Usa Oregon

USA Statutes : oregon
Title : TITLE 09 MORTGAGES AND LIENS
Chapter : Chapter 87 Statutory Liens
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]
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](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] (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] (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]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 except for the
“Information Notice to Owner” described in ORS 87.093 which may also be
proved by a United States Postal Service certificate of mailing. [1975
c.466 §5; 1981 c.757 §2](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] 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

___________

Owner’s 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 Oregon.

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 Oregon’s laws, those who work on your property or provide
labor, equipment, services or materials and are not paid have a right to
enforce their claim for payment against your property. This claim is
known as a construction lien.

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](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]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 supplier’s 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 owner’s
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]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. [Amended by 1975 c.466 §9; 1987 c.662 §5]
(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](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](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] 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] 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](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 owner’s 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](1) As used in this section:

(a) “Contractor” has the meaning given that term in ORS 701.005.

(b) “Board” means the Construction Contractors Board established in
ORS 701.205.

(2) When a suit to enforce a lien perfected under ORS 87.035 is
filed and the owner of the structure subject to that lien files a claim
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 contractor’s
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 person’s 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 claim 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 claim becomes final and the board
issues any required notice for payment against the contractor’s 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](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]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]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](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](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] (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](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] 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] 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 court’s 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]
(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 Oregon law, those who work on your property or provide
materials, equipment, labor or services and are not paid have a right to
enforce their claim for payment against the property. This claim is known
as a construction lien.

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.OREGON LAW PROVIDES

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 RIGHTSUnder Oregon law, you may waive the requirements that apply to the
seller of the residential real property. By signing this document, you
agree to waive these protections and accept the risk that the property
you are purchasing may be subject to a lien that is recorded after the
date of sale. By waiving your rights, you may become liable for payment
of the lien even if the contractor has been paid in full. Before signing
this waiver, you may wish to consult an attorney.

___________________________________________________________________________
___

     

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](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 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 claim against a licensed contractor with
the Construction Contractors Board and, when appropriate, to be
reimbursed from the contractor’s 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 provide a copy of the
“Information Notice to Owner” adopted by the Construction Contractors
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) When 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) 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 home 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.

(4) An “Information Notice to Owner” need not be sent when the
owner is a contractor licensed with the Construction Contractors Board
under ORS chapter 701.

(5) Notwithstanding ORS 87.010, if an original contractor does not
provide an owner or agent with an “Information Notice to Owner” as
required under subsections (2) and (3) 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 “Information Notice to Owner” was not provided.

(6) If an original contractor does not provide an owner or agent
with an “Information Notice to Owner” as required under subsection (2) of
this section, the Construction Contractors 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.

(7) 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]LIENS GENERALLY 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] (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]POSSESSORY CHATTEL LIENS 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] (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
children’s 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] 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]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] (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] (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 819.230 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](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 claimant’s 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](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.(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. (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. 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 court’s 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.
(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] 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]
(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
debtor’s 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 819.230, 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 819.230, 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 819.230, 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](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 819.230; 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 819.230.

(2) A person notified under subsection (1) of this section may
discharge the lien and preserve the person’s 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 person’s 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] (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] (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] 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]
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.NONPOSSESSORY CHATTEL LIENSA 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] (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] (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 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]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. (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] (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](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 claimant’s 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] (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](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 owner’s
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 claimant’s 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] 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]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] (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] 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 claimant’s 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] (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] 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 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
debtor’s 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] (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 claimant’s 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 claimant’s lien by
advertisement and sale. [1975 c.648 §30]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 claimant’s 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] 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](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 court’s 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 court’s
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 court’s 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](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
claimant’s 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] (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 sheriff’s 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]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]
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] 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] 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](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](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]LIENS ON REAL PROPERTY (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 mine’s 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] 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] 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] 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](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](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 claimant’s 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] 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] 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]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] (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] (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]ATTORNEY’S 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)](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] 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] 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 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]
(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 separate 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](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 attorney’s 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](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]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)] 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 attorney’s 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](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]
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] 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] (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 client’s lien, the attorney’s lien
has the same priority as the client’s lien with regard to personal or
real property subject to the client’s lien. [1975 c.648 §68 (enacted in
lieu of 87.495); 2003 c.576 §343; 2005 c.383 §12]LIEN FOR LONG TERM CARE

(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) “Decedent’s 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.(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 decedent’s 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.(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. 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 disabled persons 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]Note: See note under 87.501. 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. 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. 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 minor or disabled child of the individual.

(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 minor or disabled child of the individual.

(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 surviving
spouse or minor or disabled children of the individual. [1995 c.749 §7;
1997 c.744 §8]Note: See note under 87.501. 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. (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.(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 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.(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.MEDICAL SERVICES 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](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] (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] 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 said injuries and any other person
liable for the injury or obligated to compensate the injured person on
account of said 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 claimant’s demand for
said 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 Oregon,  )

                             )     ss.

County of___       )

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] 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](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)]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]AMBULANCE SERVICES LIEN

(1) “Ambulance” has the meaning given that term in ORS 682.025.

(2) “Ambulance services” includes the transportation of an ill,
injured or disabled individual 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] 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] 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] 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] 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](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]The lien described in ORS 87.607 may be
foreclosed by a suit in the circuit court. [1983 c.821 §8]SELF-SERVICE STORAGE FACILITY LIEN

(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. (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.(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. (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 owner’s 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 occupant’s 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 owner’s 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.(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 ORS 87.687 has a
fair market value of $100 or less, the owner may dispose of the property
in the sole discretion of the owner.

(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.
(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.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 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] (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 79.3070 (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]Note: 79.3070 was repealed by section 187, chapter 445, Oregon Laws
2001. The text of 87.705 was not amended by enactment of the Legislative
Assembly to reflect the repeal. Editorial adjustment of 87.705 for the
repeal of 79.3070 has not been made.(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 producer’s 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 person’s 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
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
(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]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](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] 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]GRAIN PRODUCER’S LIEN(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 person’s 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] (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](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](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]UNIFORM FEDERAL TAX LIEN REGISTRATION ACT (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
United States and certificates and notices affecting the liens shall be
filed in the office of the Secretary of State. [1967 c.445 §2; 1981 c.852
§2; 1983 c.220 §1] 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](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
officer’s 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] (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]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]ORS 87.806 to 87.831 may be cited as the
Uniform Federal Lien Registration Act. [1967 c.445 §7; 1981 c.852 §7]LIEN FOR CONTRIBUTIONS TO EMPLOYEE BENEFIT PLAN
(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
employer’s 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 employer’s business to the extent of the
moneys plus any penalties due to be paid by or on the employee’s 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] (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 claimant’s 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]
(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]MOLDER’S LIEN 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] (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] (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 return receipt requested. The notice shall include:

(a) The molder’s 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 customer’s address is known to the
molder at the time of the sale, or to the General Fund, if the customer’s
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]MISCELLANEOUS PROVISIONS 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]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.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 79.4010 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]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.Note: 79.4010 was repealed by section 187, chapter 445, Oregon Laws
2001. The text of 87.930 was not amended by enactment of the Legislative
Assembly to reflect the repeal. Editorial adjustment of 87.930 for the
repeal of 79.4010 has not been made.

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USA Statutes : oregon