Chapter 87 — Chapter 87

ORS 87.246 Recording; fees. (1) Except for a notice of a claim for a lien created by ORS 87.226, the recording officer of a county shall record the notices filed under ORS 87.242 in a book kept for that purpose and called “index of liens upon chattels.”

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ORS 87.250 [Repealed by 1975 c.648 §72]

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ORS 87.252 Notice to owner and holders of security interests; effect of failure to comply. (1) When a lien claimant files a notice of claim of lien as required by ORS 87.242, the lien claimant shall send forthwith a copy of the notice to the owner of the chattel to be charged with the lien by registered or certified mail sent to the owner at the owner’s last-known address

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ORS 87.255 [Repealed by 1975 c.648 §72]

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ORS 87.256 Limitation on extent of liens. Persons claiming liens created by ORS 87.216 to 87.232 are only entitled to liens for labor, services or materials performed or furnished during the six months immediately preceding the filing of the notice of claim under ORS 87.242. [1975 c.648 §24]

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ORS 87.260 [Repealed by 1975 c.648 §72]

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ORS 87.262 Foreclosure. Except as provided in ORS 87.322, a lien created by ORS 87.216 to 87.232 may be foreclosed by a suit in the circuit court under ORS chapter 88 and other laws regulating the proceedings for the foreclosure of liens generally or may be foreclosed as provided in ORS 87.272 to 87.306. If the lien has attached to proceeds under ORS 87.236, the lien must be foreclosed by suit. [1975 c.648 §25]

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ORS 87.265 [Repealed by 1975 c.648 §72]

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ORS 87.266 Duration of liens. (1) Except as provided in subsection (2) of this section, if either a suit to foreclose or a proceeding under ORS 87.272 to 87.306 to foreclose a lien created by ORS 87.216 to 87.232 is not commenced in an appropriate court within six months after the notice of claim of lien is filed under ORS 87.242, or if extended payment is provided and the terms thereof are stated in the notice of claim of lien, then within six months after the expiration of the extended payment, the lien shall cease to exist. A lien shall not be continued in force for a longer time than two years from the time the claim for lien is filed under ORS 87.242 by an agreement to extend payment

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ORS 87.270 [Repealed by 1975 c.648 §72]

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ORS 87.272 Petition for foreclosure without suit. A person claiming a lien created by ORS 87.216 to 87.232 may obtain an order for the foreclosure of the lien by advertisement and sale by filing with the clerk of the court of the county in which the chattel is then located and from which that order is sought a sworn petition requesting an order for foreclosure of the lien by advertisement and sale and showing, to the best knowledge, information and belief of the lien claimant

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ORS 87.275 [Repealed by 1975 c.648 §72]

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ORS 87.276 Evidence admissible; issuance of show cause order. (1) The court shall consider the petition filed under ORS 87.272 and may consider other evidence, including, but not limited to, an affidavit, deposition, exhibit or oral testimony

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ORS 87.280 [Repealed by 1975 c.648 §72]

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ORS 87.282 Waiver of right to hearing before filing of petition. The court shall order that the lien claimant’s lien be foreclosed by advertisement and sale if the court finds

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ORS 87.285 [Repealed by 1975 c.648 §72]

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ORS 87.286 [Repealed by 1975 c.648 §72]

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ORS 87.288 Show cause order; contents; service. (1) The court shall issue an order directed to the lien debtor and each person having possession or control of the chattel subject to the lien requiring the debtor and each other person to appear for hearing at a time and place fixed by the court to show cause why an order for the foreclosure of the lien claimant’s lien by advertisement and sale should not issue

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ORS 87.290 [Repealed by 1969 c.330 §9]

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ORS 87.292 [1969 c.330 §1; 1973 c.472 §1; repealed by 1975 c.648 §72]

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ORS 87.294 [1969 c.330 §2; 1973 c.472 §2; 1973 c.647 §11; repealed by 1975 c.648 §72]

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ORS 87.295 [Amended by 1969 c.330 §3; 1973 c.472 §3; repealed by 1975 c.648 §72]

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ORS 87.296 Waiver of right to hearing after issuance of show cause order. If, after service of the order issued under ORS 87.288 (1), the lien debtor by a writing executed by or on behalf of the lien debtor after service of the order expressly declares that the lien debtor is aware that the lien debtor has the right to be heard, that the lien debtor does not want to be heard, that the lien debtor expressly waives the right to be heard, that the lien debtor understands that upon the signing by the lien debtor of the writing the court will order the foreclosure of the lien 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]

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ORS 87.300 [Amended by 1969 c.330 §4; 1973 c.472 §4; repealed by 1975 c.648 §72]

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ORS 87.302 Authority of court on sustaining validity of lien claim. If the court on hearing on a show cause order issued under ORS 87.288 (1), finds that there is probable cause for sustaining the validity of the underlying claim of lien, the court may order foreclosure of the lien by advertisement and sale. [1975 c.648 §32]

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ORS 87.305 [Repealed by 1975 c.648 §72]

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ORS 87.306 Foreclosure by sale without suit; notice of sale to secured parties; public notice of sale by sheriff. (1) A lien claimant desiring to foreclose the lien by advertisement and sale shall deliver to the sheriff of the county in which the chattel is then located a certified copy of a 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

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ORS 87.310 [Amended by 1969 c.330 §5; repealed by 1975 c.648 §72]

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ORS 87.312 Effect of notice of foreclosure sale to secured parties; failure to give notice. (1) A person who claims a lien or has a security interest in a chattel to be sold at a foreclosure sale and who is notified under ORS 87.306 (2) may discharge the foreclosing lien 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

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ORS 87.315 [Amended by 1969 c.330 §6; repealed by 1975 c.648 §72]

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ORS 87.316 Disposition of proceeds of foreclosure sale. (1) The proceeds of a sale to foreclose a lien created by ORS 87.216 to 87.232 shall first be applied to the payment of the expenses incurred by the sheriff in obtaining possession of the chattel and advertising and conducting the foreclosure sale, and secondly to the discharge of the lien

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ORS 87.320 [Amended by 1969 c.330 §7; repealed by 1975 c.648 §72]

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ORS 87.322 Effect of prior security interest on foreclosure of nonpossessory lien for labor or material expended on chattel. ORS 87.272 to 87.316 do not apply to a lien on a chattel created by ORS 87.216 when that chattel is subject to a prior duly perfected security interest as provided in ORS 87.146 (1)(d). When a lien created by ORS 87.216 is junior and subordinate to a prior duly perfected security interest, that lien shall be foreclosed by suit under ORS chapter 88. In such a suit to foreclose, the holder of the prior security interest shall be made a party defendant to the foreclosure proceeding. The person holding the prior security interest may extinguish the lien created by ORS 87.216 by either a foreclosure proceeding under ORS chapter 88 or a nonjudicial foreclosure proceeding under ORS 79A.6010 to 79A.6280. [1975 c.648 §35a; 2001 c.445 §162]

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ORS 87.325 [Amended by 1973 c.472 §5; repealed by 1975 c.648 §72]

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ORS 87.326 Protection from theft and damage of chattel subject to lien. If the property covered by any lien created by ORS 87.216 to 87.232 is in danger of being stolen, damaged or removed from this state, the circuit court for the county in which the lien is filed upon application of the lien claimant, shall appoint the sheriff of such county receiver of the property covered by the lien, and the sheriff shall immediately take all such property into the custody of the sheriff and protect, care for and account for it and dispose of it according to the further order of the court. The sheriff shall be paid actual expenses of receivership from the proceeds of the sale of the property but shall be allowed no remuneration for services. [1975 c.648 §36]

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ORS 87.330 [Repealed by 1975 c.648 §72]

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ORS 87.332 Injury or removal of chattel subject to lien. Except for a person holding a prior duly perfected security interest in a chattel subject to a lien created by ORS 87.216, any person to whom a notice of claim of lien has been given as provided in ORS 87.242, 87.252 and 87.306 who dismantles, removes from this state, misdelivers or conceals a chattel or the proceeds of the sale of a chattel upon which there is a valid lien without the written consent of the lien claimant, shall be liable to the lien claimant for damages proximately resulting therefrom, which sum may be recovered in an action at law without instituting foreclosure proceedings. The court shall allow reasonable attorney fees at trial and on appeal to the prevailing party. [1975 c.648 §37; 1981 c.897 §21]

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ORS 87.335 [Repealed by 1975 c.648 §72]

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ORS 87.336 Costs and attorney fees in foreclosure by suit. In suits to foreclose the liens created by ORS 87.216 to 87.232, the court shall, upon entering judgment for the lien claimant, allow as part of the lien the moneys paid for the filing or recording of the lien as provided in ORS 87.910. The court shall also allow reasonable attorney fees at trial and on appeal to the prevailing party. [1975 c.648 §38; 1981 c.897 §22; 1981 c.898 §45]

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ORS 87.340 [Repealed by 1975 c.648 §72]

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ORS 87.342 Bond, letter of credit or deposit of money to discharge lien on chattel; amount; recording; notice to lien claimant. (1) The owner of a chattel subject to a lien created by ORS 87.216 to 87.232, or any other interested person, may file with the recording officer of the county in whose office the claim of lien is filed a bond executed by a corporation authorized to issue surety bonds in the State of Oregon to the effect that the owner of the chattel against which the lien is claimed shall pay the amount of the claim and all costs and attorney fees which are awarded against the chattel on account of the lien. The bond shall be in an amount not less than 150 percent of the amount claimed under the lien, and must be filed prior to the commencement of a foreclosure proceeding by the lien claimant

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ORS 87.345 [Repealed by 1975 c.648 §72]

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ORS 87.346 Filing certificate of lien satisfaction upon payment of claim; liability for failure to discharge lien; notice of discharge. (1) When a person claiming a lien under ORS 87.216 to 87.232 receives full payment of the claim including costs of making, filing and recording the lien and expenses incurred in commencing to foreclose it, the person shall file with the Secretary of State or the recording officer of the county in which the claim of lien is recorded a certificate declaring that full payment has been received from the lien debtor and that the claim of lien is discharged

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ORS 87.350 [Repealed by 1975 c.648 §72]

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ORS 87.352 Mining labor and material lien. (1) A person has a lien upon a mine or an improvement to secure payment for labor performed or materials furnished if that person

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ORS 87.355 [Repealed by 1975 c.648 §72]

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ORS 87.356 Lien for preparing land for irrigation or cultivation. A person who is employed to or contracts to survey, clear, ditch, dike, tile, level, check, border, excavate, grade, pave or otherwise prepare land for irrigation or cultivation, or who furnishes materials or equipment for use in connection with such work on that land, at the request of the owner of the land, has a lien on the land prepared for the reasonable or agreed charges for labor, and the materials or equipment furnished. If the owner has less than a fee simple estate in the land, then only the interest of the owner therein is subject to the lien created by this section. [1975 c.648 §42; 1977 c.596 §3]

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ORS 87.358 Nurseryman’s lien. A person who furnishes nursery stock of the value or agreed price of $25 or more, for planting on land, at the request of the 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]

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ORS 87.360 [Repealed by 1975 c.648 §72]

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ORS 87.362 Irrigation power lien. An electric cooperative or electric utility that supplies electricity to the owner of land for the purpose of providing power for the irrigation of the land has a lien upon that land, any part of which is irrigated using such electricity, for the cost of the electricity so supplied. If the owner has less than a fee simple estate in such land, then only the interest of the owner therein is subject to the lien created by this section. [1975 c.648 §44]

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