ORS § 87.342 — OR Code / Title 9 / Chapter 87 / Section 87.342
87.342 Bond, letter of credit or deposit of money to discharge lien on chattel
Status: in_force

(1) The owner of a chattel subject to a lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) to 87.232 (Fishing lien and fish worker’s lien) , 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) Intentionally left blank —Ed.

(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 (Additional definitions for Bank Act) , 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]

Source: Section 87.342 — Bond, letter of credit or deposit of money to discharge lien on chattel; amount; recording; notice to lien claimant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.930 — OR Code / Title 9 / Chapter 87 / Section 87.930
87.930 Secretary of State to furnish list of persons who have filed financing statement
Status: in_force

If the Secretary of State receives notice of a lien created under ORS 87.226 (Agricultural services lien) , 87.705 (Agricultural produce lien) or 87.755 (Grain producer’s lien) , 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 79.0501 (UCC 9-501. Filing office) 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; 2007 c.71 §22]

Note: 87.930 (Secretary of State to furnish list of persons who have filed financing statement) 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.

Source: Section 87.930 — Secretary of State to furnish list of persons who have filed financing statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.741 — OR Code / Title 9 / Chapter 86 / Section 86.741
86.741 Attorney General duties and powers
Status: in_force

(1) The Attorney General shall:

(a) Appoint and enter into an agreement with a service provider to coordinate and manage a program to implement the provisions of ORS 86.726 (Resolution conference for foreclosure) , 86.729 (Scheduling and notice for resolution conference) , 86.732 (Attendance at resolution conference) and 86.736 (Certificate of compliance) .

(b) Enter into an agreement for information technology goods or services.

(c) Receive affidavits submitted under ORS 86.726 (Resolution conference for foreclosure) (1)(b).

(d) Specify the amount a beneficiary must pay to the service provider under ORS 86.726 (Resolution conference for foreclosure) (2) and 86.729 (Scheduling and notice for resolution conference) (4)(a) and the amount that the grantor must pay to the service provider under ORS 86.729 (Scheduling and notice for resolution conference) (2)(a).

(e) Prescribe qualifications, training and experience requirements for facilitators that conduct or assist resolution conferences.

(f) Specify procedures and guidelines for conducting a resolution conference.

(g) Adopt additional rules to implement ORS 86.726 (Resolution conference for foreclosure) , 86.729 (Scheduling and notice for resolution conference) , 86.732 (Attendance at resolution conference) , 86.736 (Certificate of compliance) , 86.744 (Foreclosure Avoidance Fund) and 86.748 (Determination of ineligibility for foreclosure avoidance measure) .

(2) The Attorney General shall pay for the service provider’s services and for information technology goods and services from the Foreclosure Avoidance Fund established under ORS 86.744 (Foreclosure Avoidance Fund) . The Attorney General is not subject to ORS chapter 279A, 279B or 279C in appointing a service provider or entering into an agreement under subsection (1)(a) or (b) of this section.

(3) In addition to and not in lieu of any other penalty provided by law, violation of ORS 86.726 (Resolution conference for foreclosure) (1)(a) or (2), 86.729 (Scheduling and notice for resolution conference) (4) or 86.732 (Attendance at resolution conference) (1) or (2) by a beneficiary is an unlawful practice under ORS 646.607 (Unlawful business, trade practices) that is subject to enforcement under ORS 646.632 (Enjoining unlawful trade practices) . [2013 c.304 §6; 2017 c.154 §1]

Source: Section 86.741 — Attorney General duties and powers; payments; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.272 — OR Code / Title 9 / Chapter 87 / Section 87.272
87.272 Petition for foreclosure without suit
Status: in_force

A person claiming a lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) to 87.232 (Fishing lien and fish worker’s lien) 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 (Filing notice of claim of lien) ;

(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 (Compelling delivery when attorney claims lien) , 87.142 (Definitions for ORS 87.142 to 87.490 and 87.910) to 87.490 (Priority of lien upon actions and judgments) , 87.705 (Agricultural produce lien) , 87.710 (Filing notice of lien) , 87.910 (Cost of preparing lien notice) and 90.120 (Applicability of other statutory lien, tenancy and rent provisions) . [1975 c.648 §27]

Source: Section 87.272 — Petition for foreclosure without suit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.730 — OR Code / Title 9 / Chapter 87 / Section 87.730
87.730 Expiration of lien for failure to bring timely foreclosure suit
Status: in_force

A lien created under ORS 87.705 (Agricultural produce lien) 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 (Filing notice of lien) , 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]

Source: Section 87.730 — Expiration of lien for failure to bring timely foreclosure suit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.224 — OR Code / Title 9 / Chapter 86a / Section 86a.224
86A.224 Denying, suspending, conditioning, revoking or declining to renew license
Status: in_force

(1) In addition to authority the Director of the Department of Consumer and Business Services has under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , the director under this section has the authority, subject to ORS chapter 183, to deny, suspend, place conditions upon, revoke or decline to renew a mortgage loan originator’s license or permanently prohibit a person from conducting business as a mortgage loan originator if:

(a) A licensed mortgage loan originator violates a provision of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) or a rule or order the director issues under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) ;

(b) The director makes a finding under ORS 86A.212 (Findings required for issuing license) or 86A.218 (License renewal) that the director believes justifies a decision to deny or decline to renew a mortgage loan originator’s license;

(c) An applicant makes a false statement or a material misstatement of fact on an application for a mortgage loan originator’s license or a licensed mortgage loan originator makes a false statement or a material misstatement of fact on an application to renew a mortgage loan originator’s license; or

(d) A person who is not exempted from the requirement to obtain a mortgage loan originator’s license under ORS 86A.203 (License and unique identifier for mortgage loan originator) (2) conducts business as a mortgage loan originator without applying for and receiving a mortgage loan originator’s license under ORS 86A.206 (Application for license) and 86A.212 (Findings required for issuing license) .

(2) The director, subject to ORS chapter 183, may order a person that is subject to regulation under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) to:

(a) Cease and desist immediately or permanently from violating a provision of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) or from an act or practice related to mortgage loan origination that the director deems harmful to a consumer or to the public;

(b) Stop or suspend business related to mortgage loan origination;

(c) Pay restitution to a consumer or another person that the director finds suffered harm from the person’s acts, omissions, practices or operations or as a result of the person’s violation of a provision of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) ; or

(d) Take or refrain from taking an action the director deems necessary to comply with ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) .

(3) Intentionally left blank —Ed.

(a) The director, in accordance with ORS 183.745 (Civil penalty procedures) , may impose a civil penalty in an amount not to exceed $5,000 for each separate instance of a violation of or failure to comply with the provisions of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) or a rule or order the director adopted or issued under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) .

(b) Every violation described in paragraph (a) of this subsection is a separate offense that is subject to a separate penalty. Each day in which the same violation occurs is a separate violation. A violation that continues for more than one day is a continuing violation that is subject to a maximum penalty of $20,000.

(4) Intentionally left blank —Ed.

(a) A person may not knowingly:

(A) Violate a provision of ORS 86A.203 (License and unique identifier for mortgage loan originator) ;

(B) Fail to comply with an order the director issues under this section;

(C) Fail to produce records at the director’s request under ORS 86A.233 (Production of records) ;

(D) Employ a device, scheme or artifice to defraud or engage in an act, practice or course of business that operates or would operate as a fraud or deceit;

(E) Make an untrue statement of a material fact or omit from a statement a material fact that would make the statement not misleading in light of the circumstances under which the person makes the statement; or

(F) Make or file or cause to be made or filed with the director a statement, report or document that the person knows is false in a material respect or matter.

(b) A person who takes an action described in paragraph (a) of this subsection commits a Class C felony. [2009 c.863 §8]

Source: Section 86A.224 — Denying, suspending, conditioning, revoking or declining to renew license; findings required; order; civil penalty; prohibited activity; criminal liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.055 — OR Code / Title 9 / Chapter 87 / Section 87.055
87.055 Duration of lien
Status: in_force

No lien created under ORS 87.010 (Construction liens) 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 (Perfecting lien) 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 (When action deemed begun) .

(2) With regard to other parties who are construction lien claimants under ORS 87.035 (Perfecting lien) , 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 (When action deemed begun) . [Amended by 1975 c.466 §13; 1985 c.341 §1; 1985 c.513 §4; 1987 c.662 §10]

Source: Section 87.055 — Duration of lien; when suit to enforce lien commences , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.145 — OR Code / Title 9 / Chapter 86a / Section 86a.145
86A.145 Oaths and subpoenas in proceedings before director
Status: in_force

(1) For the purpose of an investigation or proceeding under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , the Director of the Department of Consumer and Business Services may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records that the director deems relevant or material to the inquiry. Each witness who appears before the director under a subpoena shall receive the fees and mileage provided for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2).

(2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court or of any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [Formerly 59.915]

Source: Section 86A.145 — Oaths and subpoenas in proceedings before director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.565 — OR Code / Title 9 / Chapter 87 / Section 87.565
87.565 Notice of lien required
Status: in_force

(1) In order to perfect a lien under ORS 87.555 (Hospitals, physicians, physician assistants and nurse practitioners as lien claimants) (1), a hospital, an owner or operator of a hospital, a physician, a physician assistant 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 substantially in the form prescribed in ORS 87.570 (Form of notice) , 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 (Hospitals, physicians, physician assistants and nurse practitioners as lien claimants) (2), a hospital, an owner or operator of a hospital, a physician, a physician assistant 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 substantially in the form prescribed in ORS 87.570 (Form of notice) , 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; 2014 c.45 §7]

Source: Section 87.565 — Notice of lien required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.490 — OR Code / Title 9 / Chapter 87 / Section 87.490
87.490 Priority of lien upon actions and judgments
Status: in_force

(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 (Lien upon actions and judgments) , the lien created by ORS 87.445 (Lien upon actions and judgments) is superior to all other liens, including a lien created by ORS 147.285 (Creation of lien) .

(2) When the lien of an attorney created under ORS 87.445 (Lien upon actions and judgments) 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]

Source: Section 87.490 — Priority of lien upon actions and judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.246 — OR Code / Title 9 / Chapter 87 / Section 87.246
87.246 Recording
Status: in_force

(1) Except for a notice of a claim for a lien created by ORS 87.226 (Agricultural services lien) , the recording officer of a county shall record the notices filed under ORS 87.242 (Filing notice of claim of lien) 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 (Filing notice of claim of lien) 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 of the Secretary of State) . Fees described in this subsection shall be nonrefundable. [1975 c.648 §22; 1987 c.297 §2; 1999 c.464 §3]

Source: Section 87.246 — Recording; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.542 — OR Code / Title 9 / Chapter 87 / Section 87.542
87.542 Priority of lien
Status: in_force

(1) A lien created under ORS 87.503 (Lien for long term care) 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 (Perfecting lien) . Except for property tax liens, the lien created by ORS 87.503 (Lien for long term care) 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 (Perfecting lien) .

(2) A lien created under ORS 87.503 (Lien for long term care) 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 (Perfecting lien) .

(3) ORS 93.645 (Priority of purchaser) shall apply to a lien created under ORS 87.503 (Lien for long term care) as if the lien were a judgment lien. [1997 c.744 §5]

Note: See note under 87.501 (Definitions for ORS 87.501 to 87.542) .

Source: Section 87.542 — Priority of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.175 — OR Code / Title 9 / Chapter 86a / Section 86a.175
86A.175 Servicing or collecting mortgage banking loan or mortgage loan by mortgage banker or mortgage broker
Status: in_force

(1) With the permission of the lender, note owner, note holder or other holder of an interest in a note, a mortgage banker or mortgage broker may service or collect a mortgage banking loan or mortgage loan in the name of the mortgage banker or mortgage broker or in the name of the lender, note owner, note holder or other holder of an interest in the note.

(2) Except as provided in ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , nothing in subsection (1) of this section grants the Director of the Department of Consumer and Business Services the authority to regulate the servicing or collection of a mortgage banking loan or mortgage loan by a mortgage banker or mortgage broker.

(3) As used in this section:

(a) “Mortgage banker” has the meaning given that term in ORS 86A.100 (Definitions) (3)(a) but also includes a person exempted from the definition of mortgage banker in ORS 86A.100 (Definitions) (3)(b).

(b) “Mortgage banking loan” has the meaning given that term in ORS 86A.100 (Definitions) .

(c) “Mortgage broker” has the meaning given that term in ORS 86A.100 (Definitions) .

(d) “Mortgage loan” has the meaning given that term in ORS 86A.100 (Definitions) .

(e) “Service or collect any mortgage banking loan or mortgage loan” includes but is not limited to:

(A) Holding documents or written instruments and receiving and disbursing payments according to the instructions of the parties to the documents or written instruments;

(B) Collecting or remitting, or having the right or obligation to collect or remit, for a lender, note owner, note holder or other holder of an interest in a note or for a mortgage banker’s or mortgage broker’s own account, payments, interest, principal and trust items, including but not limited to hazard insurance and taxes, on a mortgage banking loan or mortgage loan in accordance with the terms of the loan, and includes loan payment follow-up, delinquency loan follow-up, loan analysis and notifications to the borrower that are necessary to enable the borrower to keep the loan current and in good standing; and

(C) Bringing and maintaining a suit or action to collect amounts owed on a mortgage banking loan or mortgage loan, including but not limited to exercising contractual, statutory or common law remedies such as injunction, specific performance, judicial or nonjudicial foreclosure or receivership. [Formerly 59.962]

Note: 86A.175 (Servicing or collecting mortgage banking loan or mortgage loan by mortgage banker or mortgage broker) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 86A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 86A.175 — Servicing or collecting mortgage banking loan or mortgage loan by mortgage banker or mortgage broker , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.209 — OR Code / Title 9 / Chapter 86a / Section 86a.209
86A.209 Interim license
Status: in_force

The Director of the Department of Consumer and Business Services may issue an interim mortgage loan originator’s license to a person that is not licensed under ORS 86A.212 (Findings required for issuing license) if the director finds that issuing the interim license will facilitate the business of licensed mortgage loan originators or prevent an undue delay in issuing a mortgage loan originator’s license. The director may specify the term of the interim mortgage loan originator’s license and may issue the interim license to an applicant for a mortgage loan originator’s license only if the director finds that the applicant:

(1) Is employed by a person that has a valid license or registration from the Department of Consumer and Business Services;

(2) Substantially meets the requirements of ORS 86A.206 (Application for license) , 86A.212 (Findings required for issuing license) and 86A.215 (Education and testing requirements for license) as of July 31, 2010; and

(3) Has not committed an act prohibited under ORS 86A.236 (Prohibited activities) . [2009 c.863 §3a]

Source: Section 86A.209 — Interim license; findings required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.876 — OR Code / Title 9 / Chapter 87 / Section 87.876
87.876 Sale of mold
Status: in_force

(1) Before a molder may sell a mold pursuant to ORS 87.872 (Lien for mold created or work performed with mold) , 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]

Source: Section 87.876 — Sale of mold , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 88.103 — OR Code / Title 9 / Chapter 88 / Section 88.103
88.103 Sale of real property after mortgage foreclosure
Status: in_force

(1) When real property is sold pursuant to a judgment foreclosing a mortgage and the proceeds of the sale are not adequate to satisfy the amounts secured by the mortgage, all judgment remedies for collection of the unsatisfied amounts expire when the sale is made if:

(a) The mortgage was given to a seller to secure the unpaid balance of the purchase price of real property; or

(b) The mortgage was given after September 13, 1975, to a person other than a seller to secure not more than $50,000 of the unpaid balance of the purchase price of real property used by the purchaser as the primary or secondary single family residence of the purchaser.

(2) If a purchaser gives more than one mortgage to a seller or a single lender to finance the purchase of real property that the purchaser uses as the purchaser’s primary single family residence and the seller or lender or a subsidiary, affiliate or successor of the seller or lender continues to hold the mortgages at the time of foreclosure, judgment remedies for the collection of unsatisfied amounts that the grantor owes to the seller or lender or the subsidiary, affiliate or successor of the seller or lender on notes secured by the mortgages expire when the real property is sold in accordance with the foreclosure. [Formerly 88.070]

Source: Section 88.103 — Sale of real property after mortgage foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html (accessed May 26, 2025).
ORS § 87.015 — OR Code / Title 9 / Chapter 87 / Section 87.015
87.015 Land and interests therein subject to lien
Status: in_force

(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 (Construction liens) (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 (Construction liens) (1), (4) and (5) is claimed against a unit as defined in ORS 100.005 (Definitions) , 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 (Short title) to 87.060 (Foreclosure) and 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner) , 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; 2019 c.69 §36]

Source: Section 87.015 — Land and interests therein subject to lien; leaseholds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.693 — OR Code / Title 9 / Chapter 87 / Section 87.693
87.693 ORS 87.687 as exclusive law for creating lien
Status: in_force

(1) Except as provided in subsection (2) of this section, ORS 87.687 (Self-service storage facility owner’s possessory lien) 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 (Unauthorized parking of vehicle on proscribed property prohibited) to 98.818 (Preference of lien) . [1997 c.374 §6]

Source: Section 87.693 — ORS 87.687 as exclusive law for creating lien; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.990 — OR Code / Title 9 / Chapter 86 / Section 86.990
86.990 Penalties
Status: in_force

Violation of ORS 86.040 (Improvements on mortgaged lands) is a Class B misdemeanor. [Amended by 1961 c.726 §410; 2011 c.597 §154]

Source: Section 86.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.761 — OR Code / Title 9 / Chapter 86 / Section 86.761
86.761 Failure to give notice to grantor
Status: in_force

(1) A grantor shall have the same rights possessed by the holder of a junior lien or interest who was omitted as a party defendant in a judicial foreclosure proceeding if:

(a) The notice required by ORS 86.756 (Notice to grantor) is not sent to the grantor;

(b) The grantor does not actually receive a copy of the notice at least 25 days before the date on which the trustee conducts the sale; and

(c) The grantor informs the trustee, the purchaser, the beneficiary or any loan servicer in writing not later than 60 days after the purchaser takes possession of the property upon which a trust deed was foreclosed that the grantor did not receive the notice and did not have actual notice of the sale.

(2) The purchaser at the trustee’s sale, or the purchaser’s heirs, assigns or transferees, shall have the same rights possessed by a purchaser at a sheriff’s sale following a judicial foreclosure. [Formerly 86.739]

Source: Section 86.761 — Failure to give notice to grantor; remedy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.811 — OR Code / Title 9 / Chapter 87 / Section 87.811
87.811 Certification of tax lien notices
Status: in_force

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]

Source: Section 87.811 — Certification of tax lien notices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.440 — OR Code / Title 9 / Chapter 86 / Section 86.440
86.440 Discharge of mortgage recorded with county recording officer
Status: in_force

Whenever any mortgage recorded under the provisions of ORS 86.350 (1959 Replacement Part) is paid or otherwise satisfied, it shall be discharged by the recording with the recording officer of a certificate of such owner, executed and acknowledged with the same formalities as are prerequisite to the recording of any such mortgage, showing the date of execution, date of recording, and recording number of the record thereof, and that such mortgage has been fully discharged. [Amended by 1999 c.654 §4]

Source: Section 86.440 — Discharge of mortgage recorded with county recording officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.603 — OR Code / Title 9 / Chapter 87 / Section 87.603
87.603 Definitions for ORS 87.603 to 87.633
Status: in_force

As used in ORS 87.603 (Definitions for ORS 87.603 to 87.633) to 87.633 (Foreclosure) , unless the context requires otherwise:

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

(2) “Ambulance services” includes the transportation of an individual who is ill or injured or who has a disability 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; 2007 c.70 §19]

Source: Section 87.603 — Definitions for ORS 87.603 to 87.633 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.382 — OR Code / Title 9 / Chapter 87 / Section 87.382
87.382 Foreclosure
Status: in_force

The liens described in ORS 87.352 (Mining labor and material lien) to 87.362 (Irrigation power lien) shall be foreclosed in the manner provided in ORS chapter 88. [1975 c.648 §49]

Source: Section 87.382 — Foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.726 — OR Code / Title 9 / Chapter 86 / Section 86.726
86.726 Resolution conference for foreclosure
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection and subsection (5) of this section, a beneficiary that intends to foreclose a residential trust deed shall first request a resolution conference with the grantor before the beneficiary or the trustee files a notice of default under ORS 86.752 (Foreclosure by advertisement and sale) or before the beneficiary brings suit under ORS 88.010 (Foreclosure of lien by suit) .

(b) Intentionally left blank —Ed.

(A) The requirement to request or participate in a resolution conference with a grantor in accordance with subsection (2) or (3) of this section does not apply to a beneficiary if the beneficiary submits to the Attorney General a sworn affidavit that states that during the preceding calendar year the beneficiary did not commence or cause an affiliate, subsidiary or agent of the beneficiary to commence more than 30 actions to foreclose a residential trust deed by advertisement and sale under ORS 86.752 (Foreclosure by advertisement and sale) or by suit under ORS 88.010 (Foreclosure of lien by suit) . A beneficiary that is a trustee shall include as part of the total number of foreclosure actions that the beneficiary commenced in the previous calendar year all foreclosure actions that the beneficiary commenced under ORS 86.752 (Foreclosure by advertisement and sale) or 88.010 (Foreclosure of lien by suit) in the beneficiary’s capacity as a trustee. A beneficiary that intends to claim an exemption under this subparagraph shall submit the affidavit in a form and with the contents the Attorney General specifies by rule either:

(i) Not later than January 31 in any calendar year in which the beneficiary intends to claim the exemption for the remainder of the calendar year; or

(ii) At the time the beneficiary files a notice of default under ORS 86.752 (Foreclosure by advertisement and sale) or brings suit under ORS 88.010 (Foreclosure of lien by suit) .

(B) An exemption under subparagraph (A) of this paragraph expires at the end of the calendar year in which the beneficiary claims the exemption.

(c) Except as provided in subsection (5) of this section, a beneficiary that claims an exemption under this subsection is not exempt from the requirements set forth in ORS 86.748 (Determination of ineligibility for foreclosure avoidance measure) .

(2) The beneficiary shall request a resolution conference through the service provider. The beneficiary shall submit the request to the service provider electronically, by facsimile or by mail and shall submit a processing fee in an amount and in a manner that the Attorney General specifies by rule. The service provider shall pay to the Attorney General, for deposit into the Foreclosure Avoidance Fund established under ORS 86.744 (Foreclosure Avoidance Fund) , moneys the service provider receives from the beneficiary under this subsection. The beneficiary’s request under this subsection must identify the residential trust deed that the beneficiary intends to foreclose and list the name, title, address, telephone number and other available contact information for:

(a) The beneficiary;

(b) Any agent of the beneficiary that will attend the resolution conference;

(c) Any person other than a person identified in paragraph (a) or (b) of this subsection that will receive, on the beneficiary’s behalf, notices or other communications related to the resolution conference; and

(d) The grantor.

(3) Intentionally left blank —Ed.

(a) If a beneficiary does not request a resolution conference under subsection (1) of this section, a grantor may request a resolution conference with the beneficiary if:

(A) The beneficiary or the trustee has not filed a notice of default under ORS 86.752 (Foreclosure by advertisement and sale) or the beneficiary has not commenced a suit under ORS 88.010 (Foreclosure of lien by suit) ; and

(B) The grantor first obtains from a housing counselor a certification in writing that the grantor is more than 30 days in default on the obligation that the residential trust deed secures or, if the grantor is not in default, that the grantor has a financial hardship that the housing counselor believes may qualify the grantor for a foreclosure avoidance measure.

(b) A grantor shall request a resolution conference through the service provider. The grantor shall submit the request to the service provider electronically, by facsimile or by mail and shall enclose with the request the written certification the housing counselor provides under paragraph (a)(B) of this subsection. The Attorney General by rule shall specify the information that the request must include.

(c) A beneficiary that receives a notice from a service provider after the service provider receives a request from a grantor under paragraph (b) of this subsection is subject to the requirements set forth in this section and ORS 86.729 (Scheduling and notice for resolution conference) , 86.732 (Attendance at resolution conference) , 86.736 (Certificate of compliance) and 86.748 (Determination of ineligibility for foreclosure avoidance measure) .

(d) This subsection does not apply to a beneficiary that has submitted an affidavit and is exempt under subsection (1)(b) of this section.

(4) A beneficiary that submitted an affidavit in accordance with subsection (1)(b) of this section may, without waiving the exemption the beneficiary claimed in the affidavit, request a resolution conference with a grantor. The beneficiary shall submit a request under this subsection in accordance with the requirements set forth in subsection (2) of this section, except that submitting the request does not require a processing fee.

(5) The requirement to request or participate in a resolution conference with a grantor in accordance with subsection (2) or (3) of this section does not apply to the Department of Veterans’ Affairs in its capacity as a beneficiary of loans made under ORS 407.125 (Loans to qualified person) . [2013 c.304 §2; 2015 c.382 §1; 2021 c.106 §4]

Source: Section 86.726 — Resolution conference for foreclosure; exemptions; procedure to request conference; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.686 — OR Code / Title 9 / Chapter 87 / Section 87.686
87.686 Rental agreement
Status: in_force

(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 at the self-service storage facility, the rental agreement must describe the nature of the insurance coverage.

(3) If the owner does not hold an insurance policy that protects personal property stored at the self-service storage facility, the rental agreement must state that the occupant’s personal property 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. [1999 c.719 §2; 2013 c.209 §4]

Source: Section 87.686 — Rental agreement; statement of insurance held by owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.713 — OR Code / Title 9 / Chapter 86 / Section 86.713
86.713 Qualifications of trustee
Status: in_force

(1) The trustee of a trust deed under ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) :

(a) Is not required to comply with the provisions of ORS chapters 707 and 709.

(b) Must be:

(A) An attorney who is an active member of the Oregon State Bar or a law practice that includes an attorney who is an active member of the Oregon State Bar;

(B) A financial institution or trust company, as defined in ORS 706.008 (Additional definitions for Bank Act) , that is authorized to do business under the laws of Oregon or the United States;

(C) A title insurance company or a subsidiary, affiliate, insurance producer or branch of the title insurance company that is authorized to insure title to real property in this state;

(D) The United States or any agency of the United States; or

(E) An escrow agent that is licensed under ORS 696.505 (Definitions for ORS 696.505 to 696.590) to 696.590 (Penalty amounts) .

(c) Shall obtain from the Secretary of State a certificate of authority to transact business in this state as a foreign business entity, if the trustee is a person described in paragraph (b)(B) or (C) of this subsection, unless the trustee has registered with or obtained a certificate of authority from the Director of the Department of Consumer and Business Services.

(2) A law practice that, or an attorney who, is a trustee under subsection (1)(b)(A) of this section may represent the beneficiary in addition to performing the duties of trustee.

(3) At any time after a trust deed is executed, the beneficiary may appoint in writing another qualified trustee. If the appointment of the successor trustee is recorded in the mortgage records of the county or counties in which the trust deed is recorded, the successor trustee has the powers of the original trustee.

(4) A trustee or successor trustee is a necessary and proper party to any proceeding to determine the validity of a trust deed, or to enjoin any private or judicial proceeding to foreclose a trust deed, but a trustee or successor trustee is not a necessary or proper party to any proceeding to determine title to the property subject to the trust deed, or to any proceeding to impose, enforce or foreclose any other lien on the subject property.

(5) The provisions of ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) do not impose a duty on the trustee or successor trustee to notify any person of any proceeding with respect to the person, except a proceeding that the trustee or successor trustee initiates.

(6) A trustee or the attorney for the trustee or any agent that the trustee or the attorney designates may announce and accept a bid from the beneficiary whether or not the beneficiary is present at the sale.

(7) The trustee or successor trustee does not have a fiduciary duty or fiduciary obligation to the grantor or other persons that have an interest in the property subject to the trust deed. The trustee or successor trustee is not relieved of the duty to reconvey the property that is subject to the trust deed to the grantor when the beneficiary requests a reconveyance.

(8) If a law practice is the trustee under subsection (1)(b)(A) of this section, an attorney who is an active member of the Oregon State Bar and is a shareholder, partner, member or employee of the law practice shall sign on the trustee’s behalf any document that is permitted or required to be signed under ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) . The attorney who signs the document shall make evident in the document the attorney’s name and Oregon State Bar number and shall state in the document that the trustee has authorized the attorney to sign the document on the trustee’s behalf.

(9) If an attorney is the trustee under subsection (1)(b)(A) of this section, another attorney who is an active member of the Oregon State Bar and is a shareholder, partner, member or employee of the law practice in which the attorney practices law may sign on the trustee’s behalf any document that is permitted or required to be signed under ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) . The attorney who signs the document shall make evident in the document the attorney’s name and Oregon State Bar number and shall state in the document that the trustee has authorized the attorney to sign the document on the trustee’s behalf. [Formerly 86.790]

Source: Section 86.713 — Qualifications of trustee; certificate of authority to transact business; law practice serving as trustee; appointment of successor trustee; trustee’s duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.800 — OR Code / Title 9 / Chapter 86 / Section 86.800
86.800 Contents of trustee’s deed to purchaser
Status: in_force

The trustee’s deed to the purchaser at the trustee’s sale shall contain, in addition to a description of the property conveyed, a recital of the facts concerning the default, the notice given, the conduct of the sale and the receipt of the purchase money from the purchaser. [Formerly 86.775]

Source: Section 86.800 — Contents of trustee’s deed to purchaser , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.812 — OR Code / Title 9 / Chapter 86 / Section 86.812
86.812 Impermissible conditions for approving short sale or sale of note
Status: in_force

(1) As used in this section, “nonprofit entity” means a nonprofit corporation that is organized in this state and that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, or a subsidiary or agent of the nonprofit corporation.

(2) Except as provided in subsection (3) of this section, a beneficiary may not, as a condition of offering or approving a short sale as an alternative to foreclosing a residential trust deed, require a nonprofit entity that purchases property that is subject to the residential trust deed from a grantor in a short sale, or that purchases a note from the beneficiary that secures the grantor’s obligation to the beneficiary by means of the residential trust deed, to enter into an agreement with the beneficiary or the grantor that limits or bars the grantor, after the short sale or the sale of the note, from owning or occupying the property that is subject to the residential trust deed.

(3) Subsection (2) of this section does not apply if:

(a) The beneficiary does not receive notice before the short sale that the nonprofit entity or the grantor intends for the grantor to continue after the short sale to own or occupy the property that is the subject of the short sale;

(b) The grantor does not allow the beneficiary reasonable access to the property that is the subject of the short sale for the purpose of inspecting or appraising the property;

(c) Offering or approving the short sale would require the beneficiary to breach a contractual obligation to another person with respect to a residential trust deed that was recorded before July 19, 2013; or

(d) Offering or approving the short sale would require the beneficiary to breach a legal obligation that is not based on a contract. [2013 c.625 §2]

Source: Section 86.812 — Impermissible conditions for approving short sale or sale of note; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.560 — OR Code / Title 9 / Chapter 87 / Section 87.560
87.560 Limitations on extent of lien
Status: in_force

(1) No lien under ORS 87.555 (Hospitals, physicians, physician assistants and nurse practitioners as lien claimants) (1) shall be allowed:

(a) For hospitalization and treatment from a physician, physician assistant 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 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, physician, physician assistant or nurse practitioner perfecting a lien under ORS 87.565 (Notice of lien required) (2).

(2) This section does not preclude a hospital, a physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) from perfecting a lien under ORS 87.555 (Hospitals, physicians, physician assistants and nurse practitioners as lien claimants) . [Amended by 1989 c.727 §2; 1999 c.146 §2; 2005 c.465 §5; 2014 c.45 §6]

Source: Section 87.560 — Limitations on extent of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.025 — OR Code / Title 9 / Chapter 87 / Section 87.025
87.025 Priority of perfected liens
Status: in_force

(1) A lien created under ORS 87.010 (Construction liens) (2) or (6) and perfected under ORS 87.035 (Perfecting lien) 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 (Construction liens) (1), (4) or (5) and perfected under ORS 87.035 (Perfecting lien) 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 (Legal holidays) , 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 (Notice to owners) 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 (Notice of right to lien) .

(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 (Legal holidays) , 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 (Construction liens) and perfected under ORS 87.035 (Perfecting lien) 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 (Perfecting lien) relates to the date of commencement of the improvement as defined in ORS 87.005 (Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093) . Except as provided in subsection (3) of this section, the date of creation of the lien under ORS 87.010 (Construction liens) and the date of perfection of the lien under ORS 87.035 (Perfecting lien) 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 (Foreclosure) (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]

Source: Section 87.025 — Priority of perfected liens; right to sell improvements separately from land; notice to mortgagee; list of materials or supplies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.148 — OR Code / Title 9 / Chapter 86a / Section 86a.148
86A.148 Copies of documents
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall furnish to any person, upon payment of a fee established by rule, copies of any document which is a matter of public record. Certified copies shall be furnished upon request. In a proceeding or prosecution under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , a copy so certified shall be prima facie evidence of the contents of the entry or document certified.

(2) A certificate of the director as to compliance or noncompliance with licensing provisions of ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) shall be taken and received in a civil or criminal proceeding in this state as prima facie evidence of the facts stated in the certificate. [Formerly 59.920]

Source: Section 86A.148 — Copies of documents; fees; rules; effect of certification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.503 — OR Code / Title 9 / Chapter 87 / Section 87.503
87.503 Lien for long term care
Status: in_force

(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 (Legal rate of interest) 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 (Definitions for ORS 87.501 to 87.542) to 87.542 (Priority of lien) . 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 (Definitions for ORS 87.501 to 87.542) to 87.542 (Priority of lien) . Notwithstanding ORS 87.507 (Perfecting lien) and 87.522 (Foreclosure of lien) , 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 (Definitions for ORS 87.501 to 87.542) .

Source: Section 87.503 — Lien for long term care; statement concerning lien to be given to care recipient , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 88.740 — OR Code / Title 9 / Chapter 88 / Section 88.740
88.740 Investment of surplus moneys in Oregon War Veterans’ Bond Sinking Account
Status: in_force

(1) The Department of Veterans’ Affairs is authorized, in whatever manner the department considers advisable and to the extent necessary to carry out the provisions of ORS 88.710 (“Lien” defined) to 88.740 (Investment of surplus moneys in Oregon War Veterans’ Bond Sinking Account) , to use the surplus moneys in the Oregon War Veterans’ Bond Sinking Account, other than the moneys therein which are derived from tax levies and sales of refunding bonds, that are earnings in excess of the amount required to amortize the bonded indebtedness incurred under the authority of Article XI-A, section 1, of the Oregon Constitution, and ORS chapter 407.

(2) The property acquired under ORS 88.710 (“Lien” defined) to 88.740 (Investment of surplus moneys in Oregon War Veterans’ Bond Sinking Account) shall represent an investment of the Oregon War Veterans’ Bond Sinking Account and all moneys received by the department from the sale, lease or other disposition of any property shall be deposited in the Oregon War Veterans’ Bond Sinking Account.

(3) The department may pay to the State Treasurer, to be deposited in the General Fund available for general governmental expenses:

(a) An amount equal to the balance owing on any existing real estate contract arising out of the sale of property by the department which was an investment of the General Fund pursuant to ORS 88.710 (“Lien” defined) to 88.740 (Investment of surplus moneys in Oregon War Veterans’ Bond Sinking Account) , and upon such payment the interest represented by the real estate contract shall represent an investment of the Oregon War Veterans’ Bond Sinking Account.

(b) An amount equal to the General Fund moneys expended for the acquisition of presently unsold properties pursuant to ORS 88.710 (“Lien” defined) to 88.740 (Investment of surplus moneys in Oregon War Veterans’ Bond Sinking Account) , and upon such payment the properties shall represent an investment of the Oregon War Veterans’ Bond Sinking Account. [1967 c.211 §8 (enacted in lieu of 88.730); 1987 c.652 §16; 2005 c.625 §69; 2019 c.223 §18]

Source: Section 88.740 — Investment of surplus moneys in Oregon War Veterans’ Bond Sinking Account , https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html (accessed May 26, 2025).
ORS § 87.050 — OR Code / Title 9 / Chapter 87 / Section 87.050
87.050 Recording
Status: in_force

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 (Short title) to 87.060 (Foreclosure) and 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner) 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]

Source: Section 87.050 — Recording , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.735 — OR Code / Title 9 / Chapter 87 / Section 87.735
87.735 Filing certificate of lien satisfaction upon payment for produce
Status: in_force

(1) When an agricultural producer receives full payment for agricultural produce, if the producer has filed a notice under ORS 87.710 (Filing notice of lien) (2) to extend a lien or under ORS 87.725 (Foreclosure) 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]

Source: Section 87.735 — Filing certificate of lien satisfaction upon payment for produce; liability of producer for failure to discharge lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.100 — OR Code / Title 9 / Chapter 86 / Section 86.100
86.100 Discharge of mortgage
Status: in_force

Any mortgage shall be discharged of record whenever there is presented to the recording officer a certificate executed by the mortgagee, or the personal representatives or assigns of the mortgagee, acknowledged or proved and certified as prescribed by law to entitle conveyances to be recorded, specifying that such mortgage has been paid or otherwise discharged. Every such certificate, and the proof or acknowledgment thereof, shall be recorded at full length. [Amended by 1965 c.252 §2]

Source: Section 86.100 — Discharge of mortgage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.276 — OR Code / Title 9 / Chapter 87 / Section 87.276
87.276 Evidence admissible
Status: in_force

(1) The court shall consider the petition filed under ORS 87.272 (Petition for foreclosure without suit) 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 (Show cause order) . The finding under this subsection is subject to dissolution upon hearing. [1975 c.648 §28]

Source: Section 87.276 — Evidence admissible; issuance of show cause order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.035 — OR Code / Title 9 / Chapter 87 / Section 87.035
87.035 Perfecting lien
Status: in_force

(1) Every person claiming a lien created under ORS 87.010 (Construction liens) (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 (Construction liens) 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 (Construction liens) 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 (False swearing) . [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]

Source: Section 87.035 — Perfecting lien; filing claim of lien; contents of claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.166 — OR Code / Title 9 / Chapter 86a / Section 86a.166
86A.166 Designation of principal place of business
Status: in_force

(1) Every licensed mortgage banker and mortgage broker shall designate and maintain a principal place of business for the transaction of business.

(2) If a licensed mortgage banker or mortgage broker intends to transact business at any place other than the principal place of business, the licensee shall notify the Director of the Department of Consumer and Business Services, in writing, not later than 30 days prior to opening another office. The notice shall contain the address of any other office. A copy of the license issued to the mortgage banker or mortgage broker shall be displayed in each place of business of the licensee.

(3) If there is any change among the members, officers, partners or directors of any licensee, the licensee shall notify the director within 30 days of the name, address and occupation of each new member, officer, partner or director and provide any other information the director may require.

(4) A mortgage banker or mortgage broker whose principal place of business is not in this state shall continuously maintain a registered agent in this state. The name and address of the agent shall be included in the application for a license. A mortgage banker or mortgage broker shall notify the director immediately of any change in the name or address of the registered agent.

(5) The registered agent of a mortgage banker or mortgage broker shall be an agent upon whom any process, notice or demand required or permitted by law to be served upon the mortgage banker or mortgage broker may be served. The director shall be an agent of a mortgage banker or mortgage broker if the mortgage banker or mortgage broker fails to appoint or maintain a registered agent in this state or the registered agent cannot with reasonable diligence be found. [Formerly 59.950]

Source: Section 86A.166 — Designation of principal place of business; other offices; change of personnel; registered agent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.262 — OR Code / Title 9 / Chapter 87 / Section 87.262
87.262 Foreclosure
Status: in_force

Except as provided in ORS 87.322 (Effect of prior security interest on foreclosure of nonpossessory lien for labor or material expended on chattel) , a lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) to 87.232 (Fishing lien and fish worker’s lien) 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 (Petition for foreclosure without suit) to 87.306 (Foreclosure by sale without suit) . If the lien has attached to proceeds under ORS 87.236 (Attachment of liens) , the lien must be foreclosed by suit. [1975 c.648 §25]

Source: Section 87.262 — Foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.215 — OR Code / Title 9 / Chapter 86a / Section 86a.215
86A.215 Education and testing requirements for license
Status: in_force

(1) An applicant for a mortgage loan originator’s license shall:

(a) Complete, at a minimum, 20 hours of an approved course of prelicensing education that, at a minimum, must include:

(A) Three hours devoted to federal laws and regulations;

(B) Three hours devoted to ethics, with instruction concerning fraud, consumer protection and fair lending; and

(C) Two hours devoted to lending standards applicable to nontraditional mortgages;

(b) Complete additional educational requirements as the Director of the Department of Consumer and Business Services may establish by rule, including on topics of implicit bias, including racial bias; and

(c) Pass a qualified written test with a score of 75 percent correct or better. The test must measure the applicant’s knowledge of:

(A) Ethics; and

(B) Federal and state laws, regulations and rules that apply to residential mortgage loan origination, including laws, regulations and rules that concern fraud, consumer protection, fair lending and nontraditional mortgages.

(2) For purposes of this section:

(a) An approved course of prelicensing education is a course that the Nationwide Mortgage Licensing System and Registry has reviewed and for which the Nationwide Mortgage Licensing System and Registry has approved the contents, provider, instructional standards and means and methods of delivery, using reasonable standards.

(b) A qualified written test is a test that the Nationwide Mortgage Licensing System and Registry develops and for which the Nationwide Mortgage Licensing System and Registry approves the test provider and method of test administration, using reasonable standards.

(3) The director shall accept for the purposes of the requirements set forth in subsection (1) of this section an approved course of prelicensing education that an applicant completed in another state.

(4) This section does not preclude:

(a) An applicant’s employer or a subsidiary, agent or affiliate of the employer from providing an approved course of prelicensing education; or

(b) An approved test provider from administering a qualified test at the business location of the applicant’s employer or an affiliate, subsidiary or agent of the employer or at the business location of a person with which the employer has an exclusive contractual arrangement related to mortgage loan origination.

(5) An applicant may take a qualified test four consecutive times, provided that each test administration occurs 30 days after a previous test administration. If the applicant fails the approved test four consecutive times, the applicant must wait at least six months before retaking the test. [2009 c.863 §5; 2021 c.506 §1]

Source: Section 86A.215 — Education and testing requirements for license; education and test providers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86.794 — OR Code / Title 9 / Chapter 86 / Section 86.794
86.794 Disposition of proceeds of sale
Status: in_force

The trustee shall apply the proceeds of the trustee’s sale as follows:

(1) To the expenses of the sale, including the compensation of the trustee, and a reasonable charge by the attorney.

(2) To the obligation secured by the trust deed.

(3) To all persons having recorded liens subsequent to the interest of the trustee in the trust deed as their interests may appear in the order of their priority.

(4) The surplus, if any, to the grantor of the trust deed or to the successor in interest of the grantor entitled to such surplus. [Formerly 86.765]

Source: Section 86.794 — Disposition of proceeds of sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.212 — OR Code / Title 9 / Chapter 87 / Section 87.212
87.212 Liability for improper sale of fungible chattels
Status: in_force

A person claiming a lien under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) 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]

Source: Section 87.212 — Liability for improper sale of fungible chattels , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.186 — OR Code / Title 9 / Chapter 87 / Section 87.186
87.186 Location of foreclosure sale
Status: in_force

Foreclosure of liens created by ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) 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]

Source: Section 87.186 — Location of foreclosure sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.803 — OR Code / Title 9 / Chapter 86 / Section 86.803
86.803 Recitals in trustee’s deed and certain affidavits as prima facie or conclusive evidence
Status: in_force

When the trustee’s deed is recorded in the deed records of the county or counties where the property described in the deed is situated, the recitals contained in the deed and in the affidavits required under ORS 86.774 (Service and publication of notice) (3) and (4) shall be prima facie evidence in any court of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them. [Formerly 86.780]

Source: Section 86.803 — Recitals in trustee’s deed and certain affidavits as prima facie or conclusive evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.050 — OR Code / Title 9 / Chapter 86 / Section 86.050
86.050 Payment of taxes and other charges by mortgagee
Status: in_force

Whenever a mortgagor fails to pay when due any taxes, assessments, interest on prior mortgages, insurance premiums or other charges necessary to be paid for the protection of the lien of a mortgagee, the mortgagee may pay the same, and such payments shall be added to the mortgage debt and secured by the mortgage held by the mortgagee, and shall bear interest at the same rate as specified in the mortgage. This section applies only to mortgages executed after June 3, 1929, and does not affect the right of parties to specifically contract otherwise than as provided in this section.

Source: Section 86.050 — Payment of taxes and other charges by mortgagee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.214 — OR Code / Title 9 / Chapter 86 / Section 86.214
86.214 Application of ORS 86.210 and 86.245 to real estate loan agreements
Status: in_force

To the extent not inconsistent with provisions of existing real estate loan agreements and provided such agreements are not silent with regard to a lender’s security protection provision, the provisions of ORS 86.210 (Types of lender security protection provisions allowed) , 86.245 (Interest on security protection deposits) and this section shall apply to real estate loan agreements entered into prior to, on and after October 1, 1987. To the extent that the provisions of existing real estate loan agreements are inconsistent with the provisions of ORS 86.210 (Types of lender security protection provisions allowed) , 86.245 (Interest on security protection deposits) and this section, the existing real estate loan agreements are silent as to a lender’s security protection provision, or any part of ORS 86.210 (Types of lender security protection provisions allowed) , 86.245 (Interest on security protection deposits) and this section is declared unconstitutional as to existing real estate loan agreements, the provisions of ORS 86.205 (Definitions for ORS 86.205 to 86.275) to 86.275 (Severability) (1985 Replacement Part) shall govern and be in full force and effect. [1987 c.577 §4]

Source: Section 86.214 — Application of ORS 86.210 and 86.245 to real estate loan agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.405 — OR Code / Title 9 / Chapter 86 / Section 86.405
86.405 Secretary of State to furnish statement of mortgages filed before September 1, 1963
Status: in_force

Upon the payment of a fee of 50 cents for each name to be searched for chattel mortgages filed under former ORS 86.370 or 86.390, prior to September 1, 1963, the Secretary of State shall furnish to any person applying therefor a statement of any mortgages noted on the indexes created under former ORS 86.380, or if no mortgages are noted, a statement to that effect. All such fees received by the Secretary of State shall be promptly paid to the State Treasurer and placed in the General Fund. [1961 c.726 §409]

Source: Section 86.405 — Secretary of State to furnish statement of mortgages filed before September 1, 1963; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.330 — OR Code / Title 9 / Chapter 86a / Section 86a.330
86A.330 Violations
Status: in_force

(1) If after conducting an investigation, the Director of the Department of Consumer and Business Services determines that a person that services a residential mortgage loan has violated ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) , a rule the director adopted or an order the director issued under ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) or another applicable law, the director may order the person to:

(a) Cease and desist from any act that constitutes a violation of ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) .

(b) Resolve any complaint the director received under ORS 86A.327 (Complaints) and pay the borrower that submitted the complaint any damages to which the borrower would be entitled under law.

(c) Pay a borrower any amount the person received from the borrower as compensation while engaging in any action that constituted a violation of ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) .

(2) Intentionally left blank —Ed.

(a) In addition to and not in lieu of any other penalty provided by law, the director may impose a civil penalty under ORS 183.745 (Civil penalty procedures) in an amount of not more than $5,000 for each instance in which a person violates, aids or abets another person in violating or procures a violation of ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) or an order the director issues under ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) .

(b) Each instance described in paragraph (a) of this subsection is a separate violation and each day in which a person engages in a continuous violation is a separate violation. The director may not impose a penalty that exceeds $20,000 for a continuous violation.

(3) The director may assess the costs of conducting an administrative proceeding under this section against the person that is the subject of the administrative proceeding or may include the costs of the administrative proceeding in any civil penalty the director imposes under this section.

(4) A person that is subject to a civil penalty under this section may appeal the penalty as provided in ORS chapter 183.

(5) The director shall deposit any amount the director receives under this section to the General Fund of the State Treasury. [2017 c.636 §11]

Source: Section 86A.330 — Violations; civil penalties; costs of investigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.700 — OR Code / Title 9 / Chapter 87 / Section 87.700
87.700 Definitions for ORS 87.228 and 87.700 to 87.736
Status: in_force

As used in ORS 87.228 (Effect on agricultural services lien when payment for produce is made prior to filing of lien claim) and 87.700 (Definitions for ORS 87.228 and 87.700 to 87.736) to 87.736 (Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735) , 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 (Definitions for ORS 571.510 to 571.580) .

(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 (Definitions) .

(4) “Person” means individual, corporation, partnership, association, joint stock company, 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 (General definitions) (2)(ii). [1973 c.647 §2; 1975 c.703 §6; 1999 c.612 §1; 2001 c.301 §10; 2005 c.657 §4; 2009 c.181 §105; 2009 c.294 §12]

Source: Section 87.700 — Definitions for ORS 87.228 and 87.700 to 87.736 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.083 — OR Code / Title 9 / Chapter 87 / Section 87.083
87.083 Foreclosure after filing of bond or deposit of money
Status: in_force

(1) A suit to foreclose a lien pursuant to ORS 87.060 (Foreclosure) that is commenced or pending after a bond is filed or money deposited under ORS 87.076 (Bond or deposit of money) shall proceed as if no filing or deposit was 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 is thereafter entirely free of the lien and is not involved in subsequent proceedings.

(2) The county or an officer or employee of the county may not be named or otherwise made a party to a suit described in subsection (1) of this section.

(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 allows the lien, the lien must be satisfied out of the bond or money. The court shall include as part of the court’s judgment an order that specifies the amount the treasurer must release to the judgment creditor and the amount of the remaining balance that the treasurer must release to the person who deposited the money.

(4) 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 the court’s judgment an order to return the bond or money to the person who filed the bond or deposited the money.

(5) Notwithstanding an order from the court under subsection (3) or (4) of this section or an order or notice under ORS 87.088 (Release of lien or return of money) , if the county treasurer is not certain about how to distribute money deposited under ORS 87.076 (Bond or deposit of money) , the treasurer shall notify the lien claimant and the person who deposited the money of how the treasurer intends to distribute the money. If within 10 days after the date of the treasurer’s notice a party to the suit to foreclose the lien objects to the notice, the treasurer may:

(a) Hold the money until the court or a stipulation of the parties provides further direction; or

(b) Commence an interpleader proceeding under ORCP 31. [1975 c.466 §20; 1987 c.662 §16; 2005 c.22 §55; 2009 c.513 §2]

Source: Section 87.083 — Foreclosure after filing of bond or deposit of money; effect of filing or deposit; disposition of bond or money , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.332 — OR Code / Title 9 / Chapter 87 / Section 87.332
87.332 Injury or removal of chattel subject to lien
Status: in_force

Except for a person holding a prior duly perfected security interest in a chattel subject to a lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) , any person to whom a notice of claim of lien has been given as provided in ORS 87.242 (Filing notice of claim of lien) , 87.252 (Notice to owner and holders of security interests) and 87.306 (Foreclosure by sale without suit) 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]

Source: Section 87.332 — Injury or removal of chattel subject to lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.613 — OR Code / Title 9 / Chapter 87 / Section 87.613
87.613 Notice of lien required
Status: in_force

In order to perfect the lien described in ORS 87.607 (Ambulance services lien) , 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]

Source: Section 87.613 — Notice of lien required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.333 — OR Code / Title 9 / Chapter 86a / Section 86a.333
86A.333 Additional duties of licensee
Status: in_force

(1) A licensee shall:

(a) Maintain, until a borrower repays or otherwise satisfies the borrower’s residential mortgage loan or until the licensee sells the residential mortgage loan, written or electronic records of each written request the borrower submits for information concerning a dispute or error in relation to the borrower’s account.

(b) Respond in writing not more than 15 days after receiving a written request for information from a borrower, if the borrower’s request includes the borrower’s name and account number, states that the account is or might be in error and describes the information the borrower seeks in sufficient detail to enable the licensee to comply with the request. In the response, the licensee, at a minimum, shall:

(A) State whether the account is current and, if the account is not current, the reasons why the account is not current, including the date on which any default occurred;

(B) State the current balance due on the borrower’s residential mortgage loan, including the amount of the principal due, the amount of funds the licensee holds in a suspense account, the balance in any escrow account the licensee maintains for the borrower and the amount of any deficiency in the escrow account of which the licensee is aware;

(C) List the name, address, telephone number and other contact information for the person that owns or holds the borrower’s residential mortgage loan, or an assignee of the person; and

(D) List the name, address, telephone number and any other contact information for a representative of the licensee from which the borrower can request further information or to which the borrower can direct complaints or disputes. The licensee’s representative must have sufficient information and authority to respond to the borrower’s requests, answer the borrower’s questions and resolve the borrower’s disputes with the licensee.

(c) Provide to the borrower, at the borrower’s request, one complete account history each year at no charge to the borrower.

(2) If a borrower requests further information about the borrower’s residential mortgage loan account from a licensee that is more detailed than the information the licensee provides in a statement under subsection (1) of this section, the licensee shall respond to the borrower not more than 15 business days after receiving the borrower’s request. The licensee may require the borrower to provide the borrower’s name and account number, state that the borrower’s account is or might be in error and describe the information the borrower seeks in sufficient detail to enable the licensee to respond. The licensee shall respond to a request for more detailed information about the borrower’s account with a written statement that:

(a) Identifies and itemizes for the two-year period before the date of the borrower’s request, or as much of the two-year period for which the licensee serviced the borrower’s residential mortgage loan, all fees and charges the licensee assessed for the residential mortgage loan, along with a full payment history that lists in conspicuous text all of the credits and debits to the account, all payments received from the borrower and the dates of the payments, all credits to and disbursements from any escrow or suspense account the licensee maintains for the borrower and any other activity in the borrower’s residential mortgage loan account; and

(b) Identifies any previous residential mortgage loan servicer for the borrower’s residential mortgage loan, if the licensee has serviced the residential mortgage loan for less than two years.

(3) If a licensee claims that a borrower owes any delinquent or outstanding amount on a borrower’s residential mortgage loan from a period before the licensee began servicing the residential mortgage loan or from more than the preceding two years, the licensee shall provide the borrower with a complete account history for the period beginning in the month during which the licensee claims that the borrower owes the delinquent or outstanding amount and ending on the date on which the licensee makes the claim. [2017 c.636 §12]

Source: Section 86A.333 — Additional duties of licensee; required response to borrower’s request for information; account history , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.196 — OR Code / Title 9 / Chapter 87 / Section 87.196
87.196 Notice of foreclosure sale to secured parties
Status: in_force

(1) Intentionally left blank —Ed.

(a) A lien claimant that forecloses by sale a lien created under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) shall give notice of the foreclosure sale by first class, registered or certified mail. The following apply:

(A) The lien claimant shall give notice to all persons that have filed a financing statement 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, to perfect a security interest in the chattel to be sold.

(B) Notwithstanding subparagraph (A) of this paragraph, 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 (Issuance and renewal of certificate) , for which the Department of Transportation has issued a certificate of title under ORS 803.045 (Issuance of title) , for which the State Marine Board requires a certificate of title under ORS 830.810 (Certificate of title) or for which the Oregon Department of Aviation requires a certificate of registration under ORS 837.040 (Persons required to register aircraft) , the lien claimant needs to give notice only to persons that the certificate of title or certificate of registration indicates have a security interest or lien in the chattel.

(C) The lien claimant shall give notice under this paragraph at least 30 days before the foreclosure sale, but if the lien claimant claims a lien under ORS 87.152 (Possessory lien for labor or material expended on chattel) , the lien claimant shall give the notice required by this subsection:

(i) Not later than the 20th day after the date on which the storage charges begin;

(ii) Not later than the 30th day after the date on which the services provided are completed, if no storage charges are imposed; or

(iii) At least 15 days before the foreclosure sale if the lien is for the cost of removing, towing or storing a vehicle that a person who holds a certificate issued under ORS 819.480 (Vehicle appraiser certificate) has appraised at a value of $1,000 or less.

(b) A lien claimant that gives notice of a foreclosure sale for chattel described in paragraph (a)(B) of this subsection shall include with the notice a copy of an invoice, work or repair order, authorization for towing, official form that authorizes a law enforcement agency to impound the chattel or any other record or document that is evidence of the basis for the lien.

(2) A person who is entitled to receive notice 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 the lien claimant actually incurs in foreclosing the lien claim. If the person does not discharge the lien before the day of the foreclosure sale, the foreclosure sale extinguishes the person’s security interest in the chattel even if the person does not receive notice under subsection (1) of this section.

(3) If a lien claimant does not give notice in accordance with subsection (1) of this section to a person that claims a security interest or lien on the chattel sold at a foreclosure sale, the lien claimant is liable to the person for a sum equal to the fair market value of the chattel sold at the foreclosure sale or the amount due to the 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 the sum and reasonable attorney fees 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; 2014 c.65 §2; 2017 c.17 §3]

Source: Section 87.196 — Notice of foreclosure sale to secured parties; effect of notice; effect of failure to give notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.175 — OR Code / Title 9 / Chapter 86 / Section 86.175
86.175 Scope
Status: in_force

ORS 86.160 (Definitions for ORS 86.160 to 86.185) to 86.185 (ORS 86.160 to 86.185 not applicable to certain loans) shall be applicable only to late charges on loans secured by residential real property. [1977 c.427 §4]

Source: Section 86.175 — Scope , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.018 — OR Code / Title 9 / Chapter 87 / Section 87.018
87.018 Delivery of notices
Status: in_force

(1) Except as provided in ORS 87.093 (Information Notice to Owner) , all notices required under ORS 87.001 (Short title) to 87.060 (Foreclosure) and 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner) must be in writing and be delivered in person or by registered or certified mail.

(2) A notice that must be given under ORS 87.001 (Short title) to 87.060 (Foreclosure) or 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner) to a mortgagee must be delivered to the mortgagee only if the name and address of the mortgagee appear in a mortgage of record or a trust deed of record as required under ORS 205.234 (Requirements for first page of instruments to be recorded) (1)(b) or in the instrument that assigns a mortgage or trust deed as required under ORS 205.234 (Requirements for first page of instruments to be recorded) (1)(g). [1975 c.466 §5; 1981 c.757 §2; 2007 c.648 §15; 2011 c.505 §2]

Source: Section 87.018 — Delivery of notices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.010 — OR Code / Title 9 / Chapter 87 / Section 87.010
87.010 Construction liens
Status: in_force

(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]

Source: Section 87.010 — Construction liens; who is entitled to lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.075 — OR Code / Title 9 / Chapter 87 / Section 87.075
87.075 Exemption of building materials from attachment by third persons
Status: in_force

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]

Source: Section 87.075 — Exemption of building materials from attachment by third persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.156 — OR Code / Title 9 / Chapter 87 / Section 87.156
87.156 Innkeeper’s lien
Status: in_force

(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) Intentionally left blank —Ed.

(a) The keeper may not retain prescription or nonprescription medications, medical equipment or apparatus, food 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; 2009 c.599 §16]

Source: Section 87.156 — Innkeeper’s lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.507 — OR Code / Title 9 / Chapter 87 / Section 87.507
87.507 Perfecting lien
Status: in_force

(1) In order to perfect a lien created by ORS 87.503 (Lien for long term care) , 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 (Definitions for ORS 87.501 to 87.542) to 87.542 (Priority of lien) 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 (Lien for long term care) . [1995 c.749 §3; 1997 c.744 §3]

Note: See note under 87.501 (Definitions for ORS 87.501 to 87.542) .

Source: Section 87.507 — Perfecting lien; notice of lien; serving notice of lien; time to perfect lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.324 — OR Code / Title 9 / Chapter 86a / Section 86a.324
86A.324 Duties of mortgage loan servicer
Status: in_force

(1) A person that services a residential mortgage loan shall:

(a) Assess any fee that the person may assess against a borrower within 45 days after the borrower incurs the fee.

(b) Explain to a borrower in clear language and conspicuous text the reason for any fee the person assesses against the borrower in a written statement that the person mails to the borrower at the borrower’s last-known address not more than 30 days after the person assesses the fee.

(c) Accept and credit, or treat as credited, to the borrower’s account all amounts the person receives at the address to which the borrower has been instructed to send payments on the borrower’s residential mortgage loan. The person must credit the payment, or treat the payment as credited, within one business day after receiving the payment if the borrower has provided sufficient information to credit the account. If the person uses the scheduled method of accounting and the person receives a regularly scheduled payment before the scheduled due date, the person shall credit the payment to the borrower’s account not later than the scheduled due date.

(d) Mail a written notice to a borrower at the borrower’s last-known address within 10 days after receiving a payment if the person did not credit the payment, or treat the payment as credited, to the borrower’s account. In the notice, the licensee shall clearly explain the reason why the licensee did not credit the payment and identify any action the borrower must take to properly credit the payment or otherwise make current the borrower’s account.

(e) Collect funds into an escrow account and make from the escrow account any payments that are due for property taxes, insurance and all other charges related to the real property that secures a residential mortgage loan, if the residential mortgage loan agreement requires the licensee to establish an escrow account and make payments from the escrow account. The person shall perform the person’s duties under this paragraph in a manner that ensures that the borrower is not subject to late fees, penalties or other negative consequences of a failure to make required payments on time. A person complies with the requirements of this section if the person complies with the Real Estate Settlement Procedures Act, 12 U.S.C. 2609.

(f) Make reasonable efforts to respond to a borrower’s request concerning the borrower’s residential mortgage loan account and to any dispute the borrower has with the person or that is related to the borrower’s residential mortgage loan account.

(g) Correct promptly any errors the person makes and refund promptly any fees the person assesses against the borrower in error.

(h) Provide to a borrower each year a written statement that specifies:

(A) Whether the account is current and, if the account is not current, the reasons why the account is not current, including the date on which any default occurred;

(B) The current balance due on the borrower’s residential mortgage loan, including the amount of the principal due, the amount of funds the person holds in a suspense account, the balance in any escrow account the person maintains for the borrower and the amount of any deficiency in the escrow account of which the person is aware;

(C) The name, address and other contact information for the individual or business entity that owns or holds the borrower’s residential mortgage loan, or an assignee of the individual or business entity; and

(D) The name, address, telephone number and any other contact information for a representative of the person from which the borrower can request information or to which the borrower can direct complaints or disputes. The person’s representative must have sufficient information and authority to respond to the borrower’s requests, answer the borrower’s questions and resolve the borrower’s disputes with the person.

(i) Include in each statement or notice the person mails or sends to the borrower under this subsection text that the Director of the Department of Consumer and Business Services prescribes by rule. The text must include contact information for the Department of Consumer and Business Services and must state clearly that, and how, the borrower may submit a complaint to the department concerning any conduct of the person that is unlawful.

(2) A person that services a residential mortgage loan may not, directly or indirectly:

(a) Employ any device, scheme or artifice to defraud another person;

(b) Knowingly make an untrue statement of a material fact or omit a material fact that is necessary to make the person’s statement true in light of the circumstances in which the person makes the statement;

(c) Engage in an act, practice or course of business that operates or that the person intends to operate as a fraud or deceit upon another person; or

(d) Make or file with the department, or cause to be made or filed with the department, a statement, report or document that the person knows is false in any material respect or manner. [2017 c.636 §9]

Source: Section 86A.324 — Duties of mortgage loan servicer; prohibited conduct; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.555 — OR Code / Title 9 / Chapter 87 / Section 87.555
87.555 Hospitals, physicians, physician assistants and nurse practitioners as lien claimants
Status: in_force

(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, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) 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, physician assistant or nurse practitioner 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, physician assistant or nurse practitioner 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, physician assistant or nurse practitioner shall have liens upon the amount payable under the insurance policy. If a hospital or physician, physician assistant or nurse practitioner has properly perfected a lien pursuant to ORS 87.565 (Notice of lien required) (2), the insurer obligated to make payment shall pay the sum due under the insurance policy directly to the hospital and physician, physician assistant or nurse practitioner 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, physicians, physician assistants and nurse practitioners 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, physicians, physician assistants or nurse practitioners and pay the hospitals, physicians, physician assistants or nurse practitioners in proportion to the amount due each for services rendered. [Amended by 1989 c.727 §1; 1999 c.146 §1; 2014 c.45 §5]

Source: Section 87.555 — Hospitals, physicians, physician assistants and nurse practitioners as lien claimants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.226 — OR Code / Title 9 / Chapter 87 / Section 87.226
87.226 Agricultural services lien
Status: in_force

(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]

Source: Section 87.226 — Agricultural services lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.039 — OR Code / Title 9 / Chapter 87 / Section 87.039
87.039 Notice of filing claim of lien
Status: in_force

(1) A person filing a claim of lien pursuant to ORS 87.035 (Perfecting lien) 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 (Notice to owners) 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 (Priority of perfected liens) 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 (Foreclosure) 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]

Source: Section 87.039 — Notice of filing claim of lien; effect of failure to give notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.392 — OR Code / Title 9 / Chapter 87 / Section 87.392
87.392 Priorities of liens
Status: in_force

(1) Except for any property tax liens, the lien created by ORS 87.352 (Mining labor and material lien) 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 (Mining labor and material lien) attached.

(2) Except for tax liens, assessment liens, construction liens and liens created by ORS 87.352 (Mining labor and material lien) and 87.356 (Lien for preparing land for irrigation or cultivation) , the lien created by ORS 87.362 (Irrigation power lien) 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 (Irrigation power lien) attached.

(3) Except that the lien created by ORS 87.356 (Lien for preparing land for irrigation or cultivation) is prior to the lien created by ORS 87.362 (Irrigation power lien) without regard to the date on which the lien created by ORS 87.362 (Irrigation power lien) attached to the land, the liens created by ORS 87.356 (Lien for preparing land for irrigation or cultivation) and 87.358 (Nurseryman’s lien) 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 (Lien for preparing land for irrigation or cultivation) and 87.358 (Nurseryman’s lien) .

(4) Notwithstanding subsection (2) of this section, a lien created by ORS 87.362 (Irrigation power lien) 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]

Source: Section 87.392 — Priorities of liens , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 88.110 — OR Code / Title 9 / Chapter 88 / Section 88.110
88.110 Duration of real property mortgage lien
Status: in_force

Except as provided in ORS 88.120 (When foreclosure not barred by ORS 88.110) , no mortgage upon real property shall be a lien upon such property after the expiration of 10 years from the later of the date of maturity of the mortgage debt, the expiration of the term of the mortgage debt or the date to which the payment thereof has been extended by agreement of record; and after such 10 years the mortgage shall be conclusively presumed paid and discharged, and no suit shall be maintainable for its foreclosure. If neither the date of maturity nor the term of the debt is disclosed by the recorded mortgage or recorded memorandum thereof, then the date of the execution of the recorded mortgage or recorded memorandum thereof shall be deemed the date of maturity and expiration of the term of the mortgage debt for purposes of this section. If the mortgage and a memorandum or memoranda thereof are of record and no date of maturity or statement of the term of the mortgage is contained in the mortgage or memoranda, then the date of execution of the earliest document of record shall be used to determine the date of maturity and the expiration of the term of the debt. [Amended by 1997 c.143 §1]

Source: Section 88.110 — Duration of real property mortgage lien; when suit for foreclosure barred , https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html (accessed May 26, 2025).
ORS § 87.485 — OR Code / Title 9 / Chapter 87 / Section 87.485
87.485 Attorney fees
Status: in_force

In suits to foreclose a lien created by ORS 87.445 (Lien upon actions and judgments) , 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]

Source: Section 87.485 — Attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.710 — OR Code / Title 9 / Chapter 87 / Section 87.710
87.710 Filing notice of lien
Status: in_force

(1) A lien created under ORS 87.705 (Agricultural produce lien) 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 (Filing notice of claim of lien) . 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 (Agricultural produce lien) by filing a notice of lien with the Secretary of State or by filing a notice of claim of lien under ORS 87.242 (Filing notice of claim of lien) . If a notice of lien is filed under this subsection, 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 (Agricultural produce lien) 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 (Computation of time) , for purposes of this section and ORS 87.730 (Expiration of lien for failure to bring timely foreclosure suit) and 87.735 (Filing certificate of lien satisfaction upon payment for produce) , if the last day of the period for performing an act is a Saturday, or a legal holiday as specified in ORS 187.010 (Legal holidays) and 187.020 (Additional legal holidays) , the period runs until the end of the next day that is not a Saturday or legal holiday. [1973 c.647 §4; 1975 c.648 §54; 1975 c.703 §7; 1999 c.612 §3; 2001 c.301 §12; 2011 c.359 §3]

Source: Section 87.710 — Filing notice of lien; duration of lien; contents of notice; notice to secured parties; effect of failure to give notice to secured parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.255 — OR Code / Title 9 / Chapter 86 / Section 86.255
86.255 Arrangements where security protection provisions not required
Status: in_force

In any real estate loan agreement with respect to which a lender does not require a lender’s security protection provision, the parties may mutually agree to any arrangement whereby the borrower prepays, pledges or otherwise commits assets in advance of due dates for payment of property taxes, insurance premiums and similar charges relating to the real property in order to assist the borrower in making timely payments of the charges. Prior to entering any such arrangement, the lender shall furnish the borrower a statement in writing, which may be set forth in the loan application:

(1) That the arrangement is not a condition to the real estate loan agreement;

(2) If it is an escrow account, whether or not the lender will pay interest and if interest is to be paid, the rate of interest; and

(3) Whether or not the borrower must pay the lender a charge for the service. If a charge is agreed to, the charge shall not exceed the amount of interest income earned under subsection (2) of this section. [1975 c.337 §10]

Source: Section 86.255 — Arrangements where security protection provisions not required; information to borrower , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 88.050 — OR Code / Title 9 / Chapter 88 / Section 88.050
88.050 Judgment foreclosing more than one lien on same property
Status: in_force

When it is adjudged that any of the defendants have a lien upon the property, the court shall make a like judgment in relation thereto, and the debt secured thereby, as if such defendant were a plaintiff in the suit. When a judgment is given foreclosing two or more liens upon the same property or any portion thereof in favor of different persons not united in interest, the judgment shall specify the order, according to their priority, in which the debts secured by such liens shall be satisfied out of the proceeds of the sale of the property. [Amended by 2003 c.576 §347]

Source: Section 88.050 — Judgment foreclosing more than one lien on same property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html (accessed May 26, 2025).
ORS § 86.774 — OR Code / Title 9 / Chapter 86 / Section 86.774
86.774 Service and publication of notice
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the notice prescribed in ORS 86.771 (Contents of notice of sale) must be served upon an occupant of the property described in the trust deed in the manner in which a summons is served pursuant to ORCP 7 D(2) and 7 D(3) at least 120 days before the day the trustee conducts the sale.

(b) Intentionally left blank —Ed.

(A) If service cannot be effected on an occupant as provided in paragraph (a) of this subsection on the first attempt, the person that attempts to effect service shall post a copy of the notice in a conspicuous place on the property on the date of the first attempt. The person that attempts to effect service shall make a second attempt to effect service on a day that is at least two days after the first attempt.

(B) If service cannot be effected on an occupant as provided in paragraph (a) of this subsection on the second attempt, the person that attempts to effect service shall post a copy of the notice in a conspicuous place on the property on the date of the second attempt. The person that attempts to effect service shall make a third attempt to effect service on a day that is at least two days after the second attempt.

(C) If service cannot be effected on an occupant as provided in paragraph (a) of this subsection on the third attempt, the person that attempts to effect service shall send a copy of the notice, bearing the word “occupant” as the addressee, to the property address by first class mail with postage prepaid.

(c) Service on an occupant is effected on the earlier of the date that notice is served as provided in paragraph (a) of this subsection or the first date on which notice is posted as described in paragraph (b)(A) of this subsection.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a copy of the notice of sale must be published in a newspaper of general circulation in each of the counties in which the property is situated once a week for four successive weeks. The last publication must be made more than 20 days prior to the date the trustee conducts the sale.

(b) The copy of the notice of sale required to be published under paragraph (a) of this subsection does not need to include the notice to tenants required under ORS 86.771 (Contents of notice of sale) (10).

(3) At or before the time the trustee conducts the sale, the trustee shall file for recording in the official record of the county or counties in which the property described in the deed is situated the following affidavits with respect to the notice of sale:

(a) An affidavit of mailing, if any;

(b) An affidavit of service, if any;

(c) An affidavit of service attempts and posting, if any; and

(d) An affidavit of publication.

(4) At or before the time the trustee conducts the sale, the trustee shall file for recording in the official record of the county or counties in which the property described in the deed is situated an affidavit of mailing with respect to the notice to the grantor required under ORS 86.756 (Notice to grantor) . [Formerly 86.750; 2014 c.36 §3]

Source: Section 86.774 — Service and publication of notice; recording proof of compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.623 — OR Code / Title 9 / Chapter 87 / Section 87.623
87.623 Notices recorded in lien docket
Status: in_force

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

Source: Section 87.623 — Notices recorded in lien docket , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.181 — OR Code / Title 9 / Chapter 87 / Section 87.181
87.181 Release of lien or return of money
Status: in_force

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 (Bond or deposit of money for lien for storage of chattel) (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 (Bond or deposit of money for lien for storage of chattel) .

Source: Section 87.181 — Release of lien or return of money , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.860 — OR Code / Title 9 / Chapter 87 / Section 87.860
87.860 Filing of claim of lien
Status: in_force

(1) The lien claimant under ORS 87.855 (Lien for contributions to employee benefit plan) (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]

Source: Section 87.860 — Filing of claim of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.710 — OR Code / Title 9 / Chapter 86 / Section 86.710
86.710 Trust deeds authorized to secure performance of obligation
Status: in_force

Transfers in trust of an interest in real property may be made to secure the performance of an obligation of a grantor, or any other person named in the deed, to a beneficiary. Where any transfer in trust of an interest in real property is made pursuant to the provisions of ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) to secure the performance of an obligation, a power of sale is conferred upon the trustee. The power of sale may be exercised after a breach of the obligation for which the transfer is security; and a trust deed, executed in conformity with ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) , may be foreclosed by advertisement and sale in the manner provided in ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) , or, at the option of the beneficiary, may be foreclosed by the beneficiary as provided by law for the foreclosure of mortgages on real property. [1959 c.625 §2; 1961 c.616 §2; 1965 c.457 §1; 1975 c.618 §2; 1979 c.879 §1; 1983 c.719 §2; 1987 c.480 §1]

Source: Section 86.710 — Trust deeds authorized to secure performance of obligation; methods of foreclosure after breach , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.183 — OR Code / Title 9 / Chapter 86a / Section 86a.183
86A.183 Prohibited conduct for mortgage bankers, mortgage brokers and mortgage loan originators
Status: in_force

(1) A mortgage banker, mortgage broker or mortgage loan originator may not:

(a) Engage in dishonest, fraudulent or illegal practices or conduct in a business or profession or engage in unfair or unethical practices or conduct in connection with the mortgage business.

(b) Willfully or repeatedly violate or fail to comply with a provision of ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) or 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) or a rule or order of the Director of the Department of Consumer and Business Services.

(c) Fail to account to persons interested for money or property received in connection with a mortgage loan.

(d) Fail to meet the training, education or continuing education requirements for mortgage loan originators set forth in ORS 86A.215 (Education and testing requirements for license) or 86A.221 (Continuing education requirements for mortgage loan originator) .

(e) Perform an act as a mortgage loan originator in a negligent or incompetent manner.

(2) An individual may not be employed by a mortgage banker or mortgage broker as a mortgage loan originator if:

(a) The individual was convicted of a crime or category of crime specified by the director by rule;

(b) The individual is suspended or has been prohibited from employment as a mortgage loan originator under ORS 86A.224 (Denying, suspending, conditioning, revoking or declining to renew license) ;

(c) The employment violates any conditions imposed under ORS 86A.224 (Denying, suspending, conditioning, revoking or declining to renew license) ; or

(d) The employment violates an order issued by the director, a state or federal agency or a court of competent jurisdiction. [Formerly 59.971]

Source: Section 86A.183 — Prohibited conduct for mortgage bankers, mortgage brokers and mortgage loan originators; conditions affecting employment of mortgage loan originators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.366 — OR Code / Title 9 / Chapter 87 / Section 87.366
87.366 Filing notice of claim of lien
Status: in_force

(1) A person claiming a lien created by ORS 87.352 (Mining labor and material lien) to 87.362 (Irrigation power lien) 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 (Mining labor and material lien) to 87.362 (Irrigation power lien) 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]

Source: Section 87.366 — Filing notice of claim of lien; contents of notice; effect of failure to file notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.744 — OR Code / Title 9 / Chapter 86 / Section 86.744
86.744 Foreclosure Avoidance Fund
Status: in_force

(1) The Foreclosure Avoidance Fund is established in the State Treasury, separate and distinct from the General Fund. The Foreclosure Avoidance Fund consists of moneys the Attorney General collects or receives for the purpose of paying the expenses of coordinating a program to implement the provisions of ORS 86.726 (Resolution conference for foreclosure) , 86.729 (Scheduling and notice for resolution conference) , 86.732 (Attendance at resolution conference) and 86.736 (Certificate of compliance) and to pay related expenses. The moneys in the fund are continuously appropriated to the Attorney General for the purposes of paying the expenses of coordinating a program to implement ORS 86.726 (Resolution conference for foreclosure) , 86.729 (Scheduling and notice for resolution conference) , 86.732 (Attendance at resolution conference) and 86.736 (Certificate of compliance) and paying related expenses.

(2) The Attorney General may receive moneys for the purposes set forth in subsection (1) of this section from any public or private source. [2012 c.112 §4; 2013 c.304 §8]

Source: Section 86.744 — Foreclosure Avoidance Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.242 — OR Code / Title 9 / Chapter 87 / Section 87.242
87.242 Filing notice of claim of lien
Status: in_force

(1) A person claiming a lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) , 87.222 (Logger’s, woodworker’s and timberland owner’s lien) or 87.232 (Fishing lien and fish worker’s lien) 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 (Agricultural services lien) 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 87.705 (Agricultural produce lien) shall file a written notice of claim of lien with the Secretary of State not later than 45 days after the close of the furnishing of the labor, services or materials. A person claiming a lien created by ORS 87.755 (Grain producer’s lien) shall file a written notice of claim of lien with the Secretary of State not later than 180 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 attestation under penalty of perjury 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 (Agricultural services lien) .

(3) If the person entitled to a lien under ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) to 87.232 (Fishing lien and fish worker’s lien) 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; 2007 c.71 §19; 2011 c.359 §1]

Source: Section 87.242 — Filing notice of claim of lien; filing deadline; contents of notice; effect of failure to file notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.160 — OR Code / Title 9 / Chapter 86 / Section 86.160
86.160 Definitions for ORS 86.160 to 86.185
Status: in_force

As used in ORS 86.160 (Definitions for ORS 86.160 to 86.185) to 86.185 (ORS 86.160 to 86.185 not applicable to certain loans) :

(1) “Late charge” means a sum payable by a mortgagor to the holder of a mortgage pursuant to a note or mortgage to compensate the holder for servicing and other costs attributable to the receipt of mortgage payments from the mortgagor after the date upon which payment is due.

(2) “Mortgagor” includes the grantor under a deed of trust.

(3) “Mortgage” includes a deed of trust.

(4) “Residential real property” means a single-family, owner-occupied dwelling and appurtenances. [1977 c.427 §1]

Source: Section 86.160 — Definitions for ORS 86.160 to 86.185 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.627 — OR Code / Title 9 / Chapter 87 / Section 87.627
87.627 Payment after notice of lien
Status: in_force

(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 (Notice of lien required) , 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 (Notice of lien required) , 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 (Definitions for ORS 87.603 to 87.633) to 87.633 (Foreclosure) against the insurer or health care service contractor. [1983 c.821 §7]

Source: Section 87.627 — Payment after notice of lien; liability to provider of services; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.151 — OR Code / Title 9 / Chapter 86a / Section 86a.151
86A.151 Liability of person that employs mortgage loan originator
Status: in_force

(1) A person that employs a mortgage loan originator or under the provisions of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) should employ a mortgage loan originator is liable as provided in subsection (2) of this section for an ascertainable loss of money or property, real or personal, in a residential mortgage transaction if the person engages in a residential mortgage transaction in which the person:

(a) Violates a provision of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) , except ORS 86A.236 (Prohibited activities) (11), or ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , except ORS 86A.115 (Grounds for denying, suspending, conditioning or revoking license) (4); or

(b)(A)(i) Makes an untrue statement of a material fact; or

(ii) Omits from a statement a material fact that would make the statement not misleading in light of the circumstances under which the person makes the statement; and

(B) Fails to prove that the person did not know, or in the exercise of reasonable care could not have known, of the untrue statement or omission.

(2) The person suffering ascertainable loss may recover damages in an amount equal to the ascertainable loss.

(3) A person whose sole function in connection with a residential mortgage transaction is to provide ministerial functions of escrow, custody or deposit services in accordance with applicable law is liable only if the person participates or materially aids in the residential mortgage transaction and the plaintiff sustains the burden of proof that the person knew of the existence of the facts on which liability is based or that the person’s failure to know of the existence of the facts was the result of the person’s recklessness or gross negligence.

(4) Except as otherwise provided in this subsection, an action or suit may not be commenced under this section more than three years after the residential mortgage transaction. An action under this section for a violation under subsection (1)(b) of this section or ORS 86A.154 (Fraud and deceit with respect to mortgage banker or mortgage broker business) may be commenced within three years after the residential mortgage transaction or two years after the person bringing the action discovered or should have discovered the facts on which the action is based, whichever is later, but not later than five years after the date of the residential mortgage transaction. Failure to commence an action on a timely basis is an affirmative defense.

(5) A person has a right of action under the corporate surety bond or irrevocable letter of credit required under ORS 86A.106 (Procedures for licensing) or 86A.227 (Corporate surety bond required) if the person:

(a) Initiates a mortgage banking loan or mortgage loan application; and

(b) Has a right of action against another person under this section.

(6) Subsection (3) of this section does not limit a person’s liability:

(a) For conduct other than in the circumstances described in subsection (3) of this section; or

(b) Under any other law.

(7) Except as provided in subsection (8) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(8) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (7) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [Formerly 59.925; 2011 c.9 §5]

Source: Section 86A.151 — Liability of person that employs mortgage loan originator; recovery of damages; limitations on proceeding; action against bond or letter of credit; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.386 — OR Code / Title 9 / Chapter 87 / Section 87.386
87.386 Costs and attorney fees in foreclosure
Status: in_force

(1) In suits to foreclose a lien created by ORS 87.352 (Mining labor and material lien) to 87.362 (Irrigation power lien) , 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 (Cost of preparing lien notice) .

(2) In suits to foreclose a lien created by ORS 87.352 (Mining labor and material lien) to 87.362 (Irrigation power lien) , 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]

Source: Section 87.386 — Costs and attorney fees in foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.296 — OR Code / Title 9 / Chapter 87 / Section 87.296
87.296 Waiver of right to hearing after issuance of show cause order
Status: in_force

If, after service of the order issued under ORS 87.288 (Show cause order) (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]

Source: Section 87.296 — Waiver of right to hearing after issuance of show cause order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.185 — OR Code / Title 9 / Chapter 86 / Section 86.185
86.185 ORS 86.160 to 86.185 not applicable to certain loans
Status: in_force

Nothing in ORS 86.160 (Definitions for ORS 86.160 to 86.185) to 86.185 (ORS 86.160 to 86.185 not applicable to certain loans) shall apply to loans insured, guaranteed or purchased by an instrumentality of the federal government, whose regulations establish late charge limitations. [1977 c.427 §6]

REAL ESTATE LOANS; SECURITY PROTECTION

Source: Section 86.185 — ORS 86.160 to 86.185 not applicable to certain loans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.748 — OR Code / Title 9 / Chapter 86 / Section 86.748
86.748 Determination of ineligibility for foreclosure avoidance measure
Status: in_force

(1) Intentionally left blank —Ed.

(a) Whether or not a beneficiary participates in a resolution conference under ORS 86.726 (Resolution conference for foreclosure) , if the beneficiary determines that a grantor of a residential trust deed is not eligible for a foreclosure avoidance measure or that the grantor has not complied with the terms of a foreclosure avoidance measure to which the grantor has agreed, the beneficiary shall mail a written notice to the grantor at all of the addresses for the grantor on file with the beneficiary, including post office boxes, within 10 days after making the determination.

(b) The notice described in paragraph (a) of this subsection must in plain language explain the basis for the beneficiary’s determination.

(c) This subsection does not impose an affirmative duty on the beneficiary to determine if a grantor is eligible for a foreclosure avoidance measure.

(2) At least five days before the trustee sells the property that is subject to foreclosure, the beneficiary shall record in the mortgage records in the county or in one of the counties in which the property is located an affidavit that states that the beneficiary has complied with the requirements set forth in subsection (1) of this section.

(3) Intentionally left blank —Ed.

(a) A beneficiary that fails to substantially comply with subsection (1)(b) of this section, or otherwise fails to comply with subsection (1)(a) or (2) of this section, is liable to the grantor in the amount of $500 plus the amount of the grantor’s actual damages for each failure.

(b) A grantor may bring an action against a beneficiary in a circuit court of this state to recover the amounts described in paragraph (a) of this subsection. The grantor shall commence the action within one year after the date on which the beneficiary should have complied, but did not comply, with the provisions of this section.

(c) Notwithstanding an agreement to the contrary, a court may award reasonable attorney fees, costs and disbursements to a grantor that obtains a final judgment in the grantor’s favor. [2012 c.112 §4a; 2013 c.304 §9; 2017 c.154 §2; 2017 c.251 §4]

Source: Section 86.748 — Determination of ineligibility for foreclosure avoidance measure; notice; recording; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.222 — OR Code / Title 9 / Chapter 87 / Section 87.222
87.222 Logger’s, woodworker’s and timberland owner’s lien
Status: in_force

(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]

Source: Section 87.222 — Logger’s, woodworker’s and timberland owner’s lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.617 — OR Code / Title 9 / Chapter 87 / Section 87.617
87.617 Form of notice
Status: in_force

The notice of lien required under ORS 87.613 (Notice of lien required) 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]

Source: Section 87.617 — Form of notice; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.687 — OR Code / Title 9 / Chapter 87 / Section 87.687
87.687 Self-service storage facility owner’s possessory lien
Status: in_force

(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 (Notice of foreclosure and sale) . 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]

Source: Section 87.687 — Self-service storage facility owner’s possessory lien; attachment of lien; priority of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.088 — OR Code / Title 9 / Chapter 87 / Section 87.088
87.088 Release of lien or return of money
Status: in_force

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 (Bond or deposit of money) shall return the money to the person who made the deposit if:

(1) The person who filed the bond or deposited the money under ORS 87.076 (Bond or deposit of money) notifies the lien claimant and the treasurer in writing and by certified mail that a suit to foreclose the lien was not commenced within the time specified by ORS 87.055 (Duration of lien) . The notice shall provide that the lien claimant has 15 calendar days in which to object to the release of the lien and the return of the money and to provide documentation that demonstrates that a suit was timely commenced or that the time for commencement has not expired. If the treasurer receives an objection, the treasurer may decide how to distribute the money or may commence an interpleader proceeding under ORCP 31.

(2) 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 the person.

(3) The person who filed 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; 2009 c.513 §3]

Source: Section 87.088 — Release of lien or return of money , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.142 — OR Code / Title 9 / Chapter 86a / Section 86a.142
86A.142 Judicial review of orders
Status: in_force

(1) A person aggrieved by an order of the Director of the Department of Consumer and Business Services which has been the subject of a timely application for hearing before the director shall be entitled to judicial review of the order under ORS chapter 183.

(2) A judgment of a reviewing court under ORS chapter 183 may not bar the director from thereafter vacating or modifying an order involved in the proceeding for review, or entering any new order, for a proper cause that was not decided by the reviewing court. [Formerly 59.910]

Source: Section 86A.142 — Judicial review of orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.306 — OR Code / Title 9 / Chapter 86a / Section 86a.306
86A.306 License requirement
Status: in_force

(1) A person may not directly or indirectly service a residential mortgage loan in this state unless the person obtains or renews a license under ORS 86A.309 (Application for license) .

(2) Subsection (1) of this section does not apply to:

(a) A person, or an affiliate of the person, that in all operations within the United States during the calendar year services fewer than 5,000 residential mortgage loans, excluding loans that the person or the person’s affiliate originates or owns.

(b) A financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) .

(c) A person that has obtained a license under ORS 725.140 (Issuance of license) .

(d) A financial holding company or bank holding company, both as defined in ORS 706.008 (Additional definitions for Bank Act) , if the financial holding company or bank holding company does not do more than control an affiliate or a subsidiary, as defined in 12 U.S.C. 1841(d), and does not engage in business as a residential mortgage loan servicer.

(e) An attorney who is licensed or otherwise authorized to practice law in this state if the attorney:

(A) Services a residential mortgage loan as an ancillary matter while representing a client; and

(B) Does not receive compensation from a residential mortgage loan servicer.

(f) An agency or instrumentality of this state or the United States.

(g) A housing finance agency, as defined in 24 C.F.R. 266.5.

(h) An institution that the Farm Credit Administration regulates.

(i) A person that the Director of the Department of Consumer and Business Services designates by rule or order as exempt, including but not limited to a nonprofit organization that promotes affordable housing or financing.

(3) Notwithstanding subsection (2) of this section, the director may require any person to obtain a license under ORS 86A.309 (Application for license) before servicing a residential mortgage loan if the director determines that the person has violated state or federal law or has engaged in a course of dealing that is fraudulent, deceptive or dishonest.

(4) Intentionally left blank —Ed.

(a) If the director reasonably believes that a person is subject to ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) or is engaging in or is about to engage in an act or practice that constitutes servicing a residential mortgage loan in this state without first obtaining a license as provided in subsection (1) of this section, the director may:

(A) Order the person to:

(i) Cease and desist from the act or practice; or

(ii) Affirmatively perform an act; or

(B) Apply to a circuit court of this state to enjoin the person from engaging in the act or practice.

(b) The director shall state in reasonable detail the facts on which the director bases an order under paragraph (a)(A) of this subsection.

(c) If a person that is subject to an order under paragraph (a)(A) of this subsection requests a hearing, the director shall schedule and give notice of a hearing in accordance with ORS chapter 183. If the person does not request a hearing, the director’s order becomes final 30 days after the date of the order.

(5) Notwithstanding ORS 86A.175 (Servicing or collecting mortgage banking loan or mortgage loan by mortgage banker or mortgage broker) (2), the director shall regulate mortgage servicers under ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) , including mortgage servicers that hold other licenses the director issued. [2017 c.636 §3]

Source: Section 86A.306 — License requirement; applicability; exceptions; enforcement; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.306 — OR Code / Title 9 / Chapter 87 / Section 87.306
87.306 Foreclosure by sale without suit
Status: in_force

(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 (Waiver of right to hearing before filing of petition) , 87.296 (Waiver of right to hearing after issuance of show cause order) or 87.302 (Authority of court on sustaining validity of lien claim) 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 (Definitions for ORS 193.010 and 193.020) , 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 (Definitions for ORS 193.010 and 193.020) , 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]

Source: Section 87.306 — Foreclosure by sale without suit; notice of sale to secured parties; public notice of sale by sheriff , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.480 — OR Code / Title 9 / Chapter 87 / Section 87.480
87.480 Attorney’s right and power over actions and judgments
Status: in_force

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]

Source: Section 87.480 — Attorney’s right and power over actions and judgments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.362 — OR Code / Title 9 / Chapter 87 / Section 87.362
87.362 Irrigation power lien
Status: in_force

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]

Source: Section 87.362 — Irrigation power lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.821 — OR Code / Title 9 / Chapter 87 / Section 87.821
87.821 Filing and indexing fee
Status: in_force

(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 (Fees collected by county clerk) , 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]

Source: Section 87.821 — Filing and indexing fee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.321 — OR Code / Title 9 / Chapter 86a / Section 86a.321
86A.321 Director’s supervisory authority
Status: in_force

(1) The Director of the Department of Consumer and Business Services has general supervisory authority over:

(a) Each licensee in this state;

(b) Any person that services a residential mortgage loan in this state, if the person is subject to ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) or if the director required the person to obtain a license under ORS 86A.306 (License requirement) (3); and

(c) Any person that had a license that the director withdrew, canceled, suspended, conditioned or revoked, if the person continues to service a residential mortgage loan.

(2) Intentionally left blank —Ed.

(a) The authority described in subsection (1) of this section includes the authority to examine a licensee or a person described in subsection (1) of this section at any time.

(b) The director may charge and collect from a licensee or a person the director examines under this section the costs the director incurs in conducting the examination.

(3) In order to carry out an examination under this section, the director may:

(a) Retain attorneys, accountants or other professionals and specialists as examiners, auditor or investigators.

(b) Enter into agreements or relationships with other government officials or regulatory associations to share resources, use and create standardized methods, procedures, documents, databases, records, information or evidence or to reduce the director’s regulatory burden or improve efficiency.

(c) Participate in multistate examinations that the Conference of State Bank Supervisors or the federal Consumer Financial Protection Bureau schedules and conducts. In conducting an examination under this paragraph, the director shall follow the protocol that the conference or bureau establishes for the examination.

(d) Accept and rely on examination or investigation reports from other government officials in this or another state.

(4) Books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information, material or evidence the director obtains in an examination under this section is confidential and subject to the provisions of ORS 705.137 (Information that is confidential or not subject to disclosure) , except that a borrower may request to inspect material related to the borrower’s residential mortgage loan that the director by rule specifies is available for inspection. The director shall authenticate the borrower’s identity before disclosing any material to the borrower. [2017 c.636 §8]

Source: Section 86A.321 — Director’s supervisory authority; examinations; confidentiality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.352 — OR Code / Title 9 / Chapter 87 / Section 87.352
87.352 Mining labor and material lien
Status: in_force

(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]

Source: Section 87.352 — Mining labor and material lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.127 — OR Code / Title 9 / Chapter 86a / Section 86a.127
86A.127 Investigations
Status: in_force

The Director of the Department of Consumer and Business Services:

(1) May make such public or private investigations within or outside this state as the director deems necessary to determine whether a person has violated any provision of ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) or any rule or order of the director, or to aid in the enforcement of ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) or in the formulation of rules and forms thereunder;

(2) May require or permit a person to file a statement in writing, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated;

(3) May publish information concerning any violation under this section or ORS 86A.130 (Enjoining violations) , 86A.990 (Criminal penalties for violations of ORS 86A.095 to 86A.198) or 86A.992 (Civil penalties for violations of ORS 86A.095 to 86A.198) or any rule or order of the director after an action taken under this section or ORS 86A.130 (Enjoining violations) , 86A.990 (Criminal penalties for violations of ORS 86A.095 to 86A.198) or 86A.992 (Civil penalties for violations of ORS 86A.095 to 86A.198) ; and

(4) If the director has reasonable cause to believe that any person has been engaged, is engaging or is about to engage in any violation of any provision of ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , may issue an order, subject to ORS 86A.139 (Notice of orders) , directed to the person, and to any other person directly or indirectly controlling the person, to cease and desist from the violation or threatened violation. [Formerly 59.885]

Source: Section 86A.127 — Investigations; publicity with respect to violations; cease and desist order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.176 — OR Code / Title 9 / Chapter 87 / Section 87.176
87.176 Fees for storage of chattel
Status: in_force

(1) When the lien claimed under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) 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 (Notice of foreclosure sale to secured parties) . The claimant shall transmit the notice by certified mail. A person notified under ORS 87.196 (Notice of foreclosure sale to secured parties) 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 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) 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 (Notice of foreclosure sale to secured parties) . The claimant shall transmit the notice by certified mail. A person notified under ORS 87.196 (Notice of foreclosure sale to secured parties) 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]

Source: Section 87.176 — Fees for storage of chattel; notice to lien debtor; effect of failure to comply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.166 — OR Code / Title 9 / Chapter 87 / Section 87.166
87.166 Attachment of liens
Status: in_force

(1) Except as provided in subsection (2) of this section, the liens created by ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) 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 (Landlord’s lien) 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 (Landlord’s lien) 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]

Source: Section 87.166 — Attachment of liens , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.010 — OR Code / Title 9 / Chapter 86 / Section 86.010
86.010 Nature of mortgagee’s interest
Status: in_force

A mortgage of real property is not a conveyance so as to enable the owner of the mortgage to recover possession of the property without a foreclosure and sale. This section is not intended as a limitation upon the right of the owner of real property to mortgage or pledge the rents and profits thereof, nor as prohibiting the mortgagee or pledgee of such rents and profits, or any trustee under a mortgage or trust deed from entering into possession of any real property, other than farmlands or the homestead of the mortgagor or successor in interest, for the purpose of operating the same and collecting the rents and profits thereof for application in accordance with the provisions of the mortgage or trust deed or other instrument creating the lien, nor as any limitation upon the power of a court of equity to appoint a receiver to take charge of the property and collect the rents and profits thereof.

Source: Section 86.010 — Nature of mortgagee’s interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.772 — OR Code / Title 9 / Chapter 87 / Section 87.772
87.772 Expiration of lien for failure to bring timely foreclosure action
Status: in_force

(1) A lien created under ORS 87.755 (Grain producer’s lien) (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 (Filing notice of lien) , no later than 18 months after the date the lien attaches.

(2) Regardless of whether the lien created under ORS 87.755 (Grain producer’s lien) (1) has been extended by filing and giving notice under ORS 87.762 (Filing notice of lien) , 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 (Definitions for ORS 87.750 to 87.777) to 87.777 (Filing certificate of lien satisfaction upon payment for grain) , 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]

Source: Section 87.772 — Expiration of lien for failure to bring timely foreclosure action; manner of foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.736 — OR Code / Title 9 / Chapter 86 / Section 86.736
86.736 Certificate of compliance
Status: in_force

(1) Intentionally left blank —Ed.

(a) The service provider shall issue, within five days after receiving a report from a facilitator under ORS 86.732 (Attendance at resolution conference) (4), a certificate of compliance to a beneficiary that:

(A) Complied with ORS 86.726 (Resolution conference for foreclosure) , 86.729 (Scheduling and notice for resolution conference) and 86.732 (Attendance at resolution conference) ;

(B) Submitted the materials required under ORS 86.729 (Scheduling and notice for resolution conference) (4) to the service provider;

(C) Appeared in person or by remote audio or video communication at, or sent an agent in person or by remote audio or video communication to, the resolution conference with complete authority to negotiate on the beneficiary’s behalf and commit the beneficiary to a foreclosure avoidance measure or, if the beneficiary or agent did not have complete authority, required the participation by remote audio or video communication of a person with complete authority to negotiate on the beneficiary’s behalf and commit the beneficiary to a foreclosure avoidance measure; and

(D) Signed a document that sets forth the terms of any foreclosure avoidance measure to which the beneficiary and the grantor agreed.

(b) A certificate of compliance expires one year after the date on which the service provider issues the certificate of compliance under paragraph (a) of this subsection.

(c) The service provider shall notify a beneficiary that failed to meet a requirement to which the beneficiary was subject under ORS 86.726 (Resolution conference for foreclosure) , 86.729 (Scheduling and notice for resolution conference) or 86.732 (Attendance at resolution conference) that the service provider will not issue a certificate of compliance, explaining in the notice why the service provider will not issue the certificate of compliance. The service provider shall provide a copy of the notice under this paragraph to the grantor and to the Attorney General.

(2) Notwithstanding the requirements set forth in subsection (1) of this section, if a service provider cancels a resolution conference under ORS 86.729 (Scheduling and notice for resolution conference) (5)(b), the service provider shall issue a certificate of compliance to the beneficiary within five days after canceling the resolution conference. [2013 c.304 §5; 2021 c.106 §10]

Source: Section 86.736 — Certificate of compliance; expiration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.136 — OR Code / Title 9 / Chapter 86a / Section 86a.136
86A.136 Rules
Status: in_force

(1) In accordance with this section and ORS chapter 183, the Director of the Department of Consumer and Business Services may from time to time make, amend and rescind such rules as are necessary to carry out the provisions of ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , including but not limited to rules governing the activities of mortgage loan originators, mortgage bankers and mortgage brokers and rules governing the purchase or sale of mortgage banking loans, mortgage loans or real estate paper in coordination with applicable provisions of ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies) , 59.710 (Definitions for ORS 59.710 to 59.830) to 59.830 (Self-incrimination by witness) , 59.991 (Criminal penalties for ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995) and 59.995 (Civil penalties for ORS 59.005 to 59.505, 59.710 to 59.830 and 59.991) and rules adopted under the applicable provisions.

(2) A financial statement required under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) must be prepared in accordance with generally accepted accounting principles. The director may by rule prescribe:

(a) The form and content of financial statements required under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) ;

(b) The circumstances under which consolidated financial statements must be filed; and

(c) Whether any required financial statements must be certified by independent or certified public accountants. [Formerly 59.900]

Source: Section 86A.136 — Rules; financial statements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.045 — OR Code / Title 9 / Chapter 87 / Section 87.045
87.045 Completion date of improvement
Status: in_force

(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 (Perfecting lien) .

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 (Recording) .

(4) Anyone claiming a lien created under ORS 87.010 (Construction liens) 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 (Perfecting lien) .

(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 (Perfecting lien) .

(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]

Source: Section 87.045 — Completion date of improvement; notice of completion, abandonment or nonabandonment; contents of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.202 — OR Code / Title 9 / Chapter 87 / Section 87.202
87.202 Statement of account of foreclosure sale
Status: in_force

(1) A person that forecloses a lien created under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) by sale shall file a statement of account that the person verifies by oath with the recording officer of the county in which the sale took place if:

(a) The chattel sold at the foreclosure sale has a fair market value of $1,000 or more; or

(b) The chattel sold at the foreclosure sale is an animal that bears 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 show:

(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 that received proceeds from the foreclosure sale as described in ORS 87.206 (Disposition of proceeds of foreclosure sale) and the amount each person received.

(3) A person that files a statement of account under this section shall send a copy of the statement by registered or certified mail to the last-known address of the owner of the chattel sold at the foreclosure sale. If the chattel sold at a foreclosure sale is an animal that bears a brand or other mark recorded with the State Department of Agriculture under ORS chapter 604, a person that files 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; 2013 c.206 §1]

Source: Section 87.202 — Statement of account of foreclosure sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).