Title 9, Mortgages and Liens

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 attor…

As used in ORS 87.501 to 87.542, unless the context requires otherwise: (1) “Authorized representative” means a person appointed under ORS chapter 125 as a guardian or conservator of an individual and any other person holding funds or receiving benefits or income on behalf of an …

(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 …

(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 certi…

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 an…

The recording officer of the county shall record the notices filed under ORS 87.507 in the statutory lien record. [1995 c.749 §5; 1997 c.744 §7; 2009 c.628 §4] 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 th…

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. …

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 or the Oregon Health Authority. (2) The prior…

(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…

(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…

(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 li…

(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…

(1) No lien under ORS 87.555 (1) shall be allowed: (a) For hospitalization and treatment from a physician, physician associate or nurse practitioner rendered after a settlement has been effected by or on behalf of the party causing the injury; (b) Against any sum for necessary at…

(1) In order to perfect a lien under ORS 87.555 (1), a hospital, an owner or operator of a hospital, a physician, a physician associate or a nurse practitioner shall: (a) Not later than 30 days after the discharge of the patient from the hospital, file a notice of lien substantia…

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 w…

Each recording officer shall maintain a 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 fil…

(1) A person or insurer shall be liable to a hospital and physician, physician associate or nurse practitioner for the reasonable value of hospitalization services and medical treatment rendered out of the moneys due under any payment, award, judgment, settlement or compromise, a…

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 pa…

As used in ORS 87.603 to 87.633, unless the context requires otherwise: (1) “Ambulance” has the meaning given that term in ORS 682.025. (2) “Ambulance services” includes the transportation of an individual who is ill or injured or who has a disability in an ambulance and the admi…

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 lie…

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…

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 …

The recording officer of the county shall record the notices filed under ORS 87.613 in the lien docket maintained under ORS 87.575. [1983 c.821 §6; 2014 c.45 §10]

(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…

The lien described in ORS 87.607 may be foreclosed by a suit in the circuit court. [1983 c.821 §8]

As used in ORS 87.685 to 87.695: (1) “Default” means a failure to perform in a timely manner any obligation or duty set forth in a rental agreement. (2) “Last known address” means a physical or electronic mail address that an occupant provided in the latest rental agreement or th…

(1) A rental agreement must state whether the owner holds an insurance policy that protects personal property that is stored at the self-service storage facility identified in the rental agreement. (2) If the owner holds an insurance policy that protects personal property stored …

(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, mat…

(1) An owner may foreclose a lien created by ORS 87.687 upon the occupant’s default. (2) Before an owner may foreclose by sale a lien created by ORS 87.687, the owner shall notify the occupant of the foreclosure and sale by sending registered or certified mail or other verified m…

(1) After the time specified in the notice given under ORS 87.689 expires, if the owner determines, based on the owner’s previous experience, that the personal property subject to the lien created by ORS 87.687 has a value of $1,000 or less, the owner may dispose of the property …

(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, …

An owner may charge and collect a reasonable fee for an occupant’s late payment of rent due for use of an individual storage space in a self-service storage facility. The rental agreement must specify the amount of the fee and the date on which the owner may charge the fee. The o…

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] 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 produ…

(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 …

(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 or ORS 87.242. If the agricul…

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, witho…

(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 …

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 unde…

(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 ful…

(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 …

As used in ORS 87.750 to 87.777, unless the context otherwise requires: (1) “Agricultural producer” means a person that engages in or has engaged in the business of growing or producing grain for market or for delivery or transfer to others owning or holding title to the grain. “…

(1) An agricultural producer that delivers or transfers grain for consideration has a lien on the inventory of the purchaser and proceeds received by the purchaser from the selling of the inventory. (2) The lien created by subsection (1) of this section attaches to the inventory …

(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 or by filing a notice of claim of lien under ORS 87.242. I…

(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 financin…

(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…

(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) Upo…

(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 affecti…