Oregon Statutes - Chapter 87 - Statutory 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...
• 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...
• 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...
• 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...
• 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...
• 87.020   [Amended by 1965 c.446 §1; 1967 c.600 §1; 1967 c.602 §1; repealed by 1975 c.466 §6 (87.021 enacted in lieu of 87.020)]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...
• 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...
• 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...
• 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...
• 87.030   Effect of owner’s 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 87.055   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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 87.095   [Repealed by 1975 c.648 §72]
• 87.100   [Amended by 1973 c.54 §1; repealed by 1975 c.648 §72]
• 87.105   [Repealed by 1975 c.648 §72]
• 87.110   [Repealed by 1975 c.648 §72]
• 87.115   [Repealed by 1975 c.648 §72]
• 87.120   [Repealed by 1975 c.648 §72]
• 87.122   [1955 c.438 §§1,2; repealed by 1975 c.648 §72]
• 87.125   [Amended by 1967 c.327 §1; 1973 c.307 §1; repealed by 1975 c.648 §72]
• 87.130   [Amended by 1961 c.519 §1; repealed by 1975 c.648 §72]
• 87.135   [Repealed by 1975 c.648 §72]
• 87.140   [Repealed by 1975 c.648 §72]
• 87.142   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....
• 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...
• 87.150   [Repealed by 1975 c.648 §72]
• 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...
• 87.155   [Repealed by 1975 c.648 §72]
• 87.156   Innkeeper’s 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...
• 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...
• 87.160   [Repealed by 1975 c.648 §72]
• 87.162   Landlord’s 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),...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 87.215   [Repealed by 1975 c.648 §72]
• 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...
• 87.220   [Repealed by 1975 c.648 §72]
• 87.222   Logger’s, woodworker’s and timberland owner’s 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...
• 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 person’s place of business to aid...
• 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...
• 87.230   [Repealed by 1975 c.648 §72]
• 87.232   Fishing lien and fish worker’s 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...
• 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...
• 87.240   [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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 claimant’s lien be foreclosed by advertisement and sale if the court finds: (1) That the lien debtor, by...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 87.350   [Repealed by 1975 c.648 §72]
• 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)...
• 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...
• 87.358   Nurseryman’s 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 87.395   [Repealed by 1975 c.648 §72]
• 87.400   [Amended by 1959 c.340 §1; repealed by 1969 c.330 §9]
• 87.405   [Repealed by 1969 c.330 §9]
• 87.410   [Amended by 1959 c.340 §2; repealed by 1969 c.330 §9]
• 87.415   [Repealed by 1969 c.330 §9]
• 87.420   [Repealed by 1969 c.330 §9]
• 87.425   [Repealed by 1969 c.330 §9]
• 87.430   Attorney’s 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...
• 87.435   Bond, letter of credit or deposit of money to discharge attorney’s 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...
• 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...
• 87.445   Attorney’s 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 client’s favor...
• 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...
• 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...
• 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...
• 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...
• 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...
• 87.475   Effect of settlement on attorney’s 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...
• 87.480   Attorney’s 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...
• 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...
• 87.490   Priority of attorney’s 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...
• 87.495   [Repealed by 1975 c.648 §55 (87.430 to 87.490 enacted in lieu of 87.495)]
• 87.500   [Repealed by 1975 c.648 §72]
• 87.501   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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 individual’s estate, the State of Oregon or any other source for the...
• 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...
• 87.545   [Repealed by 1975 c.648 §72]
• 87.550   [Repealed by 1957 c.684 §3 (87.551 enacted in lieu of 87.550)]
• 87.551   [1957 c.684 §4 (enacted in lieu of 87.550); repealed by 1975 c.648 §72]
• 87.555   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...
• 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...
• 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)...
• 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...
• 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...
• 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...
• 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...
• 87.590   [Repealed by 1975 c.648 §72]
• 87.595   [Repealed by 1975 c.648 §72]
• 87.600   [Repealed by 1975 c.648 §72]
• 87.603   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...
• 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...
• 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:...
• 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...
• 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
• 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...
• 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]
• 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...
• 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...
• 87.687   Self-service storage facility owner’s 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...
• 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...
• 87.691   Sale of property subject to lien; advertisement of sale; satisfaction of lien before sale; use of sale proceeds.
  (1) 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...
• 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...
• 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....
• 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,...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 87.740   [1973 c.647 §10; 1983 c.740 §7; 1999 c.612 §5; 2001 c.301 §16; renumbered 87.228 in 2001]
• 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...
• 87.755   Grain producer’s 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...
• 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...
• 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...
• 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...
• 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...
• 87.780   [1973 c.145 §6; repealed by 1975 c.648 §72]
• 87.785   [1973 c.145 §7; repealed by 1975 c.648 §72]
• 87.790   [1973 c.145 §8; repealed by 1975 c.648 §72]
• 87.805   [Repealed by 1967 c.445 §1]
• 87.806   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...
• 87.810   [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...
• 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...
• 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...
• 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...
• 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]
• 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...
• 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...
• 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...
• 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...
• 87.876   Sale of mold.
  (1) Before a molder may sell a mold pursuant to ORS 87.872, the molder shall notify the customer of the sale by registered mail with...
• 87.905   [Repealed by 1961 c.726 §427]
• 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...
• 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...
• 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...

Last modified: August 7, 2008