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Oregon
Oregon Liens for Service to Horses and for the Care of Horses
NOTE: Oregon has no lien specially for veterinarians, farriers
or breeders. However, it has a comprehensive agricultural
services lien that covers all three.
OREGON REVISED STATUTES
TITLE 9. MORTGAGES AND LIENS
CHAPTER 87. STATUTORY LIENS NONPOSSESSORY CHATTEL LIENS
87.226. Agricultural services lien.
(1) A person who performs labor, supplies materials or provides
services on farmland, range, ranch, orchard or in that person's
place of business to aid 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 shall also attach to the proceeds of the crops or
animals and to the unborn progeny of the animals which 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) 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.
87.236. Attachment of liens; attachment to proceeds.
(1) The liens created by ORS 87.216 to 87.232 attach to
the chattels described in those sections.
(2) The liens created by ORS 87.222 and 87.232 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.
87.242. Filing notice of claim of lien; contents of notice;
effect of failure to file notice.
(1) A person claiming a lien created by ORS 87.216, 87.222
or 87.232 shall file a written notice of claim of lien with
the recording 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, for all claims of lien filed
on or after January 1, 1988, 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. A person claiming a lien created
by ORS 87.226, for all claims of lien filed on or before
December 31, 1987, 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,
in the county in which the lien debtor has its principal
place of business, not later than 75 days after the close
of the furnishing of the labor, services or materials.
(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.
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."
(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.
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.
(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 claimed by the lien claimant under
ORS 87.226 exceeds $20,000, and if the lien claimant fails
to comply with subsection (2) of this section, then, unless
the lien claimant sends a copy of the notice of claim of
lien to affected security interest holders disclosed by
a search of the Secretary of State's lien records under
the account name supplied to the lien claimant by the lien
debtor or such other name or assumed business names previously
supplied by the lien debtor in writing to the lien claimant,
that part of the lien claimed under ORS 87.226 that exceeds
$20,000 shall be subordinate to any security interest in
the crops or animals to be charged with the lien if the
security interest was duly perfected before the date on
which the lien claimant filed a notice of claim of lien
and if the holder of the security interest did not receive
a notice due to the lien claimant's failure to comply with
subsection (2) of this section.
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.
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
or district 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.
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.
(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.
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:
(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.
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.
(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.
87.282. Waiver of right to hearing before filing of petition.
The court shall order that the lien claimant's lien be foreclosed
by advertisement and sale if the court finds:
(1) That the lien debtor, by 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.
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.
(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.
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.
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.
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.
(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.
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.
(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.
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.
(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.
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 district or 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.
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.
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.
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.
(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 or decree against the sureties upon
the bond, against the irrevocable letter of credit issuer
or against the deposited money.
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.
(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 which has ceased to exist pursuant to
ORS 87.266 (2) may file with the Secretary of State or recording
officer of the county in which the claim of lien is recorded
a notarized certificate indicating:
(a) The date and location where the claim of lien was filed
with the Secretary of State or county recorder;
(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 clerks of the district and circuit courts
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.
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