Oregon Statutes - Chapter 87 - Statutory Liens - Section 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]

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Last modified: August 7, 2008