Chapter 87 — Chapter 87

ORS 87.715 Priority. Except for tax liens, and except as provided in ORS 87.146 (1)(c) and 87.710 (4), the class of lien created by ORS 87.705 is prior 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 created under ORS 87.705. [1973 c.647 §5; 2001 c.301 §13]

0.0K chars

ORS 87.720 [1973 c.647 §6; 1991 c.230 §22; repealed by 2001 c.301 §25]

0.0K chars

ORS 87.725 Foreclosure; costs allowable to prevailing plaintiff. (1) The lien created by ORS 87.705 shall be foreclosed in the manner provided by law for the foreclosure of liens generally

0.3K chars

ORS 87.730 Expiration of lien for failure to bring timely foreclosure suit. A lien created under ORS 87.705 expires unless suit to foreclose the lien is brought in an appropriate court no later than the 45th day 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]

0.0K chars

ORS 87.735 Filing certificate of lien satisfaction upon payment for produce; liability of producer for failure to discharge lien. (1) When an agricultural producer receives full payment for agricultural produce, if the producer has filed a notice under ORS 87.710 (2) to extend a 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

0.6K chars

ORS 87.736 Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735; fees for filing and for furnishing copies. (1) Notices filed with the Secretary of State under ORS 87.710 and certificates filed with the Secretary of State under ORS 87.735 must be in 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 79A. The secretary shall maintain the notices and certificates as public records for a period of time established by the secretary

0.2K chars

ORS 87.740 [1973 c.647 §10; 1983 c.740 §7; 1999 c.612 §5; 2001 c.301 §16; renumbered 87.228 in 2001]

0.0K chars

ORS 87.750 Definitions for ORS 87.750 to 87.777. As used in ORS 87.750 to 87.777, unless the context otherwise requires

1.3K chars

ORS 87.755 Grain producer’s lien; date lien attaches; priority. (1) An agricultural producer that delivers or transfers grain for consideration has a lien on the inventory of the purchaser and proceeds received by the purchaser from the selling of the inventory

2.5K chars

ORS 87.760 [1973 c.145 §2; repealed by 1975 c.648 §72]

0.0K chars

ORS 87.762 Filing notice of lien; duration of lien; contents of notice; notice to secured parties; effect of failure to give notice to secured parties. (1) A lien created under ORS 87.755 expires no later than the end of the 180th day after the date the lien attaches, unless the 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. If the agricultural producer extends the lien, the lien expires no later than 18 months after the date the lien attaches

2.2K chars

ORS 87.765 [1973 c.145 §3; repealed by 1975 c.648 §72]

0.0K chars

ORS 87.767 Form of notice; public record; fee. (1) Notices filed with the Secretary of State under ORS 87.750 to 87.777 must be in a form prescribed by the Secretary of State. The 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 79A. The Secretary of State shall maintain the notices as public records for a period of time established by the secretary

0.2K chars

ORS 87.770 [1973 c.145 §4; repealed by 1975 c.648 §72]

0.0K chars

ORS 87.772 Expiration of lien for failure to bring timely foreclosure action; manner of foreclosure. (1) A lien created under ORS 87.755 (1) expires unless suit to foreclose the lien is brought in an appropriate court no later than the 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

0.5K chars

ORS 87.775 [1973 c.145 §5; repealed by 1975 c.648 §72]

0.0K chars

ORS 87.777 Filing certificate of lien satisfaction upon payment for grain; liability of producer for failure to discharge lien. (1) If an agricultural producer files a notice of lien under ORS 87.762, when the producer receives full payment for the grain, the producer shall file with the Secretary of State a certificate declaring that full payment has been received and that the lien is discharged

0.6K chars

ORS 87.780 [1973 c.145 §6; repealed by 1975 c.648 §72]

0.0K chars

ORS 87.785 [1973 c.145 §7; repealed by 1975 c.648 §72]

0.0K chars

ORS 87.790 [1973 c.145 §8; repealed by 1975 c.648 §72]

0.0K chars

ORS 87.805 [Repealed by 1967 c.445 §1]

0.0K chars

ORS 87.806 Filing of federal tax liens. (1) Notices of liens, certificates and other notices affecting federal tax liens or other federal liens must be filed in accordance with ORS 87.806 to 87.855

0.7K chars

ORS 87.810 [Repealed by 1967 c.445 §1]

0.0K chars

ORS 87.811 Certification of tax lien notices. Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or the delegate 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]

0.0K chars

ORS 87.815 [Repealed by 1967 c.445 §1]

0.0K chars

ORS 87.816 Keeping of index and files with respect to tax liens; certification by filing officer; fee; rules. (1) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) of this section is presented to a filing officer who is

3.5K chars

ORS 87.820 [Repealed by 1967 c.445 §1]

0.0K chars

ORS 87.821 Filing and indexing fee; rules. (1) The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is as prescribed by the Secretary of State by rule. The fee described in this subsection shall be nonrefundable

0.3K chars

ORS 87.825 [Repealed by 1967 c.445 §1]

0.0K chars

ORS 87.826 Construction. ORS 87.806 to 87.831 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact the Uniform Federal Lien Registration Act. [1967 c.445 §6; 1981 c.852 §6]

0.0K chars

ORS 87.830 [Repealed by 1967 c.445 §1]

0.0K chars

ORS 87.831 Short title. ORS 87.806 to 87.831 may be cited as the Uniform Federal Lien Registration Act. [1967 c.445 §7; 1981 c.852 §7]

0.0K chars

ORS 87.835 [Repealed by 1967 c.445 §1]

0.0K chars

ORS 87.855 Lien for contributions to employee benefit plan; priority. (1) Every employer who is required to pay contributions, by agreement or otherwise, into a fund of any employee benefit plan in order that the 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

0.6K chars

ORS 87.860 Filing of claim of lien. (1) The lien claimant under ORS 87.855 (1), or the representative of the claimant, or the trustees of the employee benefit plan fund on the 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

0.3K chars

ORS 87.865 Foreclosure; joinder or consolidation; costs; limitation. (1) The lien described in ORS 87.855 may be enforced by a suit in the circuit court, and shall be governed by the laws regulating the proceedings for the foreclosure of liens generally

0.6K chars

ORS 87.870 Definitions for ORS 87.870 to 87.876. For purposes of ORS 87.870 to 87.876, “customer,” “mold” and “molder” have the meanings given those terms in ORS 98.470. [2001 c.863 §2]

0.0K chars

ORS 87.872 Lien for mold created or work performed with mold. (1) If a molder does not retain title to a mold that the molder fabricated, molded, cast or made for a customer or if a 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

0.7K chars

ORS 87.876 Sale of mold. (1) Before a molder may sell a mold pursuant to ORS 87.872, the molder shall notify the customer of the sale by registered mail with return receipt requested. The notice shall include

0.9K chars

ORS 87.905 [Repealed by 1961 c.726 §427]

0.0K chars

ORS 87.910 Cost of preparing lien notice. A person who files a notice or claim of lien under this chapter may add to the amount of the claim, as contained in the 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]

0.0K chars

ORS 87.915 [1961 c.518 §§1,3; 1963 c.604 §7; 1969 c.330 §8; repealed by 1975 c.648 §72]

0.0K chars

ORS 87.920 Recording of document not to create lien, affect title or constitute notice except as authorized by law. Except where filing of the document is specifically required or authorized by statute, no document filed for recording or otherwise with any public officer in 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]

0.2K chars

ORS 87.930 Secretary of State to furnish list of persons who have filed financing statement. If the Secretary of State receives notice of a lien created under ORS 87.226, 87.705 or 87.755, the Secretary of State, upon request, shall furnish the person who filed the lien with a list of persons who have filed a financing statement under ORS 79A.5010 that perfects a security interest in the inventory, proceeds or accounts receivable of the lien debtor or purchaser. The list must include

0.6K chars