charged with the lien, may be
made parties; but persons not made parties are not bound by the proceedings.
The proceedings upon the foreclosure of the liens perfected under ORS 87.035
shall, as nearly as possible, conform to the proceedings of a foreclosure of a
mortgage lien upon real property. [Amended by 1975 c.466 §16; 1981 c.897 §20;
1981 c.898 §44; 1983 c.517 §2; 1987 c.662 §13]
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 equipment furnished to any contractor, the contractor shall defend any
action brought thereupon at the expense of the contractor, and during the
pendency of such action the owner may withhold from the contractor the amount
of money for which such claim of lien is filed. In case of judgment against the
owner or the property of the owner upon the lien, the owner may deduct from any
amount due or to become due by the owner to the contractor the amount of such
judgment and costs; and if the amount of the judgment and costs exceeds the
amount due by the owner to the contractor, or if the owner has settled with the
contractors in full, the owner may recover back from the contractor any amount
so paid in excess of the contract price, and for which the contractor was originally
the party liable. [Amended by 1987 c.662 §14]
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
construction of the improvement. [Amended by 1975 c.466 §23]
87.076
Bond or deposit of money; amount; demand for release of lien; effect. (1) The owner of an improvement or land
against which a lien perfected under ORS 87.035 is claimed, 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 principal
or principals on the bond shall pay the amount of the claim and all costs and
attorney fees that are awarded against the improvement or land on account of
the lien. The bond shall be in an amount not less than 150 percent of the
amount claimed under the lien, or in the amount of $1,000, whichever is
greater.
(2)(a) In lieu of the surety bond provided
for in subsection (1) of this section, the owner of an improvement or land
against which a lien perfected under ORS 87.035 is claimed, or any other
interested person, may deposit with the treasurer of the county in which the
claim of lien is filed a sum of money or its equivalent equal in value to 150
percent of the amount claimed under the lien, or in the amount of $1,000,
whichever is greater.
(b) The court in which any proceeding to
foreclose the lien may be brought may, upon notice and upon motion by a person
who makes a deposit under paragraph (a) of this subsection, order the money
invested in such manner as the court may direct. A person who makes a deposit
under paragraph (a) of this subsection shall be entitled to any income from the
investments and the treasurer of the county shall pay the income when received
to the depositor without order.
(3) A bond or money may be filed or
deposited under subsection (1) or (2) of this section at any time after the
filing of the claim of lien under ORS 87.035.
(4)(a) Any person entitled to post a bond
under subsection (1) of this section or a cash deposit under subsection (2) of
this section may deliver pursuant to ORS 87.018 a written demand that a lien
perfected under ORS 87.035 be released and a notice that if it is not released
the party making the demand may be entitled to recover the actual costs
incurred by the party making the demand in complying with this section, ORS
87.078 and 87.081 or the sum of $500, whichever is greater. If the lien is not
released within 10 days after delivery of the demand and notice and the lien
claimant or an assignor of the lien claimant does not bring a suit to foreclose
the lien within the time provided in ORS 87.055, and if the person making the
demand has complied with this section, ORS 87.078 and 87.081, then the person
failing to release and foreclose the lien shall be liable to the person making
the demand for the actual costs incurred by the person making the demand in
complying with this section, ORS 87.078 and 87.081 or the sum of $500,
whichever is greater, in addition to any other remedy provided by law or
equity.
(b) In any action to recover damages under
this subsection in which the plaintiff prevails, there shall be allowed to the
plaintiff, at trial and on appeal, a reasonable amount for attorney fees to be
fixed by the court for prosecution of the action, if the court finds that a
written demand for payment of the claim was made on the defendant not less than
20 days before commencement of the action. However, attorney fees shall not be
allowed to the plaintiff, but shall be allowed to the defendant, if the court
finds that the defendant tendered to the plaintiff prior to commencement of the
action an amount not less than the damages awarded to the plaintiff.
(c) If a lien claimant or an assignor of
the lien claimant is served with a demand under paragraph (a) of this
subsection and is a prevailing party in the suit to foreclose the lien, then in
addition to such other costs and attorney fees to which the lien claimant or
the assignor of the lien claimant is entitled, the court shall allow the actual
costs incurred in addressing the demand or the sum of $500, whichever is
greater. [1975 c.466 §17; 1983 c.513 §3; 1987 c.662 §15; 1999 c.845 §1]
87.078
Notice of filing bond or depositing money; contents of notice; effect of
failure to give notice. (1)
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.
(2) If a person does not notify the lien
claimant as required by subsection (1) of this section, the filing of the bond
or the deposit of money is of no effect and the provisions of ORS 87.083 shall
not apply in a suit to foreclose the lien for which the filing or deposit is
made. [1975 c.466 §18]
87.080 [Amended by 1967 c.407 §3; repealed by 1975
c.648 §72]
87.081
Filing affidavit with county officer. (1) 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.
(2) When a person deposits money with the
treasurer of a county under ORS 87.076 and serves notice of the deposit upon
the lien claimant, the person shall file with the recording officer of the same
county an affidavit stating that the deposit was made and notice was served. [1975
c.466 §19; 2005 c.22 §54]
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.
(1) Any suit to foreclose a lien pursuant to ORS 87.060 that is commenced or
pending after the filing of a bond or deposit of money under ORS 87.076 shall
proceed as if no filing or deposit had been 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 claim of
lien shall thereafter be entirely free of the lien and shall in no way be
involved in subsequent proceedings.
(2) When a bond is filed or money is
deposited, if, in a suit to enforce the lien for which the filing or deposit is
made, the court allows the lien, the lien shall be satisfied out of the bond or
money. The court shall include as part of its judgment an order for the return
to the person who deposited the money of any amount remaining after the lien is
satisfied.
(3) When a bond is filed or money is
deposited, if, in a suit to enforce the lien for which the filing or deposit is
made, the court disallows the lien, the court shall include as part of its
judgment an order for the return of the bond or money to the person who filed
the bond or deposited the money. [1975 c.466 §20; 1987 c.662 §16; 2005 c.22 §55]
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 the adequacy of the
bond. The lien claimant shall state in detail the reasons for the inadequacy. Not
later than two days after the filing of the petition with the court, the lien
claimant shall send a notice of the filing and a copy of the petition by
registered or certified mail to the person who filed the bond. After a hearing,
if the court determines that the bond is inadequate for one or more of the
reasons stated by the lien claimant, the court shall order such action as shall
make the bond adequate to protect the claim of lien. [1975 c.466 §21; 1987
c.662 §17]
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 when:
(1) A suit to foreclose the lien is not
commenced within the time specified by ORS 87.055;
(2) The person who recorded the bond or
deposited the money presents a certified copy of a courts order for the
release of the bond or all or some of the money to that person; or
(3) The person who recorded the bond or
deposited the money presents a written release of lien signed by the lien
claimant. [1975 c.466 §22; 1999 c.654 §5]
87.090 [Repealed by 1975 c.648 §72]
87.091
Form for waiver of application of provisions of ORS 87.007. (1) A written waiver described in ORS 87.007
(2) and signed by the purchaser of residential real property shall include the
information described in subsection (2) of this section. The waiver shall be
printed as a separate document and in at least 12-point boldfaced type.
(2) The waiver described in subsection (1)
of this section shall include, but not be limited to, the following information
and shall be in substantially the following form:
______________________________________________________________________________
WAIVER OF PROTECTIONS
FROM SUBCONTRACTORS LIENS.
WARNING: READ THIS
NOTICE.
PROTECT YOURSELF FROM
PAYING ANY CONTRACTOR
OR SUPPLIER TWICE
FOR THE SAME SERVICE.
This is to inform you that if you are
purchasing residential real property within 75 days after completion of
construction, the property you are purchasing may be subject to construction
liens that are not yet recorded on the date of sale. The property is located
at ________.
Under
If a contractor fails to pay
subcontractors, material suppliers, rental equipment suppliers, laborers or
service providers or neglects to make other legally required payments, any
person who is owed money can look to the property for payment, even if the
contractor has been paid in full.
THE FOLLOWING PROTECTIONS:
Under Oregon Law, the seller of
residential real property is required to take one of the following actions to
protect you from construction liens that are not yet recorded on the date of
sale:
- PURCHASE or PROVIDE title insurance to
help cover any construction liens that are recorded after you complete the
purchase of the residential real property.
- RETAIN money in escrow until the status
of all construction liens is resolved after the purchase of the residential
real property is complete.
- MAINTAIN a bond or letter of credit
until the status of all construction liens is resolved after the purchase of
the residential real property is complete.
- GET waivers from every person claiming a
right to a lien against the property in an aggregate amount of $5,000 or more.
- WAIT to close the purchase of the
residential real property until 75 days after the completion of construction.
WAIVER OF RIGHTS
Under
______________________________________________________________________________
I have read this statement and understand
the risks it describes. I hereby choose to assume those risks and waive the
protections provided under ORS 87.007 by signing this form.
_______________
(Signature of purchaser)
____________, 2_____
______________________________________________________________________________
[2003 c.778 §9]
87.093
Information Notice to Owner; rules; contents; when notice must be delivered;
effect of failure to deliver notice; penalty. (1) 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 property and an
original contractor under that law. The Information Notice to Owner shall
include signature lines for the contractor and the property owner. The rights
and responsibilities described in the form shall include, but not be limited
to:
(a) Methods by which an owner may avoid
multiple payments for the same materials and labor;
(b) The right to file a complaint against
a licensed contractor with the board and, if appropriate, to be reimbursed from
the contractors bond filed under ORS chapter 701; and
(c) The right to receive, upon written
request therefor, a statement of the reasonable value of materials, equipment,
services or labor provided from the persons providing the materials, equipment,
services or labor at the request of an original contractor and who have also
provided notices of right to a lien.
(2)(a) Each original contractor shall
deliver a copy of the Information Notice to Owner adopted by the board under
this section to:
(A) The first purchaser of residential
property constructed by the contractor and sold before or within the 75-day
period immediately following the completion of construction; and
(B) The owner or an agent of the owner,
other than an original contractor, at the time of signing a written residential
construction or improvement contract with the owner.
(b) If the residential construction or
improvement contract is an oral contract, the original contractor shall mail or
otherwise deliver the Information Notice to Owner not later than five days
after the contract is made.
(3) The contractor shall deliver the Information
Notice to Owner personally, by registered or certified mail or by first class
mail with certificate of mailing.
(4) This section applies only to a
residential construction or improvement contract for which the aggregate
contract price exceeds $1,000. If the price of a residential improvement
contract was initially less than $1,000, but during the course of the
performance of the contract exceeds that amount, the original contractor shall
mail or otherwise deliver the Information Notice to Owner not later than five
days after the contractor knows or should reasonably know that the contract
price will exceed $1,000.
(5) Notwithstanding subsections (2) and
(4) of this section, the original contractor need not send the owner an Information
Notice to Owner if the owner is a contractor licensed with the board under ORS
chapter 701.
(6) Notwithstanding ORS 87.010 and 87.030,
if an original contractor does not deliver an owner or agent with an Information
Notice to Owner as required under subsections (2) to (4) of this section, the
original contractor may not claim any lien created under ORS 87.010 upon any
improvement, lot or parcel of land of the owner for labor, services or
materials supplied under the residential construction or improvement contract
for which the original contractor failed to deliver the required Information
Notice to Owner.
(7) If an original contractor does not
deliver an Information Notice to Owner to an owner or agent as required under
subsection (2) of this section, the board may suspend the license of the
original contractor for any period of time that the board considers appropriate
or impose a civil penalty of not more than $5,000 upon the original contractor
as provided in ORS 701.992.
(8) As used in this section:
(a) Residential construction or
improvement means the original construction of residential property and
constructing, repairing, remodeling or altering residential property and
includes, but is not limited to, the construction, repair, replacement or
improvement of driveways, swimming pools, terraces, patios, fences, porches,
garages, basements and other structures or land adjacent to a residential
dwelling.
(b) Residential construction or
improvement contract means an agreement, oral or written, between an original
contractor and an owner for the performance of a home improvement and includes
all labor, services and materials furnished and performed thereunder. [1981
c.757 §9; 1983 c.757 §3; 1985 c.596 §3; 1987 c.662 §18; 1991 c.67 §14; 1995
c.771 §7; 1999 c.402 §1; 2007 c.648 §16; 2007 c.793 §3]
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:
(1) Animal means any mammal, bird, fish,
reptile, amphibian or insect.
(2) Chattel includes movable objects
that are capable of ownership, but does not include personal rights not reduced
to possession but recoverable by an action at law or suit in equity, money,
evidence of debt and negotiable instruments.
(3) Electric cooperative means a
cooperative corporation organized under ORS chapter 62 the principal business
of which is the construction, maintenance and operation of an electric transmission
and distribution system for the benefit of the members of that cooperative
corporation and which has no other principal business or purpose.
(4) Electric utility means a corporation
engaged in distributing electricity, directly or indirectly, to or for the
public and regulated by the Public Utility Commission under ORS chapter 757.
(5) Excavation means a shaft, tunnel,
incline, adit, drift or other excavation designed for the use, working or
draining of a mine.
(6) Fair market value means, with
respect to a chattel sold at a foreclosure sale under ORS 9.370, 87.142 to
87.490, 87.910 and 90.120, the price of chattels of the same kind and condition
prevailing in the county of sale at the time of sale.
(7) Fungible chattels means chattels of
which any unit is the equivalent of any other unit.
(8) Improvement means a road, tramway,
trail, flume, ditch, pipeline, building, structure, superstructure or
boardinghouse used for or in connection with the working or development of a
mine.
(9) Irrigation includes the use of
canals, ditches, pipes, pumps, spraying apparatus and other mechanical devices
to water land artificially.
(10) Mine means a mine, lode, mining
claim or deposit that contains or may contain coal, metal or mineral of any
kind.
(11) Mortgagee means a person who has a
valid subsisting mortgage of record or trust deed of record securing a loan
upon any real property to be charged with a lien under ORS 87.352 to 87.362.
(12) Nursery stock means fruit trees,
fruit-tree stock, nut trees, grapevines, fruit bushes, rose bushes, rose stock,
forest and ornamental trees, and shrubs both deciduous and evergreen, florists
stock and cuttings, scions and seedlings of fruit or ornamental trees and
shrubs, and all other fruit-bearing plants and parts thereof and plant products
for propagation or planting.
(13) Owner includes:
(a) A person who has title to a chattel or
real property;
(b) A person who is in possession of a
chattel or real property under an agreement for the purchase thereof, whether
the title thereto is in the person or the vendor of the person; or
(c) A person who is in lawful possession
of a chattel or real property.
(14) Person includes individuals,
corporations, associations, firms, partnerships and joint stock companies.
(15) Security interest means an interest
in a chattel reserved or created by an agreement that secures payment or
performance of an obligation as more particularly defined by ORS 71.2010 (37).
(16) Timbers means sawlogs, spars,
piles, felled logs and other wood growth that has been cut or separated from
land.
(17) Wood products includes lumber,
slabwood, plywood and other wood products produced from timbers. The term does
not include paper or products made from paper. [1975 c.648 §1; 1999 c.940 §1;
2001 c.301 §5]
87.145 [Repealed by 1975 c.648 §72]
87.146
Priorities of liens. (1)
Except as provided in subsection (2) of this section:
(a) 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 leased premises have priority over that lien.
(b) Liens created by ORS 87.216 to 87.232
have equal priority. When a judgment is given foreclosing two or more liens
created by ORS 87.216 to 87.232 upon the same chattel, the debts secured by
those liens shall be satisfied pro rata out of the proceeds of the sale of the
property.
(c) With regard to the same chattel, a
lien created by ORS 87.216 to 87.232 has priority over a nonpossessory chattel
lien created by any other law.
(d) With regard to the same chattel, a
lien created by ORS 87.216 is junior and subordinate to a duly perfected
security interest in existence when the notice of claim of such lien is filed
under ORS 87.242.
(e) With regard to the same chattel, a
lien created by ORS 87.222 to 87.232 has priority over a security interest
created under ORS chapter 79.
(2)(a) A personal property tax lien, a
chattel lien claimed by the State of Oregon, its agencies or any political
subdivision thereof, and a chattel lien claimed by a state officer or employee
during the course of official duty pursuant to law have priority over a lien
created by ORS 87.152 to 87.162 and 87.216 to 87.232.
(b) A duly perfected security interest of
a lessor in any portion of crops or animals to pay or secure payment of rental
of the premises upon which those crops or animals are grown, not to exceed 50
percent of those crops or animals, shall not be subject to the lien created by
ORS 87.226. [1975 c.648 §2; 2003 c.576 §335]
87.150 [Repealed by 1975 c.648 §72]
POSSESSORY CHATTEL
LIENS
87.152
Possessory lien for labor or material expended on chattel. A person who 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 that chattel in the possession of
the person for the reasonable or agreed charges for labor, materials or
services of the person, and the person may retain possession of the chattel
until those charges are paid. [1975 c.648 §3]
87.155 [Repealed by 1975 c.648 §72]
87.156
Innkeepers lien. (1) 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 materials furnished at the request of the
guest or boarder by the keeper. The keeper may retain possession of the chattels
until those charges are paid.
(2)(a) The keeper may not retain
prescription or nonprescription medications, medical equipment or apparatus,
food or food stamps or childrens clothing or accessories after the guest or
boarder requests return of the property.
(b) If the keeper retains property in
violation of this subsection, the keeper waives any claim to unpaid charges
against the guest or boarder.
(c) In any action brought by the guest or
boarder to compel the return of the property or to recover damages based on its
retention, the prevailing party may recover attorney fees. [1975 c.648 §4; 1989
c.590 §2]
87.159
Lien for care of animal. 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 agency, and the person or
governmental agency may retain possession of the animal until those charges are
paid. [1989 c.349 §2]
87.160 [Repealed by 1975 c.648 §72]
87.162
Landlords 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 the amount of rent and
advances is paid. [1975 c.648 §5; 1981 c.258 §1; 1997 c.374 §8]
87.165 [Repealed by 1975 c.648 §72]
87.166
Attachment of liens. (1)
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:
(a) The services or labor are performed or
the materials or money are furnished by the lien claimant to the lien debtor;
and
(b) The charges for the services or labor
performed and materials or money furnished are due and the lien debtor either
knows or should reasonably know that the charges are due.
(2) The lien created by ORS 87.162
attaches to the chattels described in that section on the 20th day after rents
or advances occur or attaches when the occupant or tenant attempts to remove
the chattels from the premises while there are unpaid rents or advances. A
person claiming a lien under ORS 87.162 may take the chattels subject to that
lien into the possession of the person when the lien attaches or at any time
thereafter. [1975 c.648 §6]
87.170 [Repealed by 1975 c.648 §72]
87.172
Time period before foreclosure allowed. (1) 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.
(2) A person claiming a lien under ORS
87.152 for cost of care, materials and services bestowed on an animal must
retain the animal for at least 30 days after the lien attaches to the animal
before foreclosing the lien. If the animal is a dog or cat, the period shall be
at least 15 days.
(3) A person claiming a lien under ORS
87.152 for the cost of removing, towing or storage of a vehicle that is
appraised by a person who holds a certificate issued under ORS 819.480 to have
a value of:
(a) $1,000 or less but more than $500,
must retain the vehicle at least 30 days after the lien attaches to the vehicle
before foreclosing the lien.
(b) $500 or less, must retain the vehicle
at least 15 days after the lien attaches to the vehicle before foreclosing the
lien. [1975 c.648 §7; 1979 c.401 §1; 1981 c.861 §1; 1983 c.338 §881; 1993 c.326
§9; 1995 c.758 §18; 2005 c.738 §7]
87.175 [Repealed by 1975 c.648 §72]
87.176
Fees for storage of chattel; notice to lien debtor; effect of failure to
comply. (1) 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 seeking to recover storage fees for
storage expenses incurred prior to foreclosure shall send a written notice,
within 20 days from the date that the storage fees began to accrue, to the lien
debtor and every other person that requires notification under ORS 87.196. The claimant
shall transmit the notice by certified mail. A person notified under ORS 87.196
need not receive the notice within the 20-day period, but within a reasonable
time. If the lien claimant fails to comply with the notice requirements of this
subsection, the lien claimant is limited to recovering reasonable fees for the
storage of the chattel prior to foreclosure for a period of time not exceeding
20 days from the date that the lien attached to the chattel.
(2) When the lien claimed under ORS 87.152
to 87.162 is for the storage of a chattel, the lien claimant shall send a
written notice stating that storage fees are accruing, within 20 days after the
chattel has been placed in storage, to the lien debtor and every other person
that requires notification under ORS 87.196. The claimant shall transmit the
notice by certified mail. A person notified under ORS 87.196 need not receive
the notice within the 20-day period, but within a reasonable time. If the
claimant fails to comply with the notice requirements of this subsection, the
amount of the claimants lien shall be limited to a sum equal to the reasonable
storage expenses incurred within the 20-day period. [1975 c.648 §8; 1993 c.385 §1]
87.177
Bond or deposit of money for lien for storage of chattel; amount; notice to
lien claimant; filing affidavit with county officer. (1) 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 corporation authorized to issue surety bonds in the State of
Oregon to the effect that the principal or principals on the bond shall pay the
amount of the claim and all costs and attorney fees that are awarded against
the chattel on account of the lien. The bond shall be in an amount not less
than 200 percent of the amount claimed under the lien for the storage of the
chattel.
(2)(a) In lieu of the surety bond provided
for in subsection (1) of this section, 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 deposit with
the treasurer of the county in which the lien claimant obtained possession of
the chattel subject to the lien from the lien debtor a sum of money or its
equivalent equal in value to 200 percent of the amount claimed under the lien
for the storage of the chattel.
(b) The court in which any proceeding to
foreclose the lien for the storage of the chattel may be brought may, upon
notice and upon motion by a person who makes a deposit under paragraph (a) of
this subsection, order the money invested in such manner as the court may
direct. A person who makes a deposit under paragraph (a) of this subsection
shall be entitled to any income from the investments and the treasurer of the
county shall pay the income when received to the depositor without order.
(3) A bond or money may be filed or
deposited under subsection (1) or (2) of this section at any time after a lien
for the storage of a chattel is claimed under ORS 87.152 to 87.162 and the
amount of the lien claimed is $750 or more.
(4) A person who files a bond or deposits
money under subsections (1) to (3) of this section shall cause to be served
upon the lien claimant a notice of the filing or deposit. If the person files a
bond, the notice shall include a copy of the bond. The notice shall be filed
not later than 20 days after the filing or deposit and shall state the location
and time of the filing or deposit.
(5) If a person does not notify the lien
claimant as required by subsection (4) of this section, the filing of the bond
or the deposit of money is of no effect and the provisions of subsections (1)
to (3) of this section do not apply in a suit to foreclose the lien for which
the filing or deposit is made.
(6) When a person files a bond with the
recording officer of a county under subsections (1) to (3) of this section and
serves notice of the filing upon the lien claimant under subsections (4) and
(5) of this section, the person shall file with the same recording officer an
affidavit stating that the notice was served.
(7) When a person deposits money with the
treasurer of a county under subsections (1) to (3) of this section and serves
notice of the deposit upon the lien claimant under subsections (4) and (5) of
this section, the person shall file with the recording officer of the same
county an affidavit stating that the deposit was made and notice was served. [2003
c.193 §§2,3,4]
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. (1) 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 the bond or money
upon the filing or deposit and the service of notice of the filing or deposit
upon the lien claimant. The chattel described in the claim of lien shall
thereafter be entirely free of the lien and shall in no way be involved in
subsequent proceedings.
(2) When a bond is filed or money is
deposited and, in a suit to enforce the lien for which the filing or deposit is
made, the court allows the lien, the lien shall be satisfied out of the bond or
money. The court shall include as part of its judgment an order for the return
to the person who deposited the money of any amount remaining after the lien
for the storage of the chattel is satisfied.
(3) When a bond is filed or money is
deposited and, in a suit to enforce the lien for which the filing or deposit is
made, the court disallows the lien, the court shall include as part of its
judgment an order for the return of the bond or money to the person who filed
the bond or deposited the money. [2003 c.193 §5]
Note: See note under 87.177.
87.179
Determination of adequacy of bond. (1) 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 of the
adequacy of the bond. The petition must be filed within 10 days of receipt of
the notice of the filing of the bond under ORS 87.177 (4) and (5). The petition
must describe in detail the reasons for the inadequacy.
(2) Not later than two days after the
filing of the petition with the court, the lien claimant shall send a notice of
the filing and a copy of the petition by registered or certified mail to the
person who filed the bond. After a hearing, if the court determines that the
bond is inadequate for one or more of the reasons described by the lien
claimant, the court shall order such action as shall make the bond adequate to
protect the claim of lien. [2003 c.193 §6]
Note: See note under 87.177.
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:
(1) The person who filed the bond or
deposited the money presents a certified copy of a courts order for the
release of the bond or all or some of the money to that person; or
(2) The person who filed the bond or
deposited the money presents a written release of lien signed by the lien
claimant. [2003 c.193 §7]
Note: See note under 87.177.
87.182
Effect of prior security interest on method of foreclosure. (1) 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.
(2) 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 chapter 88, or by sale of the chattel subject to the
lien at public auction to the highest bidder for cash. [1975 c.648 §9]
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. [1975 c.648 §11]
87.190 [Repealed by 1975 c.648 §72]
87.192
Notice of foreclosure sale to lien debtor; public notice. (1) Before a lien claimant forecloses a lien
created by ORS 87.152 to 87.162 by sale, 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
debtors last-known address. The lien claimant shall give notice of the
foreclosure sale to the lien debtor:
(a) Except as otherwise provided in this
subsection, at least 30 days before the foreclosure sale.
(b) If the lien is for the cost of
removing, towing or storage of a vehicle that is appraised at a value of $500
or less by a person who holds a certificate issued under ORS 819.480, at least
15 days before the foreclosure sale.
(c) If the lien is for the cost of
removing, towing or storage of a vehicle that is appraised at a value of $1,000
or less but more than $500 by a person who holds a certificate issued under ORS
819.480, at least 15 days before the foreclosure sale.
(d) If the lien is for the cost of
removing, towing or storage of a vehicle that is appraised at a value of more
than $1,000 by a person who holds a certificate issued under ORS 819.480, at
least 30 days before the foreclosure sale.
(2) The lien claimant shall give public
notice of the foreclosure sale by posting notice of it in a public place at or
near the front door of the county courthouse of the county in which the sale is
to be held and, except as provided in paragraph (b) of this subsection, in a
public place at the location where the lien claimant obtained possession of the
chattel to be sold from the lien debtor. The following apply to notice under
this subsection:
(a) Notice under this subsection must be
given no later than the time required for notice to a lien debtor under
subsection (1) of this section.
(b) This subsection does not require
posting of notice at the location where the chattel was obtained if the chattel
is a vehicle required to obtain a certificate of title issued under ORS chapter
803.
(3) If the chattel to be sold at a
foreclosure sale is something other than an abandoned vehicle and has a fair
market value of $1,000 or more, or if the chattel to be sold is an abandoned
vehicle and has a fair market value of $2,500 or more, the lien claimant, in
addition to the notice required by subsection (2) of this section, shall have a
notice of foreclosure sale printed once a week for two successive weeks in a
daily or weekly newspaper, as defined in ORS 193.010, published in the county
in which the sale is held or, if there is none, in a daily or weekly newspaper,
as defined in ORS 193.010, generally circulated in the county in which the sale
is held.
(4) The notice of foreclosure sale
required under this section shall contain a particular description of the property
to be sold, the name of the owner or reputed owner thereof, the amount due on
the lien, the time and the place of the sale and the name of the person
foreclosing the lien. [1975 c.648 §10; 1981 c.861 §2; 1983 c.436 §1; 1983 c.338
§882; 1993 c.326 §10; 1995 c.758 §19; 2005 c.738 §8]
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. (1)
A lien claimant who forecloses a lien created by ORS 87.152 to 87.162 by sale
shall give notice of the foreclosure sale by first class, registered or
certified mail. The following apply:
(a) Notice shall be given to all persons
with a security interest in the chattel to be sold who have filed a financing
statement perfecting that security interest in the office of the Secretary of
State or in the office of the appropriate county officer of the county in which
the sale is held.
(b) Notwithstanding paragraph (a) of this
subsection if the chattel to be sold at the foreclosure sale is a chattel,
other than part of the motor vehicle inventory of a dealer issued a vehicle
dealer certificate under ORS 822.020, for which a certificate of title is
required by the laws of this state, notice need only be given to persons who
the certificate of title indicates have a security interest or lien in the
chattel.
(c) Notice under this subsection shall be
given at least 30 days prior to the foreclosure sale. However, if the lien is
claimed under ORS 87.152, the lien claimant shall give the notice required by
this subsection:
(A) Not later than the 20th day after the
date on which the storage charges begin;
(B) If no storage charges are imposed, not
later than the 30th day after the date on which the services provided are
completed;
(C) At least 15 days prior to the
foreclosure sale if the lien is for the cost of removing, towing or storage of
a vehicle that is appraised at a value of $1,000 or less but more than $500 by
a person who holds a certificate issued under ORS 819.480; and
(D) At least 15 days prior to the
foreclosure sale if the lien is for the cost of removing, towing or storage of
a vehicle that is appraised at a value of $500 or less by a person who holds a
certificate issued under ORS 819.480.
(2) A person notified under subsection (1)
of this section may discharge the lien and preserve the persons security
interest in the chattel by paying the lien claimant the amount of the lien
claim and reasonable expenses actually incurred in foreclosing the lien claim.
If the person does not so discharge the lien before the day of the foreclosure
sale, the persons security interest in the chattel is extinguished on the day
the foreclosure sale is completed.
(3) If the chattel to be sold at a
foreclosure sale is a chattel for which a certificate of title is required by
the laws of this state and if the lien claimant does not notify a person as
required by this section, the chattel remains subject to that security interest
or lien and the buyer of the chattel at a foreclosure sale held under ORS
87.142 to 87.490 or 87.700 to 87.736 takes the chattel subject to the security
interest or lien.
(4) If a lien claimant does not notify a
person, other than a person indicated on a certificate of title as a secured
party or lienholder, who claims a security interest or lien on the chattel sold
at a foreclosure sale as required by subsection (1) of this section, the lien
claimant is liable to that person for a sum equal to the fair market value of
the chattel sold at the foreclosure sale or the amount due that person under
the security agreement or lien at the time of the foreclosure sale, whichever
amount is less. The secured party or other lien claimant may recover that sum
by an action at law. [1975 c.648 §14; 1981 c.861 §3; 1983 c.338 §883; 1993
c.326 §11; 1995 c.758 §20; 2005 c.86 §1; 2005 c.738 §9]
87.200 [Repealed by 1975 c.648 §72]
87.202
Statement of account of foreclosure sale. (1) A person who forecloses a lien created by ORS 87.152 to 87.162 by
sale shall file a statement of account verified by the oath of the person with
the recording officer of the county in which the sale took place when:
(a) The chattel sold at the foreclosure
sale has a fair market value of $250 or more; or
(b) The chattel sold at the foreclosure
sale is an animal bearing a brand or other mark recorded with the State
Department of Agriculture under ORS chapter 604.
(2) The statement of account required
under subsection (1) of this section must contain:
(a) The amount of the lien claim and the
cost of foreclosing the lien;
(b) A copy of the published or posted
notice of foreclosure sale;
(c) The amount received for the chattel
sold at the sale; and
(d) The name of each person who received
proceeds from the foreclosure sale as described in ORS 87.206 and the amount each
person received.
(3) A person filing a statement of account
under this section shall send a copy of the statement by registered or
certified mail to the owner of the chattel sold at the foreclosure sale. The
person filing the statement of account shall send the copy to the last-known
address of the owner. If the chattel sold at a foreclosure sale is an animal
bearing a brand or other mark recorded with the State Department of Agriculture
under ORS chapter 604, a person filing a statement of account under this
section shall send a copy of the statement to the State Department of
Agriculture. [1975 c.648 §13; 2005 c.86 §2]
87.205 [Repealed by 1975 c.648 §72]
87.206
Disposition of proceeds of foreclosure sale. (1) The proceeds of a sale to foreclose a lien created by ORS 87.152
to 87.162 shall be applied in the following order:
(a) To the payment of the reasonable and
necessary expenses of the sale;
(b) To satisfy the indebtedness secured by
the lien under which the sale is made;
(c) Subject to subsection (2) of this
section, to satisfy the indebtedness secured by any subordinate lien or
security interest, in order of priority, in the chattel; and
(d) To the treasurer of the county in
which the foreclosure sale is made. The payment to the treasurer must be
accompanied by a copy of the statement of account described in ORS 87.202.
(2) Proceeds may be applied under
subsection (1)(c) of this section if the person who forecloses a lien created
by ORS 87.152 to 87.162 by sale receives a written request for proceeds from
the holder of any subordinate lien or security interest before the day of the
foreclosure sale. The person foreclosing the lien may require the holder of the
subordinate lien or security interest to furnish reasonable proof of the
existence of the security interest or lien. If the person foreclosing the lien
does not receive proof of the existence of the subordinate security interest or
lien, the person is not required to apply proceeds of the sale to satisfy the
indebtedness secured by the subordinate security interest or lien.
(3) If a county treasurer receives
proceeds under subsection (1) of this section, the county treasurer shall
credit the proceeds to the general revenue fund of the county, subject to the
right of the lien debtor or the representative of the lien debtor, to reclaim
the proceeds at any time within three years of the date of deposit with the
treasurer. If the proceeds are not demanded and claimed within the three-year
period, the proceeds become the property of the county. [1975 c.648 §12; 2005
c.86 §3]
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 sum equal to the fair market value of the chattels unnecessarily
sold and 50 percent of the fair market value in addition as a penalty. The
owner shall recover such value and penalty by an action at law. [1975 c.648 §15]
87.214
Disposal of property left with launderer or dry cleaner. Notwithstanding any provision of ORS 87.172
to 87.212:
(1) 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 garment in any manner suitable to the
launderer or dry cleaner.
(2) A retail launderer or retail dry
cleaner subject to this section shall post a notice describing the provisions
of this section in a conspicuous place on the premises of the launderer or dry
cleaner. The notice shall contain a citation to this section and shall be
substantially the same as the following language: ______________________________________________________________________________
As specified in ORS 87.214, any garment,
article, clothing, wearing apparel, leather garment, fur coat or garment,
curtain, drapery, rug, carpet or household furnishing delivered to a launderer
or dry cleaner for dry cleaning, dyeing, pressing, laundering, altering or
other service, that is not picked up within 180 days after the date it was
delivered, may be disposed of in any manner suitable to the launderer or dry
cleaner.
______________________________________________________________________________
[1991 c.591 §1]
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. 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. [1975 c.648 §16]
87.220 [Repealed by 1975 c.648 §72]
87.222
Loggers, woodworkers and timberland owners lien. (1) 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 of the owner.
(2) A person who permits another to go on
the land of the person and obtain timbers, has a lien upon the timbers, cut for
the reasonable or agreed charge for that permission and stumpage.
(3) Subject to the limitation in
subsection (4) of this section, if a person cuts or hires another to cut
timbers on the land of the person and delivers or hires another to deliver the
timbers to a purchaser, the person has a lien upon the timbers for the lesser
of:
(a) The reasonable or agreed value of the
timbers; or
(b) $125,000.
(4) A person described in subsection (3)
of this section may not have outstanding at any one time more than one lien
arising under subsection (3) of this section. [1975 c.648 §17; 1985 c.444 §1;
1999 c.940 §2]
87.225 [Repealed by 1975 c.648 §72]
87.226
Agricultural services lien.
(1) A person who performs labor, supplies materials or provides services on
farmland, range, ranch, orchard or in that persons 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 this section also
attaches to the proceeds of the crops or animals and to the unborn progeny of
the animals that are in utero on the date a notice of claim of lien is filed.
(2) If the lien claimed under subsection
(1) of this section is for stud or artificial insemination services, the lien
attaches only to the female animal to which the male animal is let or which is artificially
inseminated, and the offspring.
(3) The lien on crops and the proceeds
thereof attaches on the date a person performs labor, delivers materials or
provides services to aid the growing or harvesting of crops. The lien on
animals and the proceeds thereof attaches on the date a person performs labor,
delivers materials or provides services to aid the raising of animals, or in
the case of unborn progeny, attaches on the date the claim of lien is filed.
(4) As used in this section:
(a) Growing and harvesting includes
tilling, sowing, planting, cultivating, irrigating, pruning, thinning,
fertilizing, spraying, dusting, cutting, harvesting, reaping, threshing,
gathering, transporting, securing or otherwise performing or furnishing labor,
service or materials to aid the production of any agricultural crop.
(b) Materials includes seed, fertilizer,
pesticide, petroleum products and other products used in agricultural practice
to aid the growing or harvesting of crops, and any mixtures or preparation for
feeding animals, any of the constituent nutrients of an animal ration and any
other food for animals.
(c) Performs labor or provides services
includes personal labor and the use of machinery, equipment or animals rendered
by the lien claimant or by the agent of the lien claimant, employee or
subcontractor.
(d) Raising animals includes feeding,
herding, pasturing, shoeing, artificially inseminating, providing male animals
for the breeding of female animals, caring for and managing animals kept or
raised for use or profit. [1975 c.648 §18; 1985 c.469 §2; 2001 c.301 §6]
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 that payment. [Formerly 87.740]
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 workers lien. (1) 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.
(2) A person who performs labor in the
catching or transporting of fish in this state has a lien on the fish for the
reasonable or agreed charges for the labor of the person. [1975 c.648 §19]
87.235 [Repealed by 1975 c.648 §72]
87.236
Attachment of liens; attachment to proceeds. (1) The liens created by ORS 87.216 to 87.232 attach to the chattels
described in those sections.
(2) 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:
(a) 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, cooperative agency or other person to be sold or otherwise
disposed of; and
(b) At the time the purchaser, agent,
broker, cooperative agency or other person is notified of the filing of the
claim of lien by delivery of a true copy thereof, the proceeds that were
received or will be received from the sale or other disposal of the chattels
have not been delivered to the owner of the chattels.
(3) When a lien created by ORS 87.222 to
87.232 attaches to the proceeds of the sale of chattels under subsection (2) of
this section, a purchaser, agent, broker, cooperative agency or other person
shall not deliver the proceeds or that portion of the proceeds equal to the
amount of the lien claim to the owner until:
(a) The time specified by ORS 87.266
during which a suit to foreclose the lien must be commenced elapses;
(b) A court orders the delivery of the
proceeds; or
(c) A certificate is recorded under ORS
87.346 declaring that the claim of lien is discharged. [1975 c.648 §20; 1981
c.674 §1; 1985 c.469 §3]
87.240 [Repealed by 1975 c.648 §72]
87.242
Filing notice of claim of lien; contents of notice; effect of failure to file
notice. (1) 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 labor, services or materials. A person
claiming a lien created by ORS 87.226 shall file a written notice of claim of
lien with the Secretary of State not later than 75 days after the close of the
furnishing of the labor, services or materials. The Secretary of State shall
include a notice of claim of lien that is filed with the secretary under this
subsection in the index maintained by the secretary for filing financing
statements pursuant to ORS chapter 79.
(2) The notice of claim of lien required
under subsection (1) of this section shall be a statement in writing verified
by the oath of the lien claimant and must contain:
(a) A true statement of the lien claimants
demand after deducting all credits and offsets;
(b) The name of the owner of the chattel
to be charged with the lien;
(c) A description of the labor, services
or materials provided by the lien claimant for the benefit of the owner of the
chattel to be charged with the lien;
(d) A description of the chattel to be
charged with the lien sufficient for identification;
(e) A statement that the amount claimed is
a true and bona fide existing debt as of the date of the filing of notice of
claim of lien;
(f) The date on which payment was due to
the lien claimant for labor, services or materials;
(g) The terms of extended payment; and
(h) Such other information as the
Secretary of State may require for the written notice of claim of lien created
by ORS 87.226.
(3) If the person entitled to a lien under
ORS 87.216 to 87.232 does not properly file a notice of claim of lien within
the time required by subsection (1) of this section, the person waives the
right to the lien. [1975 c.648 §21; 1985 c.469 §4; 1987 c.297 §1; 2001 c.301 §7;
2007 c.71 §19]
87.245 [Repealed by 1975 c.648 §72]
87.246
Recording; fees. (1) 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.
(2) Notices filed with the Secretary of
State under ORS 87.242 shall:
(a) Be in a form prescribed by the
Secretary of State; and
(b) Be maintained as public records for a
period of time established by the Secretary of State.
(3) Fees for filing notices and requests
for copies of such notices shall be established by the Secretary of State under
ORS 177.130. Fees described in this subsection shall be nonrefundable. [1975
c.648 §22; 1987 c.297 §2; 1999 c.464 §3]
87.250 [Repealed by 1975 c.648 §72]
87.252
Notice to owner and holders of security interests; effect of failure to comply. (1) 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 owners last-known
address.
(2) When a lien claimant files a notice of
claim of lien as required by ORS 87.242, the lien claimant shall send a copy of
the notice to all holders of security interests in the chattel to be charged
with the lien who duly perfected such security interests by filing notice
thereof with the Secretary of State. The notice shall be mailed to holders of
perfected security interests within 30 days after the date of filing.
(3) No costs, disbursements or attorney
fees otherwise allowable as provided by ORS 87.336 shall be allowed to any
party failing to comply with subsections (1) and (2) of this section.
(4) If the total amount of a lien under
ORS 87.226 exceeds $20,000, that part of the lien exceeding $20,000 is
subordinate to any security interest in the crops, animals or proceeds to be
charged with the lien, if:
(a) The holder of the security interest
does not receive notice because of the lien claimants failure to comply with
subsection (2) of this section; and
(b) The holder of the security interest
duly perfects the interest before the date on which the lien claimant files a
notice of claim of lien. [1975 c.648 §23; 1985 c.469 §5; 1993 c.352 §1; 2001
c.301 §8]
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. [1975 c.648 §24]
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 foreclosed by suit. [1975 c.648 §25]
87.265 [Repealed by 1975 c.648 §72]
87.266
Duration of liens. (1)
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 stated in the notice of
claim of lien, then within six months after the expiration of the 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 filed
under ORS 87.242 by an agreement to extend payment.
(2) If either a suit to foreclose or a
proceeding under ORS 87.272 to 87.306 to foreclose a lien created by ORS 87.226
is not commenced in an appropriate court within 18 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 stated in the notice of claim of lien, within six months
after the expiration of the 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 of lien is filed under ORS 87.242 by an agreement to extend
payment. [1975 c.648 §26; 1985 c.469 §6]
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 showing, to the best
knowledge, information and belief of the lien claimant:
(1) The name and residence or place of
business of the lien debtor;
(2) The name and residence or place of
business of the person in possession of the chattel subject to the lien;
(3) The description of the chattel subject
to the lien in particularity sufficient to make possible its identification,
and the lien claimants estimate of the value and location of the chattel;
(4) A copy or verbatim recital of the
notice of claim of lien filed by the lien claimant under ORS 87.242;
(5) That there is no reasonable
probability that the lien debtor can establish a successful defense to the
underlying claim of the lien; and
(6) That the person filing the petition
under this section has fully complied with the notice and filing requirements
of ORS 9.370, 87.142 to 87.490, 87.705, 87.710, 87.910 and 90.120. [1975 c.648 §27]
87.275 [Repealed by 1975 c.648 §72]
87.276
Evidence admissible; issuance of show cause order. (1) 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.
(2) 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 lien claim,
the court shall issue a show cause order as provided in ORS 87.288. The finding
under this subsection is subject to dissolution upon hearing. [1975 c.648 §28]
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 claimants
lien be foreclosed by advertisement and sale if the court finds:
(1) 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
debtors agent executed before filing of the petition under ORS 87.272, has
declared substantially that the lien debtor is aware of the right to notice and
hearing on the question of the probable validity of the underlying lien claim
before the lien debtor can be deprived of the property in the possession or
control of the lien debtor or in the possession or control of another and that
the lien debtor waives that right and agrees that the lien claimant, or one
acting on behalf of the lien claimant, may take possession or control of the
chattel subject to the lien without first giving notice and opportunity for
hearing on the probable validity of the underlying lien claim;
(2) That there is no reason to believe
that the waiver or agreement is invalid; and
(3) That the lien debtor has voluntarily,
intelligently and knowingly waived that right. [1975 c.648 §29]
87.285 [Repealed by 1975 c.648 §72]
87.286 [Repealed by 1975 c.648 §72]
87.288
Show cause order; contents; service. (1) 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 claimants lien by advertisement and sale should not issue.
(2) The show cause order issued under
subsection (1) of this section shall be served in the same manner as a summons
is served on the lien debtor and on each other person to whom the order is
directed.
(3) The order shall:
(a) State that the lien debtor may file
affidavits with the court and may present testimony at the hearing; and
(b) State that if the lien debtor fails to
appear at the hearing the court may order foreclosure of the lien claimants
lien by advertisement and sale. [1975 c.648 §30]
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 heard, that the lien debtor understands that upon the signing by the lien
debtor of the writing the court will order the foreclosure of the lien claimants
lien so that the possession or control of the claimed property will be taken
from the lien debtor or another person, the court, without hearing, shall issue
the order of foreclosure by advertisement and sale. [1975 c.648 §31]
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. [1975 c.648 §32]
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. (1) 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 courts 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.
(2) When the lien claimant delivers a
certified copy of a courts order and a certified copy of the notice of claim
of lien to a sheriff under subsection (1) of this section, the lien claimant,
not later than the 30th day before the foreclosure sale, shall also send a copy
of that order and notice by registered or certified mail to each person with a
lien on the chattel to be sold recorded in the county of sale or with a
security interest in the chattel to be sold who has filed a financing statement
perfecting that security interest in the office of the Secretary of State or in
the office of the appropriate county officer of the county in which the sale is
held. If the chattel to be sold at the foreclosure sale is a chattel for which
a certificate of title is required by the laws of this state, the lien claimant
shall also so notify those persons whom the certificate of title indicates have
a security interest or lien in the chattel.
(3) The sheriff shall promptly take the
chattel described in the notice of claim of lien into the possession of the
sheriff and shall hold it until the foreclosure sale.
(4) After taking possession of a chattel
under subsection (3) of this section, a sheriff shall have a notice of
foreclosure sale printed once a week for two successive weeks in a daily or
weekly newspaper, as defined in ORS 193.010, published in the county in which
the sale is held or, if there is none, in a daily or weekly newspaper, as
defined in ORS 193.010, generally circulated in the county in which the sale is
held. The notice of foreclosure must contain a particular description of the
chattel to be sold, the name of the owner or reputed owner of the chattel, the
amount due on the lien, the time and place of the sale and the name of the
person foreclosing the lien. After that advertisement but not sooner than the
30th day after the sheriff received a certified copy of the courts order and
the certified copy of the notice of claim of lien under subsection (1) of this
section, the sheriff shall sell the chattel, or such part thereof as may be
necessary, at public auction to the highest bidder for cash. The sheriff shall
deliver the chattel to the highest bidder and shall give the highest bidder a
bill of sale containing an acknowledgment of payment for the chattel. [1975
c.648 §33]
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. (1) 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 claimants 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 in foreclosing it. If the person
does not so discharge the lien before the day of the foreclosure sale, the
security interest or lien claim of the person is extinguished.
(2) If the chattel to be sold at a
foreclosure sale is a chattel for which a certificate of title is required by
the laws of this state and if the lien claimant does not notify a person whom
the certificate of title indicates has a security interest or lien in the
chattel as required by ORS 87.306 (2), the chattel remains subject to that
security interest or lien and the buyer of the chattel at a foreclosure sale
held under ORS 9.370, 87.142 to 87.490, 87.705, 87.710, 87.910 and 90.120 takes
the chattel subject to the security interest or lien.
(3) If a lien claimant does not notify a
person, other than a person indicated on a certificate of title as a secured
party or lienholder, who claims a security interest or lien on the chattel sold
at a foreclosure sale as required by ORS 87.306 (2), the lien claimant is liable
to that person for a sum equal to the fair market value of the chattel sold at
the foreclosure sale or the amount due that person under the security agreement
or lien at the time of the foreclosure sale, whichever amount is less. The
secured party or other lien claimant shall recover that sum by an action at
law. [1975 c.648 §34]
87.315 [Amended by 1969 c.330 §6; repealed by 1975
c.648 §72]
87.316
Disposition of proceeds of foreclosure sale. (1) 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.
(2) After the payment of expenses and the
discharge of the lien, any amount remaining shall be paid by the sheriff to the
treasurer of the county in which the foreclosure sale is held. The remainder
shall be accompanied by a statement of the lien claim and the sheriffs costs in
foreclosing the lien, a copy of the published or posted notice and a statement
of the amount received for the chattel sold at the sale. The county treasurer
shall credit the remainder to the general revenue fund of the county, subject
to the right of the lien debtor, or the representative of the lien debtor, to
reclaim the remainder at any time within three years of the date of deposit
with the treasurer. If the remainder is not demanded and claimed within such
period, it shall become the property of the county. [1975 c.648 §35]
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 suit to foreclose,
the holder of the prior security interest shall be made a party defendant to
the foreclosure proceeding. The person holding the prior security interest may
extinguish the lien created by ORS 87.216 by either a foreclosure proceeding
under ORS chapter 88 or a nonjudicial foreclosure proceeding under ORS 79.0601
to 79.0628. [1975 c.648 §35a; 2001 c.445 §162]
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 all such property into the custody of the sheriff and protect, care for
and account for it and dispose of it according to the further order of the
court. The sheriff shall be paid actual expenses of receivership from the
proceeds of the sale of the property but shall be allowed no remuneration for
services. [1975 c.648 §36]
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 is a valid
lien without the written consent of the lien claimant, shall be liable to the
lien claimant for damages proximately resulting therefrom, which sum may be
recovered in an action at law without instituting foreclosure proceedings. The
court shall allow reasonable attorney fees at trial and on appeal to the
prevailing party. [1975 c.648 §37; 1981 c.897 §21]
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. [1975 c.648 §38;
1981 c.897 §22; 1981 c.898 §45]
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. (1) 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 claimed shall
pay the amount of the claim and all costs and attorney fees which are awarded
against the chattel on account of the lien. The bond shall be in an amount not
less than 150 percent of the amount claimed under the lien, and must be filed
prior to the commencement of a foreclosure proceeding by the lien claimant.
(2)(a) In lieu of the surety bond provided
for in subsection (1) of this section, a person may deposit with the treasurer
of the county in which the claim for lien is filed an irrevocable letter of
credit issued by an insured institution, as defined in ORS 706.008, or a sum of
money or its equivalent equal in value to 150 percent of the amount claimed
under the lien.
(b) When a person deposits money or an
irrevocable letter of credit with the treasurer of a county under this
subsection, the person shall file with the recording officer of the same county
an affidavit stating that the deposit was made.
(3) When a bond is filed under subsection
(1) of this section or an irrevocable letter of credit or money deposited and
an affidavit filed under subsection (2) of this section, the recording officer
shall issue to the owner or other person a certificate stating that the bond,
irrevocable letter of credit or money is substituted for the chattel and that
the lien on the chattel is discharged. A marginal entry of the discharge and
bond, irrevocable letter of credit or money shall be made in the index of liens
on chattels containing the original record of the claim of lien.
(4) When a bond is filed under subsection
(1) of this section, or money or an irrevocable letter of credit is deposited
under subsection (2) of this section, the owner or other person filing the bond
or depositing the money or an irrevocable letter of credit shall promptly send
a copy of the certificate received from the recording officer under subsection
(3) of this section to the lien claimant by registered or certified mail sent
to the lien claimant at the last-known address of the lien claimant.
(5) If the lien claimant establishes the
validity of the lien claim by a suit to enforce it, the lien claimant is
entitled to judgment against the sureties upon the bond, against the
irrevocable letter of credit issuer or against the deposited money. [1975 c.648
§39; 1991 c.331 §17; 1997 c.631 §389; 2003 c.576 §336]
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. (1) 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 full payment has been received from the lien debtor and that the claim of
lien is discharged.
(2) Upon receiving the certificate, the
Secretary of State or recording officer shall enter it in full length in the
index of liens upon chattels.
(3) If any lien claimant, after full
payment of the claim, within 10 days after being requested thereto, fails to
discharge the claim of lien, the person is liable to the owner of the chattel
formerly subject to the lien in the sum of $100 damages and for all actual
damages caused by the failure of the lien claimant to discharge the claim of
lien. The owner of the chattel shall recover those damages by an action at law.
(4) Upon the expiration of the 18-month
time period allowed by ORS 87.266 (2) for filing either a suit to foreclose or
a proceeding under ORS 87.272 to 87.306 to foreclose a lien created by ORS
87.226, the owner of chattels subject to a claim of lien that has ceased to
exist pursuant to ORS 87.266 (2) may file with the Secretary of State a
notarized certificate indicating:
(a) The date and location where the claim
of lien was filed with the Secretary of State;
(b) That the lien has expired and is
discharged because no suit to foreclose or proceeding under ORS 87.272 to
87.306 has been initiated with respect to such lien claim; and
(c) That the person filing such
certificate has personally contacted the clerk of the circuit court in such
county to determine that no suit to foreclose or proceeding under ORS 87.272 to
87.306 has been filed prior to the expiration of the time period set forth in
ORS 87.266 (2).
(5) Within 10 days after filing a
certificate under subsection (4) of this section, the person filing the
certificate shall mail or deliver a true copy thereof to all persons having
perfected security interests under ORS chapter 79 in the chattel which is the
subject of the lien to which the certificate applies. [1975 c.648 §40; 1985
c.469 §7; 1987 c.297 §3; 1995 c.658 §67; 2001 c.301 §9]
87.350 [Repealed by 1975 c.648 §72]
LIENS ON REAL
PROPERTY
87.352
Mining labor and material lien.
(1) A person has a lien upon a mine or an improvement to secure payment for
labor performed or materials furnished if that person:
(a) Performs labor upon or furnishes
provisions or materials for the development, working or operation of a mine,
improvement or excavation;
(b) Performs labor or furnishes materials
in transporting materials or provisions for the use, working or development of
a mine; or
(c) Performs labor in transporting
materials or the mines product from a mine or improvement.
(2) For purposes of this section, when two
or more mines are owned or claimed by the same person and worked through a
common excavation, or over one tram, or at one mill or other reduction works,
then all the mines so worked, and all excavations and improvements used or
owned in connection therewith shall be deemed one mine. [1975 c.648 §41]
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
reasonable or agreed charges for labor, and the materials or equipment
furnished. If the owner has less than a fee simple estate in the land, then
only the interest of the owner therein is subject to the lien created by this
section. [1975 c.648 §42; 1977 c.596 §3]
87.358
Nurserymans 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 simple estate in the land, then only the interest
of the owner therein is subject to the lien created by this section. [1975
c.648 §43]
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 interest of the owner therein is
subject to the lien created by this section. [1975 c.648 §44]
87.364
Attachment of liens. (1) 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.
(2) The lien created by ORS 87.362,
attaches to the land described in that section on the day of the first delivery
of electricity for which the lien is claimed. [1975 c.648 §45]
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. (1) 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.
(2) The notice of claim of lien required
under subsection (1) of this section must be a statement in writing verified by
the oath of the lien claimant, or, in the case of an electric cooperative or
electric utility, by the oath of an authorized agent, and must contain:
(a) A true statement of the lien claimants
demand, after deducting all just credits and offsets, for the labor performed
or the provisions, materials and equipment furnished or transported;
(b) The name of the owner or reputed
owner, if known, of the land to be charged with the lien;
(c) The name of the person by whom the
lien claimant was employed or to whom the lien claimant furnished the
provisions, electricity, materials, equipment or nursery stock; and
(d) A description of the property to be
charged with the lien sufficient for identification.
(3) If the person entitled to a lien under
ORS 87.352 to 87.362 does not file a notice of claim of lien within the time
required by subsection (1) of this section, the person waives the right of the
person to the lien. [1975 c.648 §46]
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. [1975 c.648 §47]
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 filed under ORS 87.366 by an
agreement to extend payment. [1975 c.648 §48]
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. [1975 c.648 §49]
87.385 [Repealed by 1975 c.648 §72]
87.386
Costs and attorney fees in foreclosure. (1) 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.
(2) 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 appeal to the prevailing party. [1975 c.648 §50; 1981 c.897 §23; 1981
c.898 §46]
87.390 [Repealed by 1975 c.648 §72]
87.392
Priorities of liens. (1)
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.
(2) Except for tax liens, assessment
liens, construction liens and liens created by ORS 87.352 and 87.356, the lien
created by ORS 87.362 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 87.362 attached.
(3) Except that the lien created by ORS
87.356 is prior to the lien created by ORS 87.362 without regard to the date on
which the lien created by ORS 87.362 attached to the land, the liens created by
ORS 87.356 and 87.358 are prior and superior to all other liens, mortgages and
encumbrances of a subsequent date against the land upon which the liens are
imposed. Property tax liens, whenever created, are prior and superior to the
liens created by ORS 87.356 and 87.358.
(4) Notwithstanding subsection (2) of this
section, a lien created by ORS 87.362 does not have priority over a mortgage on
the land recorded at the date of the first delivery of electricity for which a
lien may be claimed unless the electric cooperative or electric utility
delivers a notice in writing of its possible lien claim to the mortgagee within
30 days of the date of first delivery of the electricity.
(5) The notice required by subsection (4)
of this section shall state in substance:
(a) That the electric cooperative or
electric utility is starting to deliver electricity;
(b) The name of the person ordering the
electricity; and
(c) That a lien on the land may be claimed
for the cost of the electricity. [1975 c.648 §51]
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]
ATTORNEYS LIEN
87.430
Attorneys possessory lien.
An attorney 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 for services rendered to the client. The attorney
may retain the papers, personal property and money until the lien created by
this section, and the claim based thereon, is satisfied, and the attorney may
apply the money retained to the satisfaction of the lien and claim. [1975 c.648
§56 (enacted in lieu of 87.495)]
87.435
Bond, letter of credit or deposit of money to discharge attorneys possessory
lien; recording; notice to attorney. (1) 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 has the principal office of the
attorney a bond executed by a corporation authorized to issue surety bonds in
the State of Oregon to the effect that the owner of the papers and personal
property against which the lien is claimed shall pay the amount of the claim
and all costs which are awarded against the papers and personal property on
account of the lien. The bond shall be in an amount not less than 150 percent
of the amount claimed under the lien, and must be filed prior to the
commencement of a foreclosure proceeding by the attorney.
(2)(a) In lieu of the surety bond provided
for in subsection (1) of this section, a person may deposit with the treasurer
of the county in which the attorney has the principal office of the attorney an
irrevocable letter of credit issued by an insured institution, as defined in
ORS 706.008, or a sum of money or its equivalent equal in value to 150 percent
of the amount claimed under the lien.
(b) When a person deposits money or an
irrevocable letter of credit with the treasurer of a county under this
subsection, the person shall file with the recording officer of the same county
an affidavit stating that the deposit was made.
(3) When a bond is filed under subsection
(1) of this section or money or an irrevocable letter of credit deposited and
an affidavit filed under subsection (2) of this section, the recording officer
shall issue to the owner or other person a certificate stating that the bond,
irrevocable letter of credit or money is substituted for the chattel and that
the lien on the chattel is discharged.
(4) When a bond is filed under subsection
(1) of this section, or money or an irrevocable letter of credit is deposited
under subsection (2) of this section, the owner or other person filing the bond
or depositing the money shall promptly send a copy of the certificate received
from the recording officer under subsection (3) of this section to the attorney
by registered or certified mail.
(5) If the attorney establishes the
validity of the lien claim by a suit to enforce it under ORS chapter 88, the
attorney is entitled to judgment against the sureties upon the bond, against
the irrevocable letter of credit issuer or against the deposited money. [1975
c.648 §57 (enacted in lieu of 87.495); 1991 c.331 §18; 1997 c.631 §390; 2003
c.576 §337]
87.440
Determination of adequacy of bond or letter of credit. If an attorney 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 for lien
for some reason other than the amount of the bond or irrevocable letter of
credit, the attorney 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 the adequacy of the bond or irrevocable letter of credit. The
attorney shall state in detail the reasons for the inadequacy. If the court
determines that the bond is inadequate for one or more of the reasons stated by
the attorney, the court shall order such action as shall make the bond or
irrevocable letter of credit adequate to protect the claim for lien. [1975
c.648 §58 (enacted in lieu of 87.495); 1991 c.331 §19]
87.445
Attorneys lien upon actions and judgments. An attorney has a lien upon actions, suits and proceedings after the
commencement thereof, and judgments, orders and awards entered therein in the
clients favor and the proceeds thereof to the extent of fees and compensation
specially agreed upon with the client, or if there is no agreement, for the
reasonable value of the services of the attorney. [1975 c.648 §59 (enacted in
lieu of 87.495); 2003 c.576 §338]
87.450
Filing notice of claim of lien on judgment for sum of money. (1) When an attorney claims a lien under ORS
87.445, if the judgment is for a sum of money only, the attorney 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 the register of the court and in the judgment lien record maintained
by the court administrator under ORS 18.075.
(2) When an attorney files a notice of
claim of lien under subsection (1) of this section, the attorney shall send
forthwith a copy of the notice to the client by registered or certified mail
sent to the client at the last-known address of the client.
(3) A lien under ORS 87.445 on a judgment
for a sum of money only remains a lien on the judgment until the judgment
remedies for the judgment expire under ORS 18.180 to 18.192.
(4) For purposes of this section, a judgment
for a sum of money only does not include a judgment or order for the payment
of money for the support of any person under ORS 107.095, 107.105, 108.120,
109.155, 419B.400 or 419C.590. [1975 c.648 §60 (enacted in lieu of 87.495);
1993 c.33 §290; 1999 c.788 §43a; 2003 c.576 §188; 2007 c.339 §13]
87.455
Filing notice of claim of lien on judgment for possession of personal property;
recording; foreclosure. (1)
When an attorney claims a lien under ORS 87.445, if the judgment is for the
possession, award or transfer of personal property, the attorney 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 notice shall be filed with the
recording officer of the county in which the judgment is rendered, with the
recording officer of the county, if known, in which the personal property is
located and with the recording officer of the county, if known, in which the
attorneys client resides. The recording officer of a county shall record the
notices filed under this section in a book called index of liens upon
chattels.
(2) Except as provided in subsection (3)
of this section, a lien under ORS 87.445 on a judgment for the possession,
award or transfer of personal property must be foreclosed in the manner
provided in ORS chapter 88, not later than one year after the notice of claim
of lien is filed under subsection (1) of this section.
(3) An attorney and the client of the
attorney may, by an agreement in writing, extend the period of time within
which a lien created by ORS 87.445 must be foreclosed to two years after the
notice of claim of lien is filed. An agreement to extend a foreclosure period
under this subsection shall contain the time and place of the filing of the
notice of claim of lien by the attorney and shall be filed with the recording
officer with whom the notice of claim of lien was filed. [1975 c.648 §61
(enacted in lieu of 87.495); 2003 c.576 §339]
87.460
Filing of notice of claim of lien on judgment for possession of real property;
recording; foreclosure. (1)
When an attorney claims a lien under ORS 87.445, if the judgment is for the
possession, award or conveyance of real property, the attorney 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 notice shall be filed with
the recording officer of the county in which the real property, or any part of
it, is situated. The recording officer of a county shall record the notices
filed under this section in a book that shall be indexed in the same manner as
the record of deeds and mortgages.
(2) Except as provided in subsection (3)
of this section, a lien under ORS 87.445 upon a judgment for the possession,
award or conveyance of real property must be foreclosed in the manner provided
in ORS chapter 88, not later than one year after the notice of claim of lien is
filed under subsection (1) of this section.
(3) An attorney and the client of the
attorney may, by agreement, in writing, extend the period of time within which
a lien created by ORS 87.445 must be foreclosed to two years after the notice
of claim of lien is filed. An agreement to extend a foreclosure period under
this subsection shall contain the time and place of the filing of the notice of
claim of lien by the attorney and shall be filed with the recording officer
with whom the notice of claim of lien was filed. [1975 c.648 §62 (enacted in
lieu of 87.495); 2003 c.576 §340]
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. [1975 c.648 §63
(enacted in lieu of 87.495)]
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:
(1) A statement of the attorneys demand, including
the amount of the fee or compensation of the attorney;
(2) The name of the case in which the
judgment was entered, the date on which the judgment was entered in the
register, and a description of the real or personal property which is to be
awarded, transferred or conveyed to the client under the judgment;
(3) A statement that the amount claimed is
a true and bona fide existing debt as of the date of the filing of the notice
of claim of lien; and
(4) The date on which payment was due to
the attorney for professional services to the client. [1975 c.648 §64 (enacted
in lieu of 87.495); 2003 c.576 §189]
87.475
Effect of settlement on attorneys lien; satisfaction of judgment. (1) 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.
(2) 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 have the right to satisfy the lien created by ORS 87.445
or any judgment, order or award entered in the action, suit or proceeding until
the lien, and claim of the attorney for fees based thereon, is satisfied in full.
(3) A judgment debtor may pay the full
amount of a judgment into court and the clerk of the court shall thereupon
fully satisfy the judgment on the record and the judgment debtor shall be
thereby released from any further claims thereunder.
(4) If more than one attorney appears of
record for a litigant, the satisfaction of the lien created by ORS 87.445 by
any one of the attorneys is conclusive evidence that the lien is fully
satisfied. [1975 c.648 §65 (enacted in lieu of 87.495); 2003 c.576 §341]
87.480
Attorneys 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. [1975 c.648 §66
(enacted in lieu of 87.495); 2003 c.576 §342]
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. [1975
c.648 §67 (enacted in lieu of 87.495); 1981 c.897 §24]
87.490
Priority of attorneys lien upon actions and judgments. (1) 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.
(2) When the lien of an attorney created
under ORS 87.445 attaches to a judgment allowing or enforcing a clients lien,
the attorneys lien has the same priority as the clients lien with regard to
personal or real property subject to the clients lien. [1975 c.648 §68
(enacted in lieu of 87.495); 2003 c.576 §343; 2005 c.383 §12]
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:
(1) 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.
(2) Care means all the services rendered
in a long term care facility, including but not limited to medical care, room
and board, nursing care, administrative costs, supplies, equipment and
ancillary services such as therapies.
(3) Decedent means an individual who has
died leaving property that is subject to administration.
(4) Decedents estate means the real and
personal property of a decedent, as from time to time changed in form by sale,
reinvestment or otherwise, and augmented by any accretions or additions thereto
and substitutions therefor or diminished by any decreases and distributions
therefrom. The term does not include assets placed in trust for the decedent by
other persons.
(5) Long term care facility means
facilities licensed as skilled nursing facilities or intermediate care
facilities, as those terms are defined in ORS 442.015, and residential care
facilities and adult foster homes licensed under ORS chapter 443. [1995 c.749 §1;
1997 c.249 §29; 1997 c.744 §1; 2001 c.104 §26]
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. (1) 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 decedents estate of that
individual, is liable for the contracted costs of care. The individual
receiving care and any authorized representative shall be given an itemized
statement of goods and services provided as each payment becomes due. If the
individual or an authorized representative of that individual refuses to pay
the long term care facility for the costs of care within 30 days after the
services are rendered and any portion thereof are billed to the individual or
the authorized representative of the individual, the unpaid amount plus
interest thereon at the legal rate of interest provided for in ORS 82.010 shall
be a lien in favor of the long term care facility against the real property of
the individual receiving care. The lien shall attach to the real property on
the day, whichever is later, that is:
(a) The 30th day after the first services
for which the lien is claimed are performed; or
(b) The 30th day after the first unpaid
payment for care becomes due.
(2) At the time of signing a written
contract for care at the facility, a long term care facility shall provide to the
individual who will receive care under the contract or to the authorized
representative of the individual a written statement describing the provisions
of ORS 87.501 to 87.542. The written statement shall describe the procedures,
process and rights and responsibilities of the individual receiving care and
the long term care facility under ORS 87.501 to 87.542. Notwithstanding ORS
87.507 and 87.522, if a long term care facility does not provide such written
statement as required by this subsection to an individual or an authorized
representative, the lien created by this section for the contracted costs of
care provided to the individual may not be perfected and may not be foreclosed.
(3) Notwithstanding subsection (1) of this
section, real and personal property held in trust by a trustee for an
individual receiving care are subject to the laws of this state applicable to
trusts. [1995 c.749 §2; 1997 c.744 §2]
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. (1) In order to perfect a lien created by
ORS 87.503, a long term care facility shall:
(a) File a notice of lien with the
recording officer of the county or counties in which the real property is
located; and
(b) Serve a certified copy of the notice
of lien by registered or certified mail upon the individual or the authorized
representative of the individual.
(2) A person claiming a lien under ORS
87.501 to 87.542 shall file the notice of lien no sooner than 60 days and no
later than 120 days after the date on which the lien attached to the real
property of the individual under ORS 87.503. [1995 c.749 §3; 1997 c.744 §3]
Note: See note under 87.501.
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:
(1) 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 date of the notice, after
deducting all credits and offsets;
(2) The name of the individual who
received care;
(3) The name, address and telephone number
of the long term care facility;
(4) A statement that the amount claimed is
a true and bona fide existing debt as of the date of filing the notice of lien;
(5) A statement that the lien may cover
contracted services provided by the long term care facility subsequent to the
services itemized under subsection (1) of this section and that interested
persons may obtain information on the current amount due under the lien by
contacting the long term care facility;
(6) A statement that the long term care
facility has given the individual or an authorized representative a written
summary of the requirements and procedures for establishing eligibility for
Medicaid, including the right to an assessment that determines the extent of
spouses nonexempt resources at the time of institutionalization and attributes
to the community spouse an equitable share of the resources that can not be
considered available for payment of costs for the medical care of the
institutionalized spouse in the process of spending down to Medicaid
eligibility levels. The written statement shall be given no fewer than 30 days
and no more than 60 days before the notice of lien is filed. The long term care
facility may meet the requirement of this subsection by providing written
materials relating to Medicaid eligibility for long term care services for
persons with disabilities and elderly persons used by the Department of Human
Services; and
(7) A description of the real property to
be charged with the lien that complies with ORS 93.600. [1995 c.749 §4; 1997
c.744 §6; 2001 c.900 §12; 2007 c.70 §17]
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.
The recording officer of the county shall record the notices filed under ORS
87.507 in the record of deeds and mortgages. [1995 c.749 §5; 1997 c.744 §7]
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 reasonable attorney fees
at trial and on appeal to the prevailing party. [1995 c.749 §6]
Note: See note under 87.501.
87.525 [Repealed by 1975 c.648 §72]
87.527
Limitations on property subject to lien. Notwithstanding ORS 87.503 (1):
(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:
(a) The individual who received care.
(b) The spouse of the individual.
(c) A child of the individual, if the
child is a minor or has a disability.
(d) A sibling of the individual who has an
equity interest in the home, but only when the sibling continuously resided in
the home during the calendar year immediately preceding the date on which the
individual first received care.
(e) Any other child of the individual, but
only when the child continuously resided in the home during the two-year period
immediately preceding the date on which the individual first received care and
provided assistance during that period that delayed the need for care.
(2) A lien created by ORS 87.503 on the
home of a deceased individual who received care may not be foreclosed for as
long as any of the following individuals reside in the home:
(a) The surviving spouse of the
individual.
(b) A child of the individual, if the
child is a minor or has a disability.
(c) A sibling of the individual, but only
when the sibling continuously resided in the home during the calendar year
immediately preceding the date on which the individual first received care.
(d) Any other child of the individual, but
only when the child continuously resided in the home during the two-year period
immediately preceding the date on which the individual first received care and
provided assistance during that period that delayed the need for care.
(3) A lien created by ORS 87.503 on other
real property of a deceased individual may not be foreclosed while there is:
(a) A surviving spouse; or
(b) A child of the individual, if the
child is a minor or has a disability. [1995 c.749 §7; 1997 c.744 §8; 2007 c.70 §18]
Note: See note under 87.501.
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:
(1) 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.
(2) The priority given to the recovery of
medical assistance payments under ORS 115.125 (1)(i) or other medical
assistance claims under ORS 414.105 (2) and (3).
(3) The eligibility of a person for
medical assistance or entitlement to Medicaid assistance payments. [1995 c.749 §8;
2001 c.316 §3]
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. (1) 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.
(2) Any period of time during which a lien
created by ORS 87.503 may not be foreclosed under ORS 87.527 shall not be part
of the period of time during which the lien exists under subsection (1) of this
section. The existence of a lien created by ORS 87.503 shall not be extended in
any case for longer than 180 days after a circumstance preventing foreclosure
under ORS 87.527 ceases. A lien created by ORS 87.503 shall not continue in
existence for a period of more than 10 years after the date on which the lien
was perfected under ORS 87.507. [1995 c.749 §9; 1997 c.744 §9]
Note: See note under 87.501.
87.539
Discharge or release of lien claim; recordation; penalty for failure to discharge
or release lien claim. (1)
When a long term care facility receives payment from an individual, an
individuals 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 received and that the
lien is discharged.
(2) Within 20 days after being notified
that the individual is eligible for Medicaid, the long term care facility shall
file with the recording officer of the county in which the notice of lien was
filed a certificate releasing the claim of lien upon any property protected
under ORS 87.533.
(3) The recording officer of the county
shall record the certificate of discharge or release in the appropriate lien
docket.
(4) If, after receiving payment for the
care claimed in a notice of lien filed under ORS 87.507, a long term care
facility fails to discharge the lien or release the claim of lien within 10
days, the long term care facility is liable to the individual or to the spouse
or the estate of the individual for $100 or the amount of actual damages,
whichever amount is greater.
(5) In all actions brought under this
section, the court may allow reasonable attorney fees at trial and on appeal to
the prevailing party. [1995 c.749 §10; 1997 c.744 §10]
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. (1) 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 shall have priority over any other
lien, mortgage, trust deed or other encumbrance that attached to the real
property or was recorded subsequent to the recording of the notice of lien
under ORS 87.507.
(2) A lien created under ORS 87.503 is
void as against any purchaser in good faith and for a valuable consideration of
the same real property whose interest is recorded prior to the recording of the
notice of lien under ORS 87.507.
(3) ORS 93.645 shall apply to a lien
created under ORS 87.503 as if the lien were a judgment lien. [1997 c.744 §5]
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.
(1) 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 who treats the injured person in the
hospital or who provides medical services shall have a lien upon any sum
awarded the injured person or the personal representative of the person by
judgment or award or obtained by a settlement or compromise to the extent of
the amount due the hospital and the physician for the reasonable value of such
medical treatment rendered prior to the date of judgment, award, settlement or
compromise. However, no such lien shall be valid against anyone coming under
the Workers Compensation Act.
(2) When the injured person receiving
hospitalization or medical care from a physician is the beneficiary of an
insurance policy, including a policy that provides personal injury protection
coverage or similar no-fault medical insurance but excluding a health insurance
policy, that provides for payment of such hospitalization and medical care,
both the hospital and physician shall have liens upon the amount payable under
the insurance policy. If a hospital or physician has properly perfected a lien
pursuant to ORS 87.565 (2), the insurer obligated to make payment shall pay the
sum due under the insurance policy directly to the hospital and physician in
the amount due each for services rendered, and such payment shall constitute a
release of the insurer making the payment to the extent of the payment.
(3) When there are insufficient funds to
satisfy in full the liens of all hospitals and physicians claiming a lien
created by this section, the insurer making the payment shall prorate the
available funds without regard to the sequence of the filing of the notice of
lien by the hospitals or physicians, and pay the hospitals or physicians in
proportion to the amount due each for services rendered. [Amended by 1989 c.727
§1; 1999 c.146 §1]
87.560
Limitations on extent of lien.
(1) No lien under ORS 87.555 (1) shall be allowed:
(a) For hospitalization and treatment from
a physician rendered after a settlement has been effected by or on behalf of
the party causing the injury;
(b) Against any sum for necessary attorney
fees, costs and expenses incurred by the injured party in securing a
settlement, compromise, award or judgment; or
(c) For an amount payable for medical
services under a policy that provides personal injury protection coverage
provided to an injured person prior to a hospital or physician perfecting a
lien under ORS 87.565 (2).
(2) This section does not preclude a
hospital or a physician licensed under ORS chapter 677 from perfecting a lien
under ORS 87.555. [Amended by 1989 c.727 §2; 1999 c.146 §2; 2005 c.465 §5]
87.565
Notice of lien required. (1)
In order to perfect a lien under ORS 87.555 (1), a hospital, an owner or
operator of a hospital or a physician shall:
(a) 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, with the recording officer of the county wherein such hospital is
located; and
(b) Prior to the date of judgment, award,
settlement or compromise, serve a certified copy of the notice of lien by
registered or certified mail upon:
(A) The person alleged to be responsible
for causing the injury and from whom damages are or may be claimed or to the
last-known address of the person; or
(B) The insurance carrier that has insured
the person alleged to be responsible, if such insurance carrier is known.
(2) In order to perfect a lien under ORS
87.555 (2), a hospital, an owner or operator of a hospital or a physician
shall:
(a) 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, with the recording officer of the county wherein such hospital is
located; and
(b) Serve a certified copy of the notice
of lien by certified mail upon the insurance company that is obligated to make
payment for hospitalization and medical services. [Amended by 1979 c.123 §1;
1989 c.727 §3; 1991 c.249 §7; 1995 c.100 §1; 1999 c.146 §3]
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 ______,
State of ______, on or about the ___ day of ______, and the ______ (name of
claimant) hereby claims a lien upon any money due or owing or any claim for
compensation, damages, contribution, settlement, award or judgment from any
person alleged to have caused the injuries and any other person liable for the
injury or obligated to compensate the injured person on account of the
injuries. The lien applies to any person or insurer that provides for payment
for hospitalization services or medical treatment rendered to the injured
person, including an insurer that provides personal injury protection coverage
or similar no-fault medical insurance. The hospitalization services or medical
treatment was rendered to the injured person between the ______ day of ______
and the ___ day of ______.
STATEMENT OF AMOUNT DUE
______________________________________________________________________________
Thirty days have
not elapsed since that time. The claimants demand for hospitalization services
or medical treatment is in the sum of $_____ and no part thereof has been paid,
except $_____, and there is now due and owing and remaining unpaid thereof,
after deducting all credits and offsets the sum of $_____, in which amount lien
is hereby claimed.
____________, Claimant.
State of
) ss.
I, ______, being first duly sworn on oath
say: That I am ______ named in the foregoing claim of lien; that I have read
the same and know the contents thereof and believe the same to be true.
_______________
Subscribed and sworn to before me this ___
day of ______, 2___.
_______________, Notary Public.
______________________________________________________________________________
[Amended by 1989
c.727 §4; 1995 c.100 §2; 1999 c.146 §4; 2001 c.104 §27; 2007 c.71 §20]
87.575
Hospital and physician lien docket. Each recording officer shall maintain a hospital and physician 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 filing
the notice and the amount claimed. The recording officer shall make an index
thereto in the names of the injured persons. [Amended by 1989 c.727 §5; 1999
c.146 §5]
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. (1) A
person or insurer shall be liable to a hospital and physician 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, or the proportion of that amount as determined under ORS 87.555 (3),
if the person or insurer:
(a) Has received a notice of lien that
complies with ORS 87.565;
(b) Has not paid the hospital and
physician the reasonable value of hospitalization services and medical
treatment that the hospital and physician rendered; and
(c) Pays moneys to the injured person, the
heirs or personal representative of the injured person, the attorney for the
injured person or for the heirs or personal representative of the injured
person, or a person not claiming a valid lien under ORS 87.555, as compensation
for the injury suffered or as payment for the costs of hospitalization services
or medical treatment incurred by the injured person.
(2) An action arising under subsection (1)
of this section shall be commenced within 180 days after the date of payment
under subsection (1)(c) of this section. [1999 c.146 §7 (enacted in lieu of
87.580)]
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 fees at trial and on appeal. [Amended
by 1981 c.897 §25; 1999 c.146 §8; 2003 c.576 §344]
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:
(1) Ambulance has the meaning given that
term in ORS 682.025.
(2) 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 transported.
(3) Governmental unit means the state,
any county, city or other municipal corporation or any department, board or
other agency of any of them. [1983 c.821 §2; 1985 c.16 §446; 2007 c.70 §19]
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 reimbursement under the
contract may pay the sum due thereunder directly to the person or governmental unit,
and that payment shall constitute a full release of the party to the amount of
the payment. [1983 c.821 §3]
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:
(1) 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
(2) Prior to the date of judgment,
settlement or compromise, serve a certified copy of the notice of lien by
registered or certified mail upon the insurer or health care service contractor
which has agreed to indemnify or compensate the individual for any costs
incurred for ambulance services. [1983 c.821 §4]
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:
(1) A true statement of demand, after
deducting all credits and offsets;
(2) The name of the individual who
received ambulance services;
(3) An itemized statement of the ambulance
services provided;
(4) A statement that the amount claimed is
a true and bona fide existing debt as of the date of the filing of the notice
of lien; and
(5) The date on which payment for the
ambulance services is due. [1983 c.821 §5]
87.620 [Repealed by 1975 c.648 §72]
87.623
Notices recorded in hospital lien docket. The recording officer of the county shall record the notices filed
under ORS 87.613 in the hospital lien docket maintained under ORS 87.575. [1983
c.821 §6]
87.625 [Repealed by 1975 c.648 §72]
87.627
Payment after notice of lien; liability to provider of services; exception. (1) 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 amount claimed by the person or governmental unit in the notice, the
insurer or health care service contractor is liable to the person or
governmental unit for the amount claimed in the notice of lien. For 180 days
after the date of such payment, the person or governmental unit has a cause of action
against the insurer or health care service contractor.
(2) If an insurer or health care service
contractor pays for ambulance services according to the terms of its policy or
contract in response to a claim received earlier than the certified copy of a
notice of lien for those ambulance services is received under ORS 87.613, then
the insurer or health care service contractor is not liable for the amount
claimed in the notice of lien and the person or governmental unit has no cause
of action under ORS 87.603 to 87.633 against the insurer or health care service
contractor. [1983 c.821 §7]
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. [1983
c.821 §8]
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. As used in ORS 87.685 to 87.693, unless the context requires
otherwise:
(1) Default means the failure to perform
in a timely manner any obligation or duty set forth in the rental agreement.
(2) Last known address means the address
provided by the occupant in the latest rental agreement or the address provided
by the occupant in a subsequent written notice of a change of address.
(3) Occupant means a person or a
sublessee, successor or assignee of the person who is entitled, under a rental
agreement, to the exclusive use of specified storage space at a self-service
storage facility.
(4) Owner means the owner, operator,
lessor or sublessor of a self-service storage facility or an agent or any other
person authorized by the owner, operator, lessor or sublessor to manage the
facility or to receive rent from an occupant under a rental agreement.
(5) Personal property means movable
property not affixed to land and includes, but is not limited to, goods,
merchandise, household items and watercraft.
(6) Rental agreement means any written
agreement or lease that establishes or modifies the terms, conditions, rules or
any other provisions concerning the use and occupancy of a self-service storage
facility.
(7) Self-service storage facility means
any real property designed and used for the purpose of renting or leasing
individual storage space to occupants who are to have access to the storage
space for the purpose of storing and removing personal property. The term does
not include a warehouse or other facility used for storage of personal property
and at which a warehouse receipt, bill of lading or other document of title
covering the personal property is issued under ORS chapter 77 by the
warehouseman or other person operating the facility. The term self-service
storage facility does not include real property used for residential purposes.
[1997 c.374 §2]
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. (1) Each rental agreement shall describe
whether personal property of the occupant stored at the self-service storage
facility is protected by insurance held by the owner.
(2) If the personal property is protected
by insurance held by the owner, the rental agreement shall contain a statement
describing the nature of the insurance coverage.
(3) If the personal property is not
protected by insurance held by the owner, the rental agreement shall contain a
statement indicating that the personal property of the occupant is not
protected by insurance held by the owner.
(4) At the time the occupant signs the
rental agreement, the occupant shall initial the applicable statement described
in subsection (2) or (3) of this section regarding insurance. [1999 c.719 §2]
Note: See note under 87.685.
87.687
Self-service storage facility owners possessory lien; attachment of lien;
priority of lien. (1) 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, expenses necessarily incurred in
preserving the personal property and expenses reasonably incurred in the sale
or other disposition of the personal property under ORS 87.689. The owner may
retain the personal property until the rent and other charges and expenses are
paid.
(2) The lien created by this section
attaches to personal property of an occupant at the time at which the personal
property is stored at the self-service storage facility.
(3) Except for a lien or security interest
that is perfected prior to the attachment of the lien created by this section,
the lien created by this section has priority over any other lien or security
interest or encumbrance on the personal property subject to the lien. [1997
c.374 §3]
Note: See note under 87.685.
87.689
Notice of foreclosure and sale.
(1) The lien created by ORS 87.687 may be foreclosed upon default by the
occupant.
(2) Before an owner may foreclose a lien
created by ORS 87.687 by sale, the owner shall give notice of the foreclosure
and sale to the occupant by registered or certified mail sent to the occupant
at the last known address of the occupant.
(3) Notice provided under this section
shall include:
(a) An itemized statement of the owners
claim showing the sum due at the time of notice.
(b) An identification of the specific unit
rented by the occupant at the self-service storage facility.
(c) A statement that access to the
occupants personal property stored at the self-service storage facility is
denied, if such denial is permitted under the terms of the rental agreement.
(d) A demand for payment within a
specified time not earlier than 30 days after default.
(e) A conspicuous statement declaring
that, unless the claim is paid within the time stated in the notice, the
personal property will be advertised for sale and will be sold at a specified
time and place.
(f) The name, street address and telephone
number of the owner or the owners designated agent whom the occupant may
contact to respond to the notice.
(4) Any notice given under this section is
presumed delivered when it is properly addressed with postage prepaid and
deposited with the United States Postal Service. [1997 c.374 §4]
Note: See note under 87.685.
87.691
(2) After the expiration of the time
specified in the notice given under ORS 87.689, if the personal property
subject to the lien created by ORS 87.687 has a fair market value of more than
$100, an advertisement of the sale shall be published once a week for two
consecutive weeks in a newspaper of general circulation in the city or county
in which the self-service storage facility is located. If there is no newspaper
of general circulation in such city or county, the advertisement shall be
posted in not less than six conspicuous places in the neighborhood in which the
self-service storage facility is located. The advertisement shall include:
(a) The address of the self-service
storage facility, the number, if any, of the space where the personal property
is located and the name of the occupant.
(b) The time, place and manner of the
sale.
(3) The sale of the personal property
shall not take place earlier than 15 days after the first publication or
posting. The sale shall conform to the terms stated in the advertisement
published or posted under this section.
(4) The sale of the personal property
shall be held at the self-service storage facility or at a suitable place
closest to where the personal property is held or stored.
(5) If no bids are received at the public
sale held under this section, the owner may otherwise dispose of the property
in the sole discretion of the owner.
(6) Before any sale or other disposition
of the personal property under this section, the occupant may pay the amount
necessary to satisfy the lien and the reasonable expenses incurred under this
section and thereby redeem the personal property. Upon receipt of such payment,
the owner shall return the personal property, and thereafter the owner shall
have no liability to any person with respect to the personal property.
(7) After a sale under this section, the
owner may satisfy the lien created by ORS 87.687 from the proceeds of the sale,
but shall hold the balance, if any, for delivery on demand to the occupant. If
the occupant does not claim the balance of the proceeds within two years after
the date of sale, the balance of the proceeds shall become the property of the
owner without further recourse by the occupant.
(8) A purchaser in good faith of the
personal property sold to satisfy a lien created by ORS 87.687 takes the
property free of any rights of persons against whom the lien was valid, despite
noncompliance by the owner with the requirements of this section and ORS
87.689. [1997 c.374 §5]
Note: See note under 87.685.
87.693
ORS 87.687 as exclusive law for creating lien; exception. (1) 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.
(2) 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. [1997 c.374 §6]
Note: See note under 87.685.
87.695
Short title. ORS 87.685 to
87.695 shall be known as the Oregon Self-Service Storage Facility Act. [1997
c.374 §1; 1999 c.59 §253]
Note: See note under 87.685.
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:
(1) 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 as defined in ORS 571.505.
(2) Agricultural producer means a person
that engages in or has engaged in the business of growing or producing
agricultural produce for market or for delivery or transfer to others owning or
holding title to the produce. Agricultural producer includes a landowner,
producer, landlord, tenant, sharecropper or other person who participates in
the growing of agricultural produce and receives a share of the produce.
(3) Meat animal has the meaning for that
term provided in ORS 603.010.
(4) Person means individual,
corporation, partnership, association, joint stock company, trust, limited
liability company, limited liability partnership, cooperative, government
entity, unincorporated organization or other business entity.
(5) Purchaser does not include a
cooperative organized and operating under ORS chapter 62, including a foreign
cooperative authorized to do business in this state under ORS chapter 60, if
the agricultural producer is a member of the cooperative.
(6) Security interest has the meaning
given that term in ORS 71.2010 (37). [1973 c.647 §2; 1975 c.703 §6; 1999 c.612 §1;
2001 c.301 §10; 2005 c.657 §4]
87.705
Agricultural produce lien; date lien attaches. (1) 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 transferred to the purchaser by any agricultural producer and to
all other inventory of the purchaser. The lien also attaches to proceeds
received by the purchaser from the sale by the purchaser to a third party of
any raw or processed agricultural produce. If the agricultural produce that an
agricultural producer delivers to the purchaser consists of meat animals, the
lien also attaches to all accounts receivable by the purchaser from the sale of
any agricultural produce to a third party. The lien on the agricultural
produce, inventory, proceeds or accounts receivable attaches on the date
physical possession of the agricultural produce is delivered or transferred by
the agricultural producer to the purchaser or an agent of the purchaser.
(2) An agricultural producer that claims a
lien under subsection (1) of this section need not file any notice in order to
perfect the lien. The agricultural producer must file a notice of lien as
provided in ORS 87.710 to extend the lien beyond the normal expiration date.
(3) The lien created by this section is
subject to the provisions of ORS 79.0320 (1).
(4) An agreement by an agricultural
producer purporting to waive the right to file notice under ORS 87.710 of a
lien created by this section is void as contrary to public policy. [1973 c.647 §3;
1975 c.648 §53; 1999 c.612 §2; 2001 c.301 §11; 2007 c.71 §21]
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. (1) 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. If the agricultural producer
extends the lien, the lien expires no later than the 225th day after the date
that the final payment to the producer is originally due.
(2) An agricultural producer may extend a
lien created under ORS 87.705 by filing a notice of lien with the Secretary of
State. The agricultural producer may file the notice only during the period
after the date that payment for the agricultural produce is originally due and
no later than the 45th day after the date that the final payment for the
produce is due. The notice must be supported by affidavit and contain:
(a) A true statement of the agricultural
producers demand after deducting all credits and offsets;
(b) The name of the purchaser that
received the agricultural produce to be charged with the lien;
(c) A description of the produce delivered
or transferred by the producer sufficient to identify the basis for the lien;
(d) A statement that the amount claimed is
a true and bona fide existing debt as of the date of the filing of the notice
of lien;
(e) The date that the final payment to the
producer was originally due; and
(f) Such other information as the
Secretary of State may require.
(3) If an agricultural producer files a
notice of lien under this section, the producer shall send notice to all
persons that have filed a financing statement under ORS chapter 79 that
perfects a security interest in all or part of the same inventory, proceeds or
accounts receivable. The notice to those persons must provide the same
information contained in the notice of lien required by subsection (2) of this
section and be sent by certified mail, return receipt requested.
(4) The agricultural producer must send
notice to other persons as required by subsection (3) of this section no later
than the 20th day after filing the notice of lien. If the agricultural producer
does not send a person notice within the required time, the lien created under
ORS 87.705 becomes subordinate to that persons perfected security interest in
the agricultural produce, proceeds or accounts receivable of the purchaser.
(5) For purposes of this section, final
payment to the agricultural producer for agricultural produce is due:
(a) On the date specified for payment in
the contract between the purchaser and the producer; or
(b) If there is no contract or no date of
payment is specified in the contract, two business days after the purchaser
takes delivery of the produce.
(6) Notwithstanding ORS 174.120, for
purposes of this section and ORS 87.730 and 87.735, if the last day of the
period for performing an act is a Saturday, or a legal holiday as specified in
ORS 187.010 and 187.020, the period runs until the end of the next day that is
not a Saturday or legal holiday. [1973 c.647 §4; 1975 c.648 §54; 1975 c.703 §7;
1999 c.612 §3; 2001 c.301 §12]
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 inventory, proceeds or accounts receivable
before or after a lien created by ORS 87.705 attaches. Except as provided in
ORS 87.710 (4), all liens of the class created under ORS 87.705, regardless of
the date of attachment or the date of notice of lien, are of equal priority and
payable pro rata in proportion to the size of each lien. This section does not
prohibit an unequal pro rata recovery between agricultural producers supplying
meat animals and other agricultural producers if the inequality results from a
lien on accounts receivable created under ORS 87.705. [1973 c.647 §5; 2001
c.301 §13]
87.720 [1973 c.647 §6; 1991 c.230 §22; repealed by
2001 c.301 §25]
87.725
Foreclosure; costs allowable to prevailing plaintiff. (1) The lien created by ORS 87.705 shall be
foreclosed in the manner provided by law for the foreclosure of liens
generally.
(2) 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 fees at trial and on appeal. [1973
c.647 §7; 1981 c.897 §26]
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 producer is originally due. [1973 c.647 §8; 2001 c.301 §14]
87.735
Filing certificate of lien satisfaction upon payment for produce; liability of
producer for failure to discharge lien. (1) 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.
(2) Upon receiving the certificate, the
Secretary of State shall enter the certificate in the index maintained by the
secretary for filing financing statements pursuant to ORS chapter 79.
(3) If an agricultural producer that
receives full payment for agricultural produce fails to file the certificate
described in subsection (1) of this section on or before the 10th day after
receiving a request for filing from a purchaser, the producer is liable to the
purchaser in the sum of $100 damages and for all actual damages caused by the
failure, to be recovered in an action at law. [1973 c.647 §9; 1999 c.612 §4;
2001 c.301 §15]
87.736
Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735;
fees for filing and for furnishing copies. (1) 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 79. The secretary shall
maintain the notices and certificates as public records for a period of time
established by the secretary.
(2) The Secretary of State shall establish
fees pursuant to ORS 177.130 for filing notices and certificates and for
furnishing copies of notices or certificates. Fees established pursuant to this
subsection are nonrefundable. [2001 c.301 §2]
87.740 [1973 c.647 §10; 1983 c.740 §7; 1999 c.612 §5;
2001 c.301 §16; renumbered 87.228 in 2001]
GRAIN PRODUCERS
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:
(1) 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, sharecropper or other person who participates in the growing of grain
and receives a share of the grain.
(2) Grain means wheat, seed corn, corn
used for animal feed, oats, barley, rye, flaxseed, certified alfalfa seed,
agricultural seed as defined in ORS 633.511 (1), vegetable seed as defined in
ORS 633.511, the seed of any cereal grain, soybeans, grain sorghum, dry beans
and dry peas and any other grain for which standards are established or
followed by the State Department of Agriculture.
(3) Inventory means all grain purchased
or received from agricultural producers, whether in bulk lots or in blended or packaged
form. Inventory does not include the equipment or supplies of the person
holding or owning the grain.
(4) Person means individual,
corporation, partnership, association, joint stock company, business trust,
limited liability company, limited liability partnership, cooperative,
government entity, unincorporated organization or other business entity. [1981
c.446 §2; 1983 c.141 §1; 1995 c.371 §10; 2001 c.301 §17]
87.755
Grain producers lien; date lien attaches; priority. (1) 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.
(2) 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 by the agricultural
producer to the purchaser or an agent of the purchaser. If grain is delivered
or transferred by an agricultural producer to a person other than the purchaser
for cleaning or storage, the lien attaches when the grain is physically
delivered or transferred to the purchaser or an agent of the purchaser for
agreed consideration.
(3) Except as provided under ORS 87.146
(1)(c) and 87.762 (4), the class of lien created by subsection (1) of this
section is prior and superior to all other classes of lien or any classes of
security interest in the inventory or proceeds, regardless of whether the
creditors lien or security interest attached to the inventory or proceeds
before or after the agricultural producers lien attached under subsection (2)
of this section. Except as provided in ORS 87.762 (4), all liens of the class
created under subsection (1) of this section, regardless of the date of
attachment or the date of notice of lien, are of equal priority and payable pro
rata in proportion to the size of each lien.
(4) An agricultural producer who claims a
lien under subsection (1) of this section need not file any notice in order to
perfect the lien. The agricultural producer must file a notice of lien as
provided under ORS 87.762 to extend the lien beyond the normal expiration date.
(5) The lien created by subsection (1) of
this section is subject to the provisions of ORS 79.0320 (1).
(6) The lien created by subsection (1) of
this section is discharged with regard to inventory that is sold by the
purchaser or an agent of the purchaser to a third party. Notwithstanding a
discharge with regard to inventory sold to a third party, an agricultural
producer continues to hold a lien on the proceeds from the sale to a third
party and on all remaining inventory of the purchaser.
(7) An agreement by an agricultural
producer purporting to waive the right to file notice under ORS 87.762 of a
lien created by subsection (1) of this section is void as contrary to public
policy. An agricultural producer may waive the right to file notice under ORS
87.762 if the purchaser is an association of which the agricultural producer is
a member. [1981 c.446 §3; 2001 c.301 §18; 2001 c.445 §163]
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. (1) 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. If the agricultural producer extends the lien, the
lien expires no later than 18 months after the date the lien attaches.
(2) At any time prior to expiration of the
initial lien period, an agricultural producer may extend a lien created under
ORS 87.755 by filing a notice of lien with the Secretary of State. The notice
must be supported by affidavit and contain:
(a) A true statement of the demand of the
agricultural producer after deducting all credits and offsets;
(b) The name of the person that purchased
the grain from the producer;
(c) A description of the grain delivered
or transferred by the producer sufficient to identify the basis for the lien;
(d) A statement that the amount claimed is
a true and bona fide existing debt as of the date of filing the notice of lien;
(e) The date payment to the producer was
originally due; and
(f) Such other information as the
Secretary of State may require.
(3) If an agricultural producer files a
notice of lien under this section, the producer shall send notice to all
persons that have filed a financing statement under ORS chapter 79 that
perfects a security interest in all or part of the inventory of the purchaser
or the proceeds from the sale of the inventory. The notice to the secured
parties must provide the same information contained in the notice required by
subsection (2) of this section and be sent by certified mail, return receipt
requested.
(4) The agricultural producer must send
notice to other persons as required by subsection (3) of this section no later
than the 20th day after filing the notice of lien. If the agricultural producer
does not send a person notice within the required time, the lien created under
ORS 87.755 becomes subordinate to that persons perfected security interest in
the inventory or proceeds of the purchaser.
(5) Notwithstanding ORS 174.120, for
purposes of this section and ORS 87.772 and 87.777, if the last day of the
period for performing an act is a Saturday, or a legal holiday as specified in
ORS 187.010 and 187.020, the period runs until the end of the next day that is
not a Saturday or legal holiday. [1981 c.446 §4; 2001 c.301 §19]
87.765 [1973 c.145 §3; repealed by 1975 c.648 §72]
87.767
Form of notice; public record; fee. (1) 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 79. The Secretary of State shall maintain the notices as public
records for a period of time established by the secretary.
(2) The Secretary of State shall establish
fees pursuant to ORS 177.130 for filing notices and requests for copies of
notices. Fees established pursuant to this subsection are nonrefundable. [1981
c.446 §5; 1999 c.464 §4; 2001 c.301 §20]
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. (1) 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.
(2) Regardless of whether the lien created
under ORS 87.755 (1) has been extended by filing and giving notice under ORS
87.762, the lien shall be foreclosed in the manner provided by law for the
foreclosure of liens generally.
(3) In all suits under ORS 87.750 to
87.777, 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 fees. [1981 c.446 §6; 2001 c.301 §21]
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. (1) 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.
(2) Upon receiving the certificate, the
Secretary of State shall enter it in the index maintained by the secretary for
filing financing statements pursuant to ORS chapter 79.
(3) If an agricultural producer that
receives full payment for grain fails to file a certificate described in this
section on or before the 10th day after receiving a request for filing from a
purchaser, the producer is liable to the purchaser of the grain in the sum of
$100 damages and for all actual damages caused by the failure, to be recovered
in an action at law. [1981 c.446 §7; 2001 c.301 §22]
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.
(1) 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.
(2) 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 which have a recorder of conveyances, and in other
counties in the offices of the county clerks of the county or counties in this
state within which the real property subject to the liens is situated.
(3) After October 15, 1983, notices of
federal liens upon personal property, whether tangible or intangible, for
obligations payable to the
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 or acknowledgment is
necessary. [1967 c.445 §3; 1981 c.852 §3]
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. (1) 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:
(a) 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 79.0519 as if the notice or refiled
notice were a financing statement within the meaning of ORS chapter 79; or
(b) Any other officer described in ORS
87.806, the officer shall indorse thereon the identification of the officer and
the date and time of receipt and forthwith file it alphabetically or enter it
in an alphabetical index showing the name and address of the person named in
the notice or refiled notice, the date and time of receipt, the title and
address of the official or entity certifying the lien and the total amount
appearing on the notice of lien or refiled notice of lien.
(2) If a certificate of release,
nonattachment, discharge or subordination of any lien is presented to the
Secretary of State for filing, the secretary shall:
(a) Cause a certificate of release to be
marked, held and indexed as if the certificate were a termination statement
within the meaning of ORS 79.0512;
(b) Cause a certificate of discharge or
subordination to be held, marked and indexed as if the certificate were a
release of collateral within the meaning of ORS 79.0512; and
(c) Cause a certificate of nonattachment
to be marked, held and indexed as if the certificate were an amendment of a
financing statement within the meaning of ORS 79.0512.
(3) If any refiled notice of federal lien
or notice of revocation referred to in subsection (1) of this section or any of
the certificates specified in subsection (2) of this section is presented for
filing with any other filing officer specified in ORS 87.806, the officer shall
permanently attach the refiled notice, certificate or notice to the original
notice of lien and shall enter the refiled notice, certificate or notice with
the date of filing in any alphabetical lien index on the line where the
original notice of lien is entered.
(4) Upon request of any person, the filing
officer shall issue the certificate of the filing officer showing whether there
is on file in the officers office, on the date and hour stated therein, any
notice of lien or certificate or notice affecting any lien naming a particular
person, and if a notice or certificate is on file, giving the date and hour of
its filing. All financing statements and statements of assignment, if any,
filed pursuant to ORS chapter 79 for a particular debtor whose name is
identical to the particular person named in the lien shall be shown on this
certificate. The uniform fee for such a certificate for a particular person
shall be prescribed by the Secretary of State by rule. If the request for the
certificate is in writing and not in the standard form prescribed by the
Secretary of State, an additional fee shall be prescribed. Upon request the
filing officer shall furnish a copy of any notice of federal lien or notice or
certificate affecting a federal lien for a fee as prescribed by the Secretary
of State by rule under ORS 79.0525.
(5) Notice of a federal lien or a refiling
of a notice of federal lien is effective for a period of 10 years from the date
of assessment. A notice or refiling of a notice of a federal lien shall state:
(a) The date the tax was assessed; and
(b) That the effective period of the lien
is as provided by federal law. [1967 c.445 §4; 1971 c.621 §18; 1975 c.607 §20;
1979 c.833 §21; 1981 c.835 §11a; 1981 c.852 §4; 1983 c.220 §2; 1985 c.442 §1;
1985 c.469 §8; 1989 c.111 §10; 1993 c.135 §1; 2001 c.445 §164]
87.820 [Repealed by 1967 c.445 §1]
87.821
Filing and indexing fee; rules.
(1) 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.
(2) 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 manner approved by the filing officer. [1967
c.445 §5; 1971 c.621 §19; 1975 c.607 §21; 1979 c.294 §1; 1979 c.833 §22; 1981
c.835 §12; 1981 c.852 §5; 1989 c.111 §11; 1999 c.464 §5]
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. [1967 c.445 §6; 1981 c.852 §6]
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. [1967 c.445 §7;
1981 c.852 §7]
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. (1) Every employer who is required to pay
contributions, by agreement or otherwise, into a fund of any employee benefit
plan in order that the employers 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 the operation of the employers business to the extent of the moneys
plus any penalties due to be paid by or on the employees behalf in order to
qualify the employee for participation therein, and for any moneys expended or
obligations incurred for medical, hospital or other expenses to which the
employee would have been entitled had such required contributions been paid.
(2) The lien described in this section
shall have priority over all other liens and encumbrances which may attach
after such lien is filed pursuant to ORS 87.860 (1) and also shall have
priority over all other liens and encumbrances which may have attached previous
to that time, but which were not filed or recorded so as to create constructive
notice thereof prior to that time, and of which the lien claimant has no
notice. However, the lien described in this section shall not have priority
over liens for labor performed or wages. [1963 c.604 §§1, 5; 1981 c.852 §8;
1985 c.774 §1]
87.860
Filing of claim of lien. (1)
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 claimants 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, containing a statement of the
demand, the name of the employer and the name of the person employing the
claimant, if known, with a statement of the pertinent terms and conditions of
the employee benefit plan and the time when such contributions are due and were
to have been paid, and shall deliver in person or mail by registered mail or by
certified mail with return receipt to the employer a copy thereof within such
time.
(2) The recording officer shall, upon
presentation of the notice described in subsection (1) of this section, file it
and index it in a book to be kept for that purpose called Index of Employe
Benefit Plan Liens. [1963 c.604 §§2, 3; 1985 c.774 §2; 1991 c.249 §8]
87.865
Foreclosure; joinder or consolidation; costs; limitation. (1) 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.
(2) 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 as part of
the costs the moneys paid for filing and recording the claim, and a reasonable
attorney fee at trial and on appeal, for each person claiming a lien.
(3) Every lien described in ORS 87.855
shall cease to exist unless a complaint to foreclose it is filed and a summons
issued within six months from the date of filing of the claim of lien. [1963
c.604 §§4, 6; 1981 c.897 §27]
MOLDERS LIEN
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. [2001 c.863 §2]
87.872
Lien for mold created or work performed with mold. (1) 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 the customer for any manufacturing, assembly or
fabrication work, including the value of materials. The molder may retain
possession of the mold until the amount is paid.
(2) The molder shall serve notice of the
lien to the customer by registered mail with return receipt requested to the
last known address of the customer or by personal service. The notice of the lien
shall:
(a) State that a lien is claimed for the
amount described in subsection (1) of this section for manufacturing, assembly
or fabrication work performed for the customer; and
(b) Demand payment of the amount within 60
days after service.
(3) If the molder is not paid the amount
due within 60 days after receipt of the notice of lien by the customer and the
molder complies with ORS 87.876, the molder may sell the mold at a public sale.
[2001 c.863 §3]
87.876
(a) The molders intention to sell the
mold 30 days after the customer receives the notice;
(b) A description of the mold to be sold;
(c) The time and place of the sale; and
(d) An itemized statement for the amount
due.
(2) If the notice is returned to sender as
undeliverable, the molder shall publish the notice in a newspaper of general
circulation in the area of the last known place of business of the customer.
(3) If the mold is sold for a sum greater
than the amount of the lien, the excess shall be paid to any prior recorded
lienholder and any remainder to the customer, if the customers address is
known to the molder at the time of the sale, or to the General Fund, if the
customers address is unknown.
(4) The molder may not sell the mold if it
would be in violation of any right of the customer under federal law. [2001
c.863 §4]
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. [Amended
by 1975 c.648 §52; 1981 c.898 §47]
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 any person of the information
contained therein. [1983 c.763 §62]
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. 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
79.0501 that perfects a security interest in the inventory, proceeds or
accounts receivable of the lien debtor or purchaser. The list must include:
(1) The name and address of the secured
party for each statement or notice;
(2) The filing number and date of filing
for the financing statement in the index maintained by the Secretary of State;
and
(3) Other information that the Secretary
of State considers necessary or proper. [2001 c.301 §3; 2007 c.71 §22]
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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