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2017 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 087 - Statutory Liens
Section 87.322 - Effect of prior security interest on foreclosure of nonpossessory lien for labor or material expended on chattel.
Universal Citation: OR Rev Stat § 87.322 (2017)
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]
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