ORS § 86a.339 — OR Code / Title 9 / Chapter 86a / Section 86a.339
86A.339 Additional duties of mortgage loan servicer
Status: in_force

(1) A person that performs a residential mortgage loan modification service for compensation or gain shall:

(a) Comply with all applicable state and federal laws;

(b) Provide the borrower with a summary of the material terms of any agreement under which the licensee provides services related to a modification of the borrower’s residential mortgage loan; and

(c) Inform the borrower immediately in writing if:

(A) The owner of the residential mortgage loan needs additional information to process or consider the request; or

(B) The owner of the residential mortgage loan will not consider a modification of the terms.

(2) A person that performs a residential mortgage loan modification service for compensation or gain may not:

(a) Charge a fee before providing the service for which the person charges the fee;

(b) Charge a fee that is not reasonable or that exceeds the usual and customary fees for the service the person provides; or

(c) Require or encourage a borrower, as a condition of modifying the terms of a residential mortgage loan or providing a service related to modifying the terms of a residential mortgage loan, to:

(A) Waive the borrower’s:

(i) Legal defenses, available counterclaims or other legal rights against the person;

(ii) Right to contest a foreclosure; or

(iii) Right to receive notice before a foreclosure proceeding begins;

(B) Pay a fee, charge or assessment for which the residential mortgage loan agreement, a servicing agreement or a related agreement does not provide; or

(C) Cease communications with the person, the trustee or beneficiary in a trust deed, the owner or a servicer of the borrower’s residential mortgage loan or any other person with which the borrower has the right or duty to communicate concerning the residential mortgage loan.

(3) A person that does not comply with subsection (1) of this section or that engages in conduct that is prohibited under subsection (2)(a) or (b) of this section violates ORS 86A.154 (Fraud and deceit with respect to mortgage banker or mortgage broker business) . [2017 c.636 §14]

Source: Section 86A.339 — Additional duties of mortgage loan servicer; prohibited practices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86.767 — OR Code / Title 9 / Chapter 86 / Section 86.767
86.767 Failure to give notice of sale
Status: in_force

(1) If the trustee fails to give notice of the sale to a person entitled to notice under ORS 86.764 (Notice of sale for certain persons) (2)(c), and the person did not have actual notice of the sale at least 25 days before the date on which the trustee conducted the sale, the omitted person has the same rights that the holder of a junior lien or interest who was omitted as a party defendant in a judicial foreclosure proceeding possesses, and the purchaser at the trustee’s sale or the purchaser’s heirs, assigns or transferees, have the same rights that a purchaser at a sheriff’s sale following a judicial foreclosure possesses.

(2) The omitted person may also commence an action against the trustee in the circuit court in the county where the real property is located. In an action against the trustee, the omitted person is entitled to damages if the omitted person proves that:

(a) The trustee did not give notice of the sale to the omitted person in the manner required by ORS 86.764 (Notice of sale for certain persons) (2)(c) and 86.774 (Service and publication of notice) ;

(b) A search of the record under the name of the grantor as the grantor’s name appears on the trust deed, or as the name of the grantor’s successor in interest appears, would have revealed the omitted person’s interest;

(c) The omitted person could and would have cured the default under ORS 86.778 (Discontinuance of foreclosure proceedings after cure of default) ; and

(d) The omitted person sustained actual damages as a result of the person’s loss of the opportunity to cure the default under ORS 86.778 (Discontinuance of foreclosure proceedings after cure of default) (1).

(3) In an action against the trustee under subsection (2) of this section, a defendant or third party defendant may move for dismissal on the ground that the omitted person would not or could not have cured the default and reinstated the trust deed if the omitted person had received the notice required by ORS 86.764 (Notice of sale for certain persons) (2)(c). The court shall hold a hearing on the motion before a hearing on a motion for summary judgment, and before trying the action. The court shall deny the motion only if the omitted person produces affidavits or other evidence sufficient for a reasonable jury to find, applying a standard of clear and convincing evidence, that the omitted person had the financial ability to cure the default under ORS 86.778 (Discontinuance of foreclosure proceedings after cure of default) before the date of the trustee’s sale, and that the omitted person would have done so had the omitted person received the notice required by ORS 86.764 (Notice of sale for certain persons) (2)(c). If the court grants the motion to dismiss, the court shall award attorney fees under subsection (5) of this section.

(4) In an action against the trustee or another party under this section the omitted person shall plead that the omitted person did not have actual knowledge of the sale at least 25 days prior to the date the trustee conducted the sale, but thereafter the defendant has the burden of proving that the omitted person did have notice.

(5) In an action brought under this section, the applicable court may, upon entering judgment, allow to the prevailing party as a part of the costs a reasonable amount for attorney fees at trial and on appeal.

(6) The remedies described in subsections (1) to (5) of this section are the sole remedies available to a person entitled to notice of foreclosure by advertisement and sale under ORS 86.764 (Notice of sale for certain persons) (2)(c), who failed to receive notice. The person’s failure to redeem or to commence an action against the trustee within five years of the date of a trustee’s sale under ORS 86.782 (Sale of property) bars any action under this section or any other applicable law. [Formerly 86.742]

Source: Section 86.767 — Failure to give notice of sale; action by omitted person; defense; pleading and proving knowledge of sale; attorney fees; exclusive remedy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.460 — OR Code / Title 9 / Chapter 87 / Section 87.460
87.460 Filing of notice of claim of lien on judgment for possession of real property
Status: in_force

(1) When an attorney or other member of the Oregon State Bar licensed to practice law claims a lien under ORS 87.445 (Lien upon actions and judgments) , if the judgment is for the possession, award or conveyance of real property, the attorney or member must file a notice of claim of lien not later than six months after entry of the judgment and disposition of any appeal of the judgment. The notice shall be filed with the recording officer of the county in which the real property, or any part of it, is situated. The recording officer of a county shall record the notices filed under this section in a book that shall be indexed in the same manner as the record of deeds and mortgages.

(2) Except as provided in subsection (3) of this section, a lien under ORS 87.445 (Lien upon actions and judgments) upon a judgment for the possession, award or conveyance of real property must be foreclosed in the manner provided in ORS chapter 88, not later than one year after the notice of claim of lien is filed under subsection (1) of this section.

(3) An attorney or member and the client of the attorney or member may, by agreement, in writing, extend the period of time within which a lien created by ORS 87.445 (Lien upon actions and judgments) must be foreclosed to two years after the notice of claim of lien is filed. An agreement to extend a foreclosure period under this subsection shall contain the time and place of the filing of the notice of claim of lien by the attorney or member and shall be filed with the recording officer with whom the notice of claim of lien was filed. [1975 c.648 §62 (enacted in lieu of 87.495); 2003 c.576 §340; 2023 c.72 §43]

Source: Section 87.460 — Filing of notice of claim of lien on judgment for possession of real property; recording; foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.539 — OR Code / Title 9 / Chapter 87 / Section 87.539
87.539 Discharge or release of lien claim
Status: in_force

(1) When a long term care facility receives payment from an individual, an individual’s estate, the State of Oregon or any other source for the care claimed in a notice of lien filed under ORS 87.507 (Perfecting lien) , the long term care facility shall file with the recording officer of the county in which the notice of lien was filed a certificate declaring that payment has been received and that the lien is discharged.

(2) Within 20 days after being notified that the individual is eligible for Medicaid, the long term care facility shall file with the recording officer of the county in which the notice of lien was filed a certificate releasing the claim of lien upon any property protected under ORS 87.533 (Assets and income that are exempt from lien) .

(3) The recording officer of the county shall record the certificate of discharge or release in the statutory lien record.

(4) If, after receiving payment for the care claimed in a notice of lien filed under ORS 87.507 (Perfecting lien) , a long term care facility fails to discharge the lien or release the claim of lien within 10 days, the long term care facility is liable to the individual or to the spouse or the estate of the individual for $100 or the amount of actual damages, whichever amount is greater.

(5) In all actions brought under this section, the court may allow reasonable attorney fees at trial and on appeal to the prevailing party. [1995 c.749 §10; 1997 c.744 §10; 2009 c.628 §5]

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

Source: Section 87.539 — Discharge or release of lien claim; recordation; penalty for failure to discharge or release lien claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.470 — OR Code / Title 9 / Chapter 87 / Section 87.470
87.470 Contents of notice of claim of lien
Status: in_force

The notice of claim of lien required under ORS 87.450 (Filing notice of claim of lien on judgment for sum of money) to 87.460 (Filing of notice of claim of lien on judgment for possession of real property) shall be a statement in writing verified by the oath of the attorney and must contain:

(1) A statement of the attorney’s demand, including the amount of the fee or compensation of the attorney;

(2) The name of the case in which the judgment was entered, the date on which the judgment was entered in the register, and a description of the real or personal property which is to be awarded, transferred or conveyed to the client under the judgment;

(3) 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 claim of lien; and

(4) The date on which payment was due to the attorney for professional services to the client. [1975 c.648 §64 (enacted in lieu of 87.495); 2003 c.576 §189]

Source: Section 87.470 — Contents of notice of claim of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.762 — OR Code / Title 9 / Chapter 87 / Section 87.762
87.762 Filing notice of lien
Status: in_force

(1) A lien created under ORS 87.755 (Grain producer’s lien) expires no later than the end of the 180th day after the date the lien attaches, unless the agricultural producer extends the lien by filing a notice of lien as provided in this section or by filing a notice of claim of lien under ORS 87.242 (Filing notice of claim of lien) . If the agricultural producer extends the lien, the lien expires no later than 18 months after the date the lien attaches.

(2) At any time prior to expiration of the initial lien period, an agricultural producer may extend a lien created under ORS 87.755 (Grain producer’s 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 notice must be supported by affidavit and contain:

(a) A true statement of the demand of the agricultural producer after deducting all credits and offsets;

(b) The name of the person that purchased the grain from the producer;

(c) A description of the grain 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 filing the notice of lien;

(e) The date 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 inventory of the purchaser or the proceeds from the sale of the inventory. The notice to the secured parties must provide the same information contained in the notice 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 87.755 (Grain producer’s lien) becomes subordinate to that person’s perfected security interest in the inventory or proceeds of the purchaser.

(5) Notwithstanding ORS 174.120 (Computation of time) , for purposes of this section and ORS 87.772 (Expiration of lien for failure to bring timely foreclosure action) and 87.777 (Filing certificate of lien satisfaction upon payment for grain) , 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. [1981 c.446 §4; 2001 c.301 §19; 2011 c.359 §5]

Source: Section 87.762 — Filing notice of lien; duration of lien; contents of notice; notice to secured parties; effect of failure to give notice to secured parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.177 — OR Code / Title 9 / Chapter 87 / Section 87.177
87.177 Bond or deposit of money for lien for storage of chattel
Status: in_force

(1) When a 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 and the amount of the lien claimed is $750 or more, the lien debtor, or any other interested person, may file with the recording officer of the county in which the lien claimant obtained possession of the chattel subject to the lien from the lien debtor a bond executed by a corporation authorized to issue surety bonds in the State of Oregon to the effect that the principal or principals on the bond shall pay the amount of the claim and all costs and attorney fees that are awarded against the chattel on account of the lien. The bond shall be in an amount not less than 200 percent of the amount claimed under the lien for the storage of the chattel.

(2) Intentionally left blank —Ed.

(a) In lieu of the surety bond provided for in subsection (1) of this section, when a 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 and the amount of the lien claimed is $750 or more, the lien debtor, or any other interested person, may deposit with the treasurer of the county in which the lien claimant obtained possession of the chattel subject to the lien from the lien debtor a sum of money or its equivalent equal in value to 200 percent of the amount claimed under the lien for the storage of the chattel.

(b) The court in which any proceeding to foreclose the lien for the storage of the chattel may be brought may, upon notice and upon motion by a person who makes a deposit under paragraph (a) of this subsection, order the money invested in such manner as the court may direct. A person who makes a deposit under paragraph (a) of this subsection shall be entitled to any income from the investments and the treasurer of the county shall pay the income when received to the depositor without order.

(3) A bond or money may be filed or deposited under subsection (1) or (2) of this section at any time after a lien for the storage of a chattel is claimed under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) and the amount of the lien claimed is $750 or more.

(4) A person who files a bond or deposits money under subsections (1) to (3) of this section shall cause to be served upon the lien claimant a notice of the filing or deposit. If the person files a bond, the notice shall include a copy of the bond. The notice shall be filed not later than 20 days after the filing or deposit and shall state the location and time of the filing or deposit.

(5) If a person does not notify the lien claimant as required by subsection (4) of this section, the filing of the bond or the deposit of money is of no effect and the provisions of subsections (1) to (3) of this section do not apply in a suit to foreclose the lien for which the filing or deposit is made.

(6) When a person files a bond with the recording officer of a county under subsections (1) to (3) of this section and serves notice of the filing upon the lien claimant under subsections (4) and (5) of this section, the person shall file with the same recording officer an affidavit stating that the notice was served.

(7) When a person deposits money with the treasurer of a county under subsections (1) to (3) of this section and serves notice of the deposit upon the lien claimant under subsections (4) and (5) of this section, the person shall file with the recording officer of the same county an affidavit stating that the deposit was made and notice was served. [2003 c.193 §§2,3,4]

Note: 87.177 (Bond or deposit of money for lien for storage of chattel) to 87.181 (Release of lien or return of money) were added to and made a part of 87.152 (Possessory lien for labor or material expended on chattel) to 87.212 (Liability for improper sale of fungible chattels) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 87.177 — Bond or deposit of money for lien for storage of chattel; amount; notice to lien claimant; filing affidavit with county officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.322 — OR Code / Title 9 / Chapter 87 / Section 87.322
87.322 Effect of prior security interest on foreclosure of nonpossessory lien for labor or material expended on chattel
Status: in_force

ORS 87.272 (Petition for foreclosure without suit) to 87.316 (Disposition of proceeds of foreclosure sale) do not apply to a lien on a chattel created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) when that chattel is subject to a prior duly perfected security interest as provided in ORS 87.146 (Priorities of liens) (1)(d). When a lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) is junior and subordinate to a prior duly perfected security interest, that lien shall be foreclosed by suit under ORS chapter 88. In such a suit to foreclose, the holder of the prior security interest shall be made a party defendant to the foreclosure proceeding. The person holding the prior security interest may extinguish the lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) by either a foreclosure proceeding under ORS chapter 88 or a nonjudicial foreclosure proceeding under ORS 79.0601 (UCC 9-601. Rights after default) to 79.0628 (UCC 9-628. Nonliability and limitation on liability of secured party) . [1975 c.648 §35a; 2001 c.445 §162]

Source: Section 87.322 — Effect of prior security interest on foreclosure of nonpossessory lien for labor or material expended on chattel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.756 — OR Code / Title 9 / Chapter 86 / Section 86.756
86.756 Notice to grantor
Status: in_force

(1) If a notice of default is recorded for property that is subject to a residential trust deed, the sender of a notice of sale under ORS 86.764 (Notice of sale for certain persons) shall, on or before the date the notice of sale is served or mailed, give notice under this section to the grantor by both first class and certified mail with return receipt requested to all addresses on file with the sender for the grantor, including post office boxes. Subject to any rules adopted under subsection (2) of this section, the notice must be in substantially the following form and printed in at least 14-point type:

NOTICE:

This notice is about your mortgage loan on your property at _________ (address).

Your lender has decided to sell this property because the money due on your mortgage loan has not been paid on time or because you have failed to fulfill some other obligation to your lender. This is sometimes called “foreclosure.”

The amount you would have had to pay as of _____ (date) to bring your mortgage loan current was $_____. The amount you must now pay to bring your loan current may have increased since that date.

By law, your lender has to provide you with details about the amount you owe, if you ask. You may call _________ (telephone number) to find out the exact amount you must pay to bring your mortgage loan current and to get other details about the amount you owe. You may also get these details by sending a request by certified mail to: _________.

IF YOU DO NOT TAKE ACTION:

Date and time: _________, 2_____ at _________

Place: _________

TO STOP THE SALE:

1. You can pay the amount past due or correct any other default, up to five days before the sale.

2. You can refinance or otherwise pay off the loan in full anytime before the sale.

3. You can call _________ (name) at _________ (telephone number) to find out if your lender is willing to give you more time or change the terms of your loan.

4. You can sell your home, provided the sale price is enough to pay what you owe.

There are government agencies and nonprofit organizations that can give you information about foreclosure and help you decide what to do. For the name and telephone number of an organization near you, please call the statewide telephone contact number at _________. You may also wish to talk to a lawyer. If you need help finding a lawyer, you may call the Oregon State Bar’s Lawyer Referral Service at _________ or toll-free in Oregon at _________ or you may visit its website at: _________. Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs, go to _________.

WARNING: You may get offers from people who tell you they can help you keep your property. You should be careful about those offers. Make sure you understand any papers you are asked to sign. If you have any questions, talk to a lawyer or one of the organizations mentioned above before signing.

DATED: _____, 2_____

Trustee name: _________ (print)

Trustee signature: _________

Trustee telephone number: _________

(2) The Department of Consumer and Business Services may adopt rules prescribing the format, font size and other physical characteristics of the notice form set forth in subsection (1) of this section. The department shall adopt rules specifying the resource telephone contact numbers and website addresses the sender is to insert in completing the notice.

(3) When filling blanks in the notice form set forth in subsection (1) of this section, the sender of the notice shall include, stated in plain language:

(a) The amount of payment that was needed to bring the mortgage loan current as of the date stated in the notice; and

(b) One or more telephone numbers consisting of:

(A) A telephone number that will allow the grantor access during regular business hours to details regarding the grantor’s loan delinquency and repayment information; and

(B) A telephone number that will allow the grantor access during regular business hours to person-to-person consultation with an individual authorized by the beneficiary to discuss the grantor’s payment and loan term negotiation and modification options.

(4) Telephone numbers described in subsection (3) of this section must be toll-free numbers unless the beneficiary:

(a) Made the loan with the beneficiary’s own money;

(b) Made the loan for the beneficiary’s own investment; and

(c) Is not in the business of making loans secured by an interest in real estate.

(5) If the sender giving notice under subsection (1) of this section has actual knowledge that the grantor is not the occupant of the residential real property, the sender shall also give notice to the occupant of the property by both first class and certified mail with return receipt requested to all addresses on file with the trustee for the occupant, including post office boxes.

(6) Except as provided in ORS 408.515 (Information to be included with certain documents related to real property) (3), the information required under ORS 408.515 (Information to be included with certain documents related to real property) must be included with a notice under subsection (1) of this section. [Formerly 86.737; 2017 c.251 §5; 2019 c.405 §7]

Source: Section 86.756 — Notice to grantor; requirements; additional forms; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.356 — OR Code / Title 9 / Chapter 87 / Section 87.356
87.356 Lien for preparing land for irrigation or cultivation
Status: in_force

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

Source: Section 87.356 — Lien for preparing land for irrigation or cultivation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.206 — OR Code / Title 9 / Chapter 86a / Section 86a.206
86A.206 Application for license
Status: in_force

(1) The Director of the Department of Consumer and Business Services by rule shall determine the manner in which an applicant must apply and the form and contents of an application for a license to conduct business as a mortgage loan originator.

(2) In connection with an application under this section, an applicant shall apply for and receive a unique identifier from the Nationwide Mortgage Licensing System and Registry. As part of the application, the director by rule shall require the applicant to submit to the director or directly to the Nationwide Mortgage Licensing System and Registry:

(a) Fingerprints that the Federal Bureau of Investigation, or another government agency that is authorized to receive fingerprints, can use to perform a state, national and international criminal background check;

(b) A summary of the applicant’s personal history and experience on a form prescribed by the Nationwide Mortgage Licensing System and Registry;

(c) A document that authorizes the Nationwide Mortgage Licensing System and Registry to obtain, with reference to the applicant:

(A) A credit report from a consumer reporting agency, as defined in 15 U.S.C. 1681a(f), or a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, as defined in 15 U.S.C. 1681a(p); and

(B) Information about administrative, civil or criminal proceedings and findings concerning the applicant in any governmental jurisdiction; and

(d) Other information the director or the Nationwide Mortgage Licensing System and Registry may require. [2009 c.863 §3]

Source: Section 86A.206 — Application for license; information and materials required for application; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.312 — OR Code / Title 9 / Chapter 87 / Section 87.312
87.312 Effect of notice of foreclosure sale to secured parties
Status: in_force

(1) A person who claims a lien or has a security interest in a chattel to be sold at a foreclosure sale and who is notified under ORS 87.306 (Foreclosure by sale without suit) (2) may discharge the foreclosing lien claimant’s lien and preserve the security interest or lien claim of the person by paying the foreclosing lien claimant the amount of the lien claim and the expenses actually incurred in foreclosing it. If the person does not so discharge the lien before the day of the foreclosure sale, the security interest or lien claim of the person is extinguished.

(2) If the chattel to be sold at a foreclosure sale is a chattel for which a certificate of title is required by the laws of this state and if the lien claimant does not notify a person whom the certificate of title indicates has a security interest or lien in the chattel as required by ORS 87.306 (Foreclosure by sale without suit) (2), the chattel remains subject to that security interest or lien and the buyer of the chattel at a foreclosure sale held under ORS 9.370 (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) takes the chattel subject to the security interest or lien.

(3) If a lien claimant does not notify a person, other than a person indicated on a certificate of title as a secured party or lienholder, who claims a security interest or lien on the chattel sold at a foreclosure sale as required by ORS 87.306 (Foreclosure by sale without suit) (2), the lien claimant is liable to that person for a sum equal to the fair market value of the chattel sold at the foreclosure sale or the amount due that person under the security agreement or lien at the time of the foreclosure sale, whichever amount is less. The secured party or other lien claimant shall recover that sum by an action at law. [1975 c.648 §34]

Source: Section 87.312 — Effect of notice of foreclosure sale to secured parties; failure to give notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.106 — OR Code / Title 9 / Chapter 86a / Section 86a.106
86A.106 Procedures for licensing
Status: in_force

(1) The Director of the Department of Consumer and Business Services by rule shall establish procedures for licensing mortgage bankers or mortgage brokers. The director may coordinate licensing with the Nationwide Mortgage Licensing System and Registry.

(2) An applicant for a license, or a managing partner, director, executive officer or other individual that occupies a similar position or performs similar functions for the applicant, shall have, during the five years immediately preceding the time of application, not less than three years’ experience in the mortgage business, three years’ experience negotiating loans in a related business satisfactory to the director or three years’ equivalent lending experience in a related business satisfactory to the director.

(3) If a license is issued to a person other than an individual, at least one managing partner, director, executive officer or other individual that occupies a similar position or performs similar functions for the person shall, at all times during the term of the license, satisfy the experience requirement described in subsection (2) of this section.

(4) An applicant for a license that is not subject to the requirement set forth in ORS 86A.227 (Corporate surety bond required) shall file with the director a corporate surety bond or irrevocable letter of credit that is approved by the director in an amount the director specifies by rule, that runs to the State of Oregon and that is issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) .

(5) The total amount of the corporate surety bond or irrevocable letter of credit for a single applicant under subsection (4) of this section shall be not less than $50,000. The director by rule shall require the sum of the corporate surety bond or irrevocable letter of credit to reflect the dollar amount of the loans that the mortgage banker or mortgage broker originates.

(6) If the application, surety bond or irrevocable letter of credit and fees are in order and the director is satisfied that the application should not be denied upon one or more of the grounds specified in ORS 86A.115 (Grounds for denying, suspending, conditioning or revoking license) , 86A.118 (Action against applicant or licensee for act or omission of associate) or 86A.121 (Cancellation of license or application) , the director shall license the mortgage banker or mortgage broker.

(7) A licensee shall amend the license application and, if necessary, increase the amount of the corporate surety bond or irrevocable letter of credit described in subsection (5) of this section when there are material changes in the information contained in the original application.

(8) An applicant for a license under this section or a licensee who applies to renew a license under ORS 86A.109 (Expiration of initial license) shall certify to the director in a form and manner the director specifies by rule that the applicant or licensee has independently verified that every individual the applicant or licensee hired or intends to hire as a mortgage loan originator:

(a) Meets the requirements set forth in ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) ;

(b) Has undergone a state criminal records check in accordance with ORS 86A.186 (Mortgage loan originator criminal records checks) ; and

(c) Is covered, if applicable, by a corporate surety bond as provided in ORS 86A.227 (Corporate surety bond required) .

(9) The director shall:

(a) Charge and collect fees for initial and renewal license applications.

(b) Set by rule all fees required under this section. The director shall set the fees to reflect amounts sufficient to meet the costs of administering ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , including amounts sufficient to establish and maintain a reasonable emergency fund.

(c) Set by rule the amounts of corporate surety bonds and irrevocable letters of credit required under this section.

(10) The fees under this section are not refundable except for fees that the director determines by rule are refundable. [Formerly 59.850]

Source: Section 86A.106 — Procedures for licensing; experience required; certification; surety bond or letter of credit; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.316 — OR Code / Title 9 / Chapter 87 / Section 87.316
87.316 Disposition of proceeds of foreclosure sale
Status: in_force

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

(2) After the payment of expenses and the discharge of the lien, any amount remaining shall be paid by the sheriff to the treasurer of the county in which the foreclosure sale is held. The remainder shall be accompanied by a statement of the lien claim and the sheriff’s costs in foreclosing the lien, a copy of the published or posted notice and a statement of the amount received for the chattel sold at the sale. The county treasurer shall credit the remainder to the general revenue fund of the county, subject to the right of the lien debtor, or the representative of the lien debtor, to reclaim the remainder at any time within three years of the date of deposit with the treasurer. If the remainder is not demanded and claimed within such period, it shall become the property of the county. [1975 c.648 §35]

Source: Section 87.316 — Disposition of proceeds of foreclosure sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.221 — OR Code / Title 9 / Chapter 86a / Section 86a.221
86A.221 Continuing education requirements for mortgage loan originator
Status: in_force

(1) A licensed mortgage loan originator each year shall complete at least eight hours of an approved course of continuing education that:

(a) At a minimum, must include:

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

(B) Two 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; and

(b) May include additional 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.

(2) For purposes of this section, an approved course of continuing 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.

(3) This section does not preclude a licensed mortgage loan originator’s employer or a subsidiary, agent or affiliate of the employer from providing an approved course of continuing education.

(4) For the purposes of the requirement set forth in subsection (1) of this section, the director shall accept an approved course of continuing education that a licensed mortgage loan originator completed in another state.

(5) A licensed mortgage loan originator:

(a) May receive credit for a continuing education course only in the year in which the licensed mortgage loan originator takes the course, unless the director under ORS 86A.218 (License renewal) permits or requires the mortgage loan originator to make up a deficiency in continuing education; and

(b) May not for the purposes of meeting the requirement set forth in subsection (1) of this section take the same approved course of continuing education in the same year or in any two successive years.

(6) A licensed mortgage loan originator who is also approved as an instructor for an approved course of continuing education may receive two hours of credit toward the licensed mortgage loan originator’s own continuing education requirement for each hour of the approved course of continuing education that the licensed mortgage loan originator teaches. [2009 c.863 §7; 2021 c.506 §2]

Source: Section 86A.221 — Continuing education requirements for mortgage loan originator; credit allowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86.155 — OR Code / Title 9 / Chapter 86 / Section 86.155
86.155 Priority of line of credit instrument as to certain advances
Status: in_force

(1) As used in this section:

(a) “Credit agreement” means any promissory note, loan agreement or other agreement that provides for advances subsequent to the date of recording of the line of credit instrument that secures the note or agreement.

(b) “Line of credit instrument” means a mortgage or trust deed that secures a consumer or commercial credit agreement and creates a lien on specified real property up to a stated amount, provided that the front page of the mortgage or trust deed, or a memorandum thereof:

(A) Contains the legend “line of credit mortgage,” “line of credit trust deed” or “line of credit instrument” either in capital letters or underscored above the body of the mortgage or trust deed;

(B) States the maximum principal amount to be advanced pursuant to the credit agreement; and

(C) States the term or maturity date, if any, of the credit agreement exclusive of any option to renew or extend the term or maturity date.

(c) “Residential line of credit instrument” means any line of credit instrument creating a lien on real property upon which are situated or will be constructed four or fewer residential units, one of which, at the time the credit agreement is entered into, is the borrower’s residence or is intended, following construction, to be a residence of the borrower.

(2) A line of credit instrument shall have priority, regardless of the knowledge of the lienholder of any intervening lien, as of its date of recording as to the following advances whether the advances are optional or obligatory advances:

(a) Principal advances made any time pursuant to the credit agreement, to the extent the total outstanding advances do not exceed the maximum principal amount stated in the line of credit instrument under subsection (1)(b)(B) of this section;

(b) Interest, lawful charges and advances made any time pursuant to the credit agreement for the reasonable protection of the real property including, but not limited to, advances to pay real property taxes, hazard insurance premiums, maintenance charges imposed under a declaration or restrictive covenant and reasonable attorney fees, whether or not the interest, lawful charges or advances exceed the maximum principal amount stated in the line of credit instrument under subsection (1)(b)(B) of this section; and

(c) Advances made any time after the date of recording and pursuant to a credit agreement that is not secured by a residential line of credit instrument to complete construction of previously agreed-upon improvements on the real property, whether or not the advances exceed the maximum principal amount stated in the line of credit instrument under subsection (1)(b)(B) of this section provided, however, that the front page of the instrument states that the maximum principal amount to be advanced pursuant to the credit agreement may be exceeded by advances to complete construction pursuant to this subsection.

(3) Actions that do not affect the priority granted to the advances set forth in subsection (2) of this section shall include, but not be limited to, those actions set forth in ORS 86.095 (Acts not affecting priority of lien of credit instrument) (1). If any modification to a credit agreement increases the maximum principal amount to be advanced pursuant to the credit agreement, then principal advances that are made that exceed the original maximum principal amount stated in the line of credit instrument shall have priority as of the date of recording an amendment to the line of credit instrument that states the increased maximum principal amount.

(4) In the case of a residential line of credit instrument, the debtor may limit the indebtedness secured by that line of credit instrument to the amount of the credit outstanding by delivering a notice by personal service upon the lienholder or trust deed beneficiary or by mailing a notice by certified mail, return receipt requested, to the lienholder or trust deed beneficiary at the address given for payment or, if none, to the address of the lienholder or trust deed beneficiary indicated in the line of credit instrument or deed of trust. To be sufficient to limit indebtedness under this subsection, the notice must:

(a) State that it is made under this section;

(b) Contain the legal description in the line of credit instrument or the street address of the real property;

(c) Provide the information necessary to locate the line of credit instrument in the public record;

(d) State the debtor’s intention to limit the amount of credit secured by the line of credit instrument to the amount owed at the time the notice is received;

(e) State the date sent; and

(f) Be signed and acknowledged by all debtors obligated under the line of credit instrument.

(5) Not later than the 20th day after receipt of the notice described in subsection (4) of this section, the lienholder or trust deed beneficiary shall:

(a) Indorse on the notice, or on an addendum to the notice, the principal amount of the indebtedness secured by the line of credit instrument on the date the lienholder or trust deed beneficiary received notice;

(b) Sign and acknowledge the notice or the addendum, if applicable; and

(c) Record the notice and addendum in the public record where the line of credit instrument was originally recorded.

(6) If the lienholder or trust deed beneficiary fails to record the notice and addendum, if applicable, within the time period specified in subsection (5) of this section, the debtor may record the notice in the public record where the line of credit instrument was originally recorded, together with proof of receipt by, or personal delivery to, the lienholder or trust deed beneficiary.

(7) Notwithstanding subsection (4) of this section, the line of credit instrument shall continue to have priority as of its date of recording as to:

(a) Principal advances, including any advance the creditor is required to honor, that were made before a notice under subsection (4) of this section is received;

(b) Interest, lawful charges and advances described in subsection (2)(b) and (c) of this section; and

(c) All advances made after a notice under subsection (4) of this section is received that are within the amount owed at the time the notice under subsection (4) of this section is given. [1987 c.716 §4; 1989 c.198 §1; 1991 c.313 §1; 1991 c.438 §1; 1997 c.152 §1; 2001 c.20 §2; 2007 c.71 §18]

Source: Section 86.155 — Priority of line of credit instrument as to certain advances; procedure to limit indebtedness in residential line of credit instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.440 — OR Code / Title 9 / Chapter 87 / Section 87.440
87.440 Determination of adequacy of bond or letter of credit
Status: in_force

If an attorney or other member of the Oregon State Bar licensed to practice law considers the bond filed with a recording officer or the irrevocable letter of credit deposited with the treasurer of a county inadequate to protect the claim of the attorney or member for lien for some reason other than the amount of the bond or irrevocable letter of credit, the attorney or member shall, within 10 days of receipt of the notice of filing, petition the court in which the suit to foreclose the lien may be brought for a determination of the adequacy of the bond or irrevocable letter of credit. The attorney or member shall state in detail the reasons for the inadequacy. If the court determines that the bond is inadequate for one or more of the reasons stated by the attorney or member, the court shall order such action as shall make the bond or irrevocable letter of credit adequate to protect the claim for lien. [1975 c.648 §58 (enacted in lieu of 87.495); 1991 c.331 §19; 2023 c.72 §39]

Source: Section 87.440 — Determination of adequacy of bond or letter of credit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.230 — OR Code / Title 9 / Chapter 86a / Section 86a.230
86A.230 Contracts or agreements with Nationwide Mortgage Licensing System and Registry and other agencies
Status: in_force

(1) The Director of the Department of Consumer and Business Services may contract with or otherwise agree with the Nationwide Mortgage Licensing System and Registry, or a person the Nationwide Mortgage Licensing System and Registry designates, to:

(a) Collect and maintain records in connection with an application under ORS 86A.212 (Findings required for issuing license) or 86A.218 (License renewal) ;

(b) Collect and process application fees or other fees that are authorized under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) and imposed by a government agency or association of government agencies;

(c) Serve as a point of contact the director may use to request information from and provide information to the United States Department of Justice, the Federal Bureau of Investigation or other government agencies;

(d) Apply, abide by and implement standards the Nationwide Mortgage Licensing System and Registry establishes for:

(A) Setting or resetting dates for reporting information or renewing a mortgage loan originator’s license; and

(B) Amending or surrendering a mortgage loan originator’s license; and

(e) Otherwise participate in the Nationwide Mortgage Licensing System and Registry.

(2) The director may agree with the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators or other government agencies or associations of government agencies to share and to maintain under subsection (4) of this section the confidentiality or privilege applicable to information or material that:

(a) An applicant provides under ORS 86A.206 (Application for license) ;

(b) A mortgage loan originator provides under ORS 86A.218 (License renewal) ; or

(c) The director obtains from investigations, inquiries, proceedings, submissions or other sources under the authority of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) .

(3) The director shall provide copies of information and material that the director supplies to or receives from the Nationwide Mortgage Licensing System and Registry to an applicant for a mortgage loan originator’s license under ORS 86A.212 (Findings required for issuing license) or to a licensed mortgage loan originator who applies to renew a license under ORS 86A.218 (License renewal) . The director by rule shall establish a procedure for challenging the accuracy or completeness of the information and materials.

(4) Intentionally left blank —Ed.

(a) Except as provided in subsections (5) and (6) of this section and 12 U.S.C. 5111, information or material that an applicant, a mortgage loan originator or the director provides or discloses to the Nationwide Mortgage Licensing System and Registry retains the confidentiality or privilege from public disclosure that applies to the information under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) or under other applicable state or federal law, including court rules. The confidentiality or privilege applies to the information or material despite disclosure to state or federal agencies with regulatory authority over persons, businesses or activities related to mortgage lending.

(b) Information that is subject to a privilege described in paragraph (a) of this subsection is not subject to:

(A) Disclosure under state or federal law that governs disclosure of information in the possession of a public official; or

(B) Subpoena, discovery or admission into evidence in an administrative proceeding or private civil action, unless the person whose information is protected by the confidentiality or privilege waives the confidentiality or privilege in whole or in part.

(c) To the extent that the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) conflict with the provisions of this section, the provisions of this section control.

(5) Subsection (4) of this section does not apply to information or material concerning an applicant’s or a mortgage loan originator’s employment history or records of discipline and enforcement actions that appear in and are open to public access in the Nationwide Mortgage Licensing System and Registry. The director may publish on the Internet information that the director receives from the Nationwide Mortgage Licensing System and Registry that is not subject to a privilege described in subsection (4) of this section.

(6) The director shall regularly report to the Nationwide Mortgage Lending System and Registry violations of the provisions of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) , enforcement actions against a person subject to ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) and other information the director deems necessary to meet the director’s obligations under agreements with the Nationwide Mortgage Licensing System and Registry.

(7) To the extent reasonably necessary to participate in the Nationwide Mortgage Licensing System and Registry, the director by rule or order may waive or modify, in whole or in part, the requirements set forth in ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) or establish new requirements consistent with the provisions of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) . [2009 c.863 §10]

Source: Section 86A.230 — Contracts or agreements with Nationwide Mortgage Licensing System and Registry and other agencies; information sharing; confidentiality; reports of violations; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86.250 — OR Code / Title 9 / Chapter 86 / Section 86.250
86.250 Service charge prohibited where interest required
Status: in_force

No lender requiring a lender’s security protection provision with respect to which interest is required to be paid by the lender under ORS 86.245 (Interest on security protection deposits) shall impose a service charge in connection with such provision. [1975 c.337 §9]

Source: Section 86.250 — Service charge prohibited where interest required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.110 — OR Code / Title 9 / Chapter 86 / Section 86.110
86.110 Discharge of record by owner and holder of mortgage note who is not the mortgagee of record
Status: in_force

(1) Whenever a promissory note secured by mortgage on real property is transferred by indorsement without a formal assignment of the mortgage, and the mortgage is recorded, the mortgage, upon payment of the promissory note, may be discharged of record by the owner and holder of the promissory note making and filing with the appropriate recording officer a certificate, verified by oath, proving the satisfaction of mortgage and declaring, in substance, that the owner and holder is the owner and holder of the note secured by the mortgage by indorsement of the mortgagee and that the note has been fully paid and proving that fact to the satisfaction of the recording officer.

(2) Upon receiving the certificate, the recording officer shall record the document and index the document as a satisfaction of mortgage. The record shall have the same effect as a deed of release of the mortgagee duly acknowledged and recorded. [Amended by 1965 c.252 §3; 2001 c.577 §1]

Source: Section 86.110 — Discharge of record by owner and holder of mortgage note who is not the mortgagee of record , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 88.030 — OR Code / Title 9 / Chapter 88 / Section 88.030
88.030 Other lienholders and debtors as defendants
Status: in_force

Any person having a lien subsequent to the plaintiff upon the same property or any part thereof, or who has given a promissory note or other personal obligation for the payment of the debt, or any part thereof, secured by the mortgage or other lien which is the subject of the suit, shall be made a defendant in the suit, and any person having a prior lien may be made defendant at the option of the plaintiff, or by the order of the court when deemed necessary. The failure of any junior lien or interest holder who is omitted as a party defendant in the suit to redeem within five years of the date of a sheriff’s sale under ORS 88.106 (Sale and redemption) shall bar such junior lien or interest holder from any other action or proceeding against the property by the person on account of such person’s lien or interest. [Amended by 1985 c.817 §10]

Source: Section 88.030 — Other lienholders and debtors as defendants; effect of failure to redeem , https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html (accessed May 26, 2025).
ORS § 87.023 — OR Code / Title 9 / Chapter 87 / Section 87.023
87.023 Notice of right to lien
Status: in_force

The notice of right to a lien required under ORS 87.021 (Notice to owners) shall include, but not be limited to, the following information and shall be substantially in the following form:

NOTICE OF RIGHT TO A LIEN.

WARNING: READ THIS NOTICE.

FOR THE SAME SERVICE.

To: ________ Date of mailing: _____

Owner

___________

Owner’s address

___________

This is to inform you that ____________ has begun to provide ____________ (description of materials, equipment, labor or services) ordered by ____________ for improvements to property you own. The property is located at __________________.

A lien may be claimed for all materials, equipment, labor and services furnished after a date that is eight days, not including Saturdays, Sundays and other holidays, as defined in ORS 187.010 (Legal holidays) , before this notice was mailed to you.

Even if you or your mortgage lender have made full payment to the contractor who ordered these materials or services, your property may still be subject to a lien unless the supplier providing this notice is paid.

THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the State of Oregon.

This notice has been sent to you by:

NAME: _________

ADDRESS: ________

TELEPHONE: ______

IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, FEEL FREE TO CALL US.

Under Oregon’s laws, those who work on your property or provide labor, equipment, services or materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien.

If your contractor fails to pay subcontractors, material suppliers, rental equipment suppliers, service providers or laborers or neglects to make other legally required payments, the people who are owed money can look to your property for payment, even if you have paid your contractor in full.

The law states that all people hired by a contractor to provide you with materials, equipment, labor or services must give you a notice of right to a lien to let you know what they have provided.

YOURSELF ARE:

- RECOGNIZE that this notice of right to a lien may result in a lien against your property unless all those supplying a notice of right to a lien have been paid.

- LEARN more about the lien laws and the meaning of this notice by contacting the Construction Contractors Board, an attorney or the firm sending this notice.

- ASK for a statement of the labor, equipment, services or materials provided to your property from each party that sends you a notice of right to a lien.

- WHEN PAYING your contractor for materials, equipment, labor or services, you may make checks payable jointly to the contractor and the firm furnishing materials, equipment, labor or services for which you have received a notice of right to a lien.

- OR use one of the methods suggested by the “Information Notice to Owners.” If you have not received such a notice, contact the Construction Contractors Board.

- GET EVIDENCE that all firms from whom you have received a notice of right to a lien have been paid or have waived the right to claim a lien against your property.

- CONSULT an attorney, a professional escrow company or your mortgage lender.

[1981 c.757 §5; 1983 c.757 §2; 1987 c.662 §2]

Source: Section 87.023 — Notice of right to lien; form of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.707 — OR Code / Title 9 / Chapter 86 / Section 86.707
86.707 Additional definitions for ORS 86.726, 86.729, 86.732, 86.736, 86.741, 86.744 and 86.748
Status: in_force

As used in this section and 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) , 86.741 (Attorney General duties and powers) , 86.744 (Foreclosure Avoidance Fund) and 86.748 (Determination of ineligibility for foreclosure avoidance measure) :

(1) “Facilitator” means a person that a service provider selects to conduct a resolution conference.

(2) “Foreclosure avoidance measure” means an agreement between a beneficiary and a grantor that uses one or more of the following methods to modify an obligation that is secured by a residential trust deed:

(a) The beneficiary defers or forbears from collecting one or more payments due on the obligation.

(b) The beneficiary modifies, temporarily or permanently, the payment terms or other terms of the obligation.

(c) The beneficiary accepts a deed in lieu of foreclosure from the grantor.

(d) The grantor conducts a short sale.

(e) The beneficiary provides the grantor with other assistance that enables the grantor to avoid a foreclosure.

(3) “Housing counselor” means a counselor employed by a nonprofit housing counseling agency that the Housing and Community Services Department or a successor state agency approves.

(4) “Remote audio or video communication” means a method of remote communication that gives a participant in the communication the capability and opportunity to clearly transmit and, as appropriate, perceive at substantially the same time the participant’s own, and other participants’, spoken or sign language, visual or audio aids, gestures, expressions, tones of voice and other indicators of meaning apart from spoken or written language.

(5) “Resolution conference” means a meeting at which a grantor and a beneficiary attempt to negotiate and agree upon a foreclosure avoidance measure.

(6) “Service provider” means a person that the Attorney General appoints under ORS 86.741 (Attorney General duties and powers) to coordinate 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) . [2012 c.112 §2; 2013 c.304 §7; 2021 c.106 §3]

Source: Section 86.707 — Additional definitions for ORS 86.726, 86.729, 86.732, 86.736, 86.741, 86.744 and 86.748 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.196 — OR Code / Title 9 / Chapter 86a / Section 86a.196
86A.196 Notice of reverse mortgage prohibition in homestead property tax deferral program
Status: in_force

(1) Before entering into an agreement with a borrower for a reverse mortgage, a lender shall notify the borrower in writing of the provisions of ORS 311.700 (Deed or contract clauses prohibiting application for deferral are void) (2).

(2) Intentionally left blank —Ed.

(a) In any advertisement, solicitation or communication that a lender or an agent or affiliate of the lender intends as an inducement for a person to apply for or enter into a contract for a reverse mortgage, the lender or the agent or affiliate of the lender shall include a clear and conspicuous summary of the terms of the reverse mortgage. The summary must, at a minimum, disclose these provisions of the reverse mortgage loan contract to the extent that the contract includes the provision:

(A) At the conclusion of the term of the reverse mortgage loan contract, some or all of the equity in the property that is the subject of the reverse mortgage no longer belongs to the person and the person may need to sell or transfer the property to repay the proceeds of the reverse mortgage from the proceeds of the sale or transfer or the person must otherwise repay the reverse mortgage with interest from the person’s other assets.

(B) The lender will charge an origination fee, a mortgage insurance premium, closing costs or servicing fees for the reverse mortgage, all or any of which the lender will add to the balance of the reverse mortgage loan.

(C) The balance of the reverse mortgage loan grows over time and the lender charges interest on the outstanding loan balance.

(D) The person retains title to the property that is the subject of the reverse mortgage until the person sells or transfers the property and is therefore responsible for paying property taxes, insurance, maintenance and related taxes. Failing to pay these amounts may cause the reverse mortgage loan to become due immediately and may subject the property to a tax lien or other encumbrance or to possible foreclosure.

(E) Interest on a reverse mortgage is not deductible from the person’s income tax return until the person repays all or part of the reverse mortgage loan.

(b) As used in paragraph (a) of this subsection:

(A) “Clear and conspicuous” means:

(i) In larger type than the surrounding text or in a type, color or font that contrasts with surrounding text of the same size or set off from surrounding text by symbols or other marks in a manner that draws attention; or

(ii) Spoken in a volume and cadence that is sufficient to enable a reasonable person to hear and understand.

(B) “Reverse mortgage” means a residential mortgage transaction in which the lender provides loan proceeds to a borrower in a lump sum or in monthly installments with the expectation that the borrower will repay the loan from the proceeds of a sale or transfer of the real property that secures the loan.

(3) Intentionally left blank —Ed.

(a) A lender who has a contract with a person for a reverse mortgage each year shall send a notice with the information specified in subsection (2)(a)(D) of this section to the person or to any escrow agent, title insurance company or other agent that pays property taxes from an escrow account on the person’s behalf. The lender shall send the notice to the person at the person’s last-known address or to the escrow agent, title insurance company or other agent at the address the lender has in the lender’s records for the escrow agent, title insurance company or other agent. The lender shall send the notice at least 60 calendar days before property taxes are due for the property that is subject to the reverse mortgage.

(b) Paragraph (a) of this subsection does not apply to a contract for a reverse mortgage that includes a reserve account for taxes.

(4) Subsections (2) and (3) of this section do not apply to a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , or to a licensee, as defined in ORS 725.010 (Definitions) . [2012 c.13 §1; 2015 c.87 §1; 2017 c.161 §1]

Note: 86A.196 (Notice of reverse mortgage prohibition in homestead property tax deferral program) 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.196 — Notice of reverse mortgage prohibition in homestead property tax deferral program; summary of terms of reverse mortgage in advertisement or solicitation; annual notice to person with reverse mortgage or to escrow agent, title insurance company or other agent; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86.729 — OR Code / Title 9 / Chapter 86 / Section 86.729
86.729 Scheduling and notice for resolution conference
Status: in_force

(1) Intentionally left blank —Ed.

(a) Within 10 days after a service provider receives a request for a resolution conference under ORS 86.726 (Resolution conference for foreclosure) , the service provider shall schedule the resolution conference and mail a notice to the beneficiary and to the grantor at all addresses on file with the service provider for the beneficiary and grantor, including post office boxes. The service provider shall schedule the resolution conference to occur within 75 days after the date on which the service provider sends the notice.

(b) A notice under this subsection must:

(A) Specify a range of dates within which and a location at which or means of remote audio or video communication by which the resolution conference will occur;

(B) State that the beneficiary and the grantor each must pay the facilitator’s fees for the resolution conference;

(C) List and describe the documents that the beneficiary and the grantor must submit to the service provider;

(D) State that the grantor must consult a housing counselor before attending the resolution conference unless the grantor notifies the service provider that the grantor could not obtain an appointment with a housing counselor before the date of the resolution conference;

(E) State that the grantor may have an attorney or housing counselor present to represent the grantor at the resolution conference, and that the attorney or housing counselor must attend the resolution conference in person or by remote audio or video communication; and

(F) Include any other information the Attorney General requires by rule.

(2) Within 25 days after the date on which the service provider sends a notice under subsection (1) of this section:

(a) The grantor shall pay a fee to the service provider in an amount and in a manner that the Attorney General specifies by rule. The grantor’s fee may not exceed $200. Within five days after receiving the fee from the grantor, the service provider shall send a written notice to the grantor and the beneficiary that specifies the date, time and location of, and, if necessary, a method of remote audio or video communication for, the resolution conference.

(b) 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 grantor under paragraph (a) of this subsection.

(c) The grantor shall submit to the service provider:

(A) Information about the grantor’s income, expenses, debts and other obligations;

(B) A description of the grantor’s financial hardship, if any;

(C) Documents that verify the grantor’s income; and

(D) Any other information the Attorney General requires by rule.

(3) The grantor shall consult a housing counselor before attending the resolution conference unless the grantor cannot obtain an appointment with a housing counselor before the date of the resolution conference.

(4) Within 25 days after the service provider makes the information the grantor submitted under subsection (2) of this section available to the beneficiary, the beneficiary shall:

(a) Pay a fee to the service provider in an amount that is not more than $600 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 paragraph.

(b) Submit to the service provider:

(A) Copies of:

(i) The residential trust deed; and

(ii) The promissory note that is evidence of the obligation that the residential trust deed secures and that the beneficiary or beneficiary’s agent certifies is a true copy;

(B) The name and address of the person that owns the obligation that is secured by the residential trust deed;

(C) A record of the grantor’s payment history for the longer of the preceding 12 months or since the beneficiary last deemed the grantor current on the obligation;

(D) An itemized statement that shows:

(i) The amount the grantor owes on the obligation, itemized to reflect the principal, interest, fees, charges and any other amounts included within the obligation; and

(ii) The amount the grantor must pay to cure the grantor’s default;

(E) A document that identifies:

(i) The input values for each net present value model that the beneficiary or the beneficiary’s agent uses; and

(ii) The output values that each net present value model produces;

(F) The appraisal or price opinion the beneficiary relied on most recently to determine the value of the property that is the subject of the residential trust deed;

(G) The portion of any pooling agreement, servicing agreement or other agreement that the beneficiary cites as a limitation or prohibition on modifying the terms of the obligation, together with a statement that describes the extent to which the beneficiary sought to have the limitation or prohibition waived;

(H) A description of any additional documents the beneficiary requires to evaluate the grantor’s eligibility for a foreclosure avoidance measure; and

(I) Any other information the Attorney General requires by rule.

(5) Intentionally left blank —Ed.

(a) The service provider may postpone or reschedule a resolution conference that the service provider scheduled under subsection (1) of this section if:

(A) The beneficiary and the grantor agree to a new date;

(B) The beneficiary or the grantor requests a new date in writing that is not more than 30 days after the original date scheduled for the resolution conference and can show good cause for the request; or

(C) The beneficiary does not pay the fee required under subsection (4)(a) of this section by the date the fee is due. The service provider may wait until the beneficiary has paid the fee before rescheduling the resolution conference.

(b) The service provider shall cancel a resolution conference that the service provider scheduled under subsection (1) of this section if the grantor does not pay the fee required under subsection (2)(a) of this section by the date the fee is due.

(6) Intentionally left blank —Ed.

(a) A resolution conference conducted in accordance with this section and ORS 86.726 (Resolution conference for foreclosure) , 86.732 (Attendance at resolution conference) and 86.736 (Certificate of compliance) is not subject to ORS chapter 36 and does not preclude mediation that a court or another provision of law requires.

(b) A facilitator is not subject to a subpoena and cannot be compelled to testify in any proceeding that is related to a resolution conference, other than a proceeding against a facilitator for an act or omission for which the facilitator may be liable under paragraph (c) of this subsection.

(c) A facilitator is not civilly liable for any act or omission done or made while engaged in efforts to assist or facilitate a resolution conference unless the facilitator acted or made an omission in bad faith, with malicious intent or in an manner that exhibited a willful or wanton disregard of the rights, safety or property of another person.

(d) The limitations on liability provided by this subsection apply to the officers, directors, employees and agents of the service provider and any dispute resolution program engaged in facilitating resolution conferences.

(e) Information that a beneficiary or grantor submits under this section is not subject to ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . [2013 c.304 §3; 2017 c.251 §3; 2021 c.106 §9]

Source: Section 86.729 — Scheduling and notice for resolution conference; information required; fees; postponement, rescheduling and cancellation; liability of facilitator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.169 — OR Code / Title 9 / Chapter 86a / Section 86a.169
86A.169 Disclosure required before closing mortgage loan or mortgage banking loan
Status: in_force

Prior to the closing of any mortgage loan or any mortgage banking loan, the mortgage banker or mortgage broker shall supply the borrower with a disclosure as required by the real estate lending provisions of 15 U.S.C. 1601 et seq. and Regulation Z, 12 C.F.R. Part 226. [Formerly 59.955]

Source: Section 86A.169 — Disclosure required before closing mortgage loan or mortgage banking loan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.007 — OR Code / Title 9 / Chapter 87 / Section 87.007
87.007 Protection from construction liens perfected after sale of residential property completed
Status: in_force

(1) This section applies to a sale of the following residential property:

(a) A new single family residence or a single family residence where the sales price is $50,000 or more for original construction or the contract price is $50,000 or more for improvements to the residence completed within three months before the date the property is sold.

(b) A new condominium unit or a condominium unit where the sales price is $50,000 or more for original construction or the contract price is $50,000 or more for improvements to the condominium unit completed within three months before the date the property is sold. As used in this paragraph, “condominium unit” has the meaning given that term in ORS 100.005 (Definitions) .

(c) A new residential building or a residential building where the sales price is $50,000 or more for original construction or the contract price is $50,000 or more for improvements to the residential building completed within three months before the date the property is sold. As used in this paragraph, “residential building” means a building or structure that contains not more than four dwelling units capable of use as residences or homes.

(2) An owner of record at the time the owner of record sells residential property to a purchaser shall protect the purchaser from claims of lien that arise before the date on which the sale is complete but that may become perfected under ORS 87.035 (Perfecting lien) after the date on which the sale is complete by one of the following methods:

(a) Purchase or otherwise provide title insurance on the purchaser’s behalf by means of a policy issued:

(A) Without exception for filed and unfiled claims of construction lien that exist at the closing date of the purchase; and

(B) On forms and at rates filed with, but not disapproved by, the Director of the Department of Consumer and Business Services.

(b) Retain in escrow, as defined in ORS 696.505 (Definitions for ORS 696.505 to 696.590) , an amount of funds that is not less than 25 percent of the sale price of the residential property. The funds must be maintained in or released from escrow in accordance with written instructions to the escrow agent from the purchaser and the owner that sold the property. The written instructions shall require the escrow agent to pay upon the purchaser’s demand a claim of lien that is perfected after the date of the sale of the property and that the owner that sold the property has not paid. The escrow agent shall make the payment from the amount maintained in escrow. The escrow agent shall release the unused funds from escrow to the owner that sold the property if the escrow agent receives a request from the owner that sold the property and the owner that sold the property provides documentation from a title company that:

(A) A claim of lien has not been perfected against the property and 90 days have passed since the date that construction was completed; or

(B) A claim of lien has been perfected against the property, that 135 days have passed since the date that each such claim of lien was filed and that all perfected claims of lien have been released or waived.

(c) Maintain a bond or letter of credit in an amount that is not less than 25 percent of the sale price of the property. The Construction Contractors Board shall prescribe by rule the amount, terms and conditions of the bond or letter of credit to be maintained under this paragraph.

(d) Obtain written waivers from every person that claims or perfects a lien or liens under ORS 87.010 (Construction liens) or 87.035 (Perfecting lien) that, in an aggregate amount, exceed $5,000 with respect to the property and provide copies of the waivers to the purchaser not later than the date the sale of the property is completed.

(e) Complete the sale of the residential property after the deadline for perfecting a claim of lien under ORS 87.035 (Perfecting lien) with respect to the property.

(3) Not later than the date on which the sale of the residential property is completed, the owner who sold the property shall complete, sign and deliver to the purchaser a form that specifies the method that the owner has selected to comply with the requirements of subsection (2) of this section or that states that subsection (2) of this section does not apply to the sale of the property. The notice must be in a form the Construction Contractors Board designates by rule under ORS 701.235 (Rulemaking) .

(4) A real estate licensee, as defined in ORS 696.010 (Definitions) , acting in the professional capacity of a licensee is not liable in a criminal, civil or administrative proceeding that arises out of the failure of an owner of record to comply with subsection (2) or (3) of this section.

(5) Violation of subsection (3) of this section is a Class A violation.

(6) In addition to any other remedy or penalty provided by law, a purchaser may bring an action to recover up to twice the amount of actual damages caused by a violation of subsection (2) of this section. The court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees. Any action brought under this subsection must be commenced not later than two years after the date on which the sale of the property is completed.

(7) For purposes of subsections (5) and (6) of this section and ORS 646.608 (Additional unlawful business, trade practices) :

(a) It is a defense to a violation of subsection (2) or (3) of this section that no enforcement or attempt to enforce a claim of lien against the property that is the subject of the sale occurred before the date the sale of the property was completed; and

(b) As to a claim of lien, it is a defense to a violation of subsection (2) or (3) of this section if the owner that sold the property:

(A) Proves that the claim of lien against the property that is the subject of the sale is invalid; or

(B) Satisfies the claim of lien or obtains a release from the claim of lien on the property that is the subject of the sale.

(8) A violation of subsection (2) or (3) of this section does not occur with respect to a lien described in ORS 87.010 (Construction liens) during the period that the validity of the lien is disputed in a judicial proceeding or a proceeding described in ORS chapter 701.

(9) Nothing in this section requires the payment of a lien that is not otherwise valid. This section does not apply to claims of lien perfected by persons that furnish materials, equipment, services or labor at the request of the purchaser of the residential property. [2003 c.778 §2; 2010 c.77 §1]

Source: Section 87.007 — Protection from construction liens perfected after sale of residential property completed; requirements; seller options; rules; delivery of form to purchaser; penalty; damages; defenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.312 — OR Code / Title 9 / Chapter 86a / Section 86a.312
86A.312 Licensee’s principal place of business
Status: in_force

(1) A licensee shall designate and maintain a principal place of business at or from which the licensee services residential mortgage loans in this state and shall designate a registered agent in this state.

(2) Intentionally left blank —Ed.

(a) If a licensee does not maintain a principal place of business in this state the licensee shall nevertheless designate a registered agent in this state. The registered agent must be available to receive on the licensee’s behalf any notice, demand or service of process permitted by law to be given, made or delivered to, or served upon, the licensee.

(b) If the licensee does not designate a registered agent in this state, or if the licensee’s registered agent cannot with reasonable diligence be located, the Director of the Department of Consumer and Business Services is the licensee’s registered agent.

(3) A licensee may not use or operate under an assumed business name unless the licensee first registers the assumed business name under ORS chapter 648 and lists the name on an application under ORS 86A.309 (Application for license) or in a notice to the director under ORS 86A.318 (Required notices to director) . [2017 c.636 §5]

Source: Section 86A.312 — Licensee’s principal place of business; registered agent; assumed business name , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.095 — OR Code / Title 9 / Chapter 86a / Section 86a.095
86A.095 Short title
Status: in_force

ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) may be cited as the “Oregon Mortgage Lender Law.” [Formerly 59.980]

Source: Section 86A.095 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.236 — OR Code / Title 9 / Chapter 86a / Section 86a.236
86A.236 Prohibited activities
Status: in_force

A person who is subject to regulation under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) in connection with the person’s activities as a mortgage loan originator may not:

(1) Perform an act as a mortgage loan originator in a negligent or incompetent manner;

(2) 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;

(3) Knowingly 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;

(4) Make or file or cause to be made or filed with the Director of the Department of Consumer and Business Services a statement, report or document that the person knows is false in a material respect or matter;

(5) Engage in an unfair or deceptive practice toward another person;

(6) Obtain property by fraud or misrepresentation;

(7) Solicit or enter into a contract with a borrower, the terms of which provide that the person may earn a fee or commission for using the person’s best efforts to obtain a residential mortgage loan even if the person does not obtain a residential mortgage loan for the borrower, except that the terms of the contract may provide that the person may earn an advance fee or recover actual expenses that the person incurs;

(8) Solicit, advertise or enter into a contract, the terms of which specify an interest rate, points or other financing terms unless the interest rate, points or other financing terms are available to a prospective borrower at the time the person makes the solicitation or advertisement or enters into the contract;

(9) Conduct or operate a business that requires a mortgage loan originator’s license without holding a license issued under ORS 86A.212 (Findings required for issuing license) or 86A.218 (License renewal) or assist or enable another person who does not have a mortgage loan originator’s license to conduct or operate a business that requires a mortgage loan originator’s license;

(10) Fail to disclose or provide information required under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) or by state or federal laws, rules or regulations;

(11) Fail to comply with a provision of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) , a rule adopted by the Director of the Department of Consumer and Business Services or state or federal laws, rules or regulations that apply to a business that is subject to regulation under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) ;

(12) Fail to conduct business as a mortgage loan originator in compliance with the provisions of:

(a) The Truth in Lending Act, 15 U.S.C. 1601 et seq. and Regulation Z, 12 C.F.R. part 226, as in effect on October 1, 2009;

(b) The Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq. and Regulation X, 24 C.F.R. part 3500, as in effect on January 1, 2010;

(c) The Equal Credit Opportunity Act, 15 U.S.C. 1691 et seq. and Regulation B, 12 C.F.R. 202.9, 202.11, 202.12 and 202.14, as in effect on July 30, 2009; or

(d) 12 U.S.C. 5101 et seq. and regulations adopted under 12 U.S.C. 5101 et seq.;

(13) Make, negligently or intentionally, a false or deceptive statement or representation in any manner concerning the rates, points or other financing terms or conditions for a residential mortgage loan;

(14) Make a false statement negligently in, or omit knowingly or willfully a material fact from, a report or information the person submits to a government agency or the Nationwide Mortgage Licensing System and Registry or in connection with an investigation or examination conducted by the director or a government agency;

(15) Make a payment, threat or promise, directly or indirectly, to another person for the purpose of influencing the other person’s independent judgment concerning a residential mortgage loan or to an appraiser for the purpose of influencing the appraiser’s independent judgment concerning the value of property;

(16) Charge or collect, attempt to charge or collect or propose or enter into an agreement in which the person charges or collects a fee that is prohibited under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) ;

(17) Cause or require a borrower to obtain property insurance in an amount that exceeds the replacement cost of the property subject to the residential mortgage loan; or

(18) Fail to account truthfully for moneys that belong to a party to a residential mortgage loan transaction. [2009 c.863 §12]

Source: Section 86A.236 — Prohibited activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.227 — OR Code / Title 9 / Chapter 86a / Section 86a.227
86A.227 Corporate surety bond required
Status: in_force

(1) A person that employs a mortgage loan originator shall file with the Director of the Department of Consumer and Business Services a corporate surety bond that runs to the State of Oregon and that covers each mortgage loan originator the person employs. The corporate surety bond must be issued by a corporate surety or an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , that is authorized to transact business in this state.

(2) The director by rule shall:

(a) Prescribe the form of the corporate surety bond;

(b) Require the person to maintain the corporate surety bond in an amount that reflects the dollar amount of the loans the person originated or in a minimum amount the director specifies; and

(c) Prescribe other requirements for the corporate surety bond as are necessary to accomplish the purposes of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) .

(3) A right of action against the corporate surety bond required under this section exists to the same extent that a right of action exists under ORS 86A.151 (Liability of person that employs mortgage loan originator) .

(4) The director may require the person to file a new corporate surety bond if an action is commenced against the corporate surety bond on file with the director. The person shall file a new corporate surety bond immediately if a recovery is obtained against the bond. [2009 c.863 §9]

Source: Section 86A.227 — Corporate surety bond required; right of action; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.133 — OR Code / Title 9 / Chapter 86a / Section 86a.133
86A.133 Procedures where assets or capital of mortgage banker or mortgage broker found impaired
Status: in_force

(1) When the Director of the Department of Consumer and Business Services ascertains that the assets or capital of any mortgage banker or mortgage broker is impaired, or that the mortgage banker’s or mortgage broker’s affairs are in an unsound condition, the director may take possession of all the property, business and assets of the mortgage banker or mortgage broker located in this state and retain possession of them pending the further proceedings specified in this section. The director shall inventory the assets and liabilities of the mortgage banker or mortgage broker. The director shall file one copy of the inventory in the office of the director and one copy in the office of the clerk of the circuit court of the county in which the principal place of business of the mortgage banker or mortgage broker is located, and shall mail one copy to each shareholder or partner of the mortgage banker or mortgage broker at the last-known address of the shareholder or partner. The clerk of the court shall file the inventory as a pending proceeding and give it a case number.

(2) If any mortgage banker or mortgage broker refuses to permit the director to take possession under this section, the director may apply to the circuit court of the county in which the principal place of business of the mortgage banker or mortgage broker is located for an order appointing a receiver, who may be the director, to take possession.

(3) If the deficiency in assets or capital has not been made good or the unsound condition remedied within 60 days from the date when the director or receiver took possession, the property, business and assets of the mortgage banker or mortgage broker located in this state shall be liquidated. If a receiver has not been appointed, the director shall apply for such appointment by the court in which the inventory was filed. The liquidation shall proceed as provided by law for liquidation of a private corporation in receivership.

(4) The expenses of the receiver and compensation of counsel, as well as all expenditures required in the liquidation proceedings, shall be fixed by the director, subject to the approval of the court, and, upon certification by the director, shall be paid out of the funds in the hands of the director as such receiver. [Formerly 59.895]

Source: Section 86A.133 — Procedures where assets or capital of mortgage banker or mortgage broker found impaired; involuntary liquidation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.252 — OR Code / Title 9 / Chapter 87 / Section 87.252
87.252 Notice to owner and holders of security interests
Status: in_force

(1) When a lien claimant files a notice of claim of lien as required by ORS 87.242 (Filing notice of claim of lien) , the lien claimant shall send forthwith a copy of the notice to the owner of the chattel to be charged with the lien by registered or certified mail sent to the owner at the owner’s last-known address.

(2) When a lien claimant files a notice of claim of lien as required by ORS 87.242 (Filing notice of claim of lien) , the lien claimant shall send a copy of the notice to all holders of security interests in the chattel to be charged with the lien who duly perfected such security interests by filing notice thereof with the Secretary of State. The notice shall be mailed to holders of perfected security interests within 30 days after the date of filing.

(3) No costs, disbursements or attorney fees otherwise allowable as provided by ORS 87.336 (Costs and attorney fees in foreclosure by suit) shall be allowed to any party failing to comply with subsections (1) and (2) of this section.

(4) If the total amount of a lien under ORS 87.226 (Agricultural services lien) exceeds $20,000, that part of the lien exceeding $20,000 is subordinate to any security interest in the crops, animals or proceeds to be charged with the lien, if:

(a) The holder of the security interest does not receive notice because of the lien claimant’s failure to comply with subsection (2) of this section; and

(b) The holder of the security interest duly perfects the interest before the date on which the lien claimant files a notice of claim of lien. [1975 c.648 §23; 1985 c.469 §5; 1993 c.352 §1; 2001 c.301 §8]

Source: Section 87.252 — Notice to owner and holders of security interests; effect of failure to comply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 88.106 — OR Code / Title 9 / Chapter 88 / Section 88.106
88.106 Sale and redemption
Status: in_force

A judgment of foreclosure shall order the mortgaged property sold. Property sold on execution issued upon a judgment may be redeemed in like manner and with like effect as property sold at an execution sale pursuant to ORS 18.860 (Function of writ) to 18.993 (Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure) , and not otherwise. A sheriff’s deed for property sold on execution issued upon a judgment shall have the same force and effect as a sheriff’s deed issued for property sold at an execution sale pursuant to ORS 18.860 (Function of writ) to 18.993 (Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure) . [Formerly 88.080]

Source: Section 88.106 — Sale and redemption; effect of sheriff’s deed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html (accessed May 26, 2025).
ORS § 87.152 — OR Code / Title 9 / Chapter 87 / Section 87.152
87.152 Possessory lien for labor or material expended on chattel
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section, a person that makes, alters, repairs, transports, stores, pastures, cares for, provides services for, supplies materials for or performs labor on a chattel at the request of the owner or lawful possessor of the chattel has a lien on the chattel in the possession of the person for the reasonable or agreed charges for labor, materials or services of the person, and the person may retain possession of the chattel until the charges are paid.

(2) Intentionally left blank —Ed.

(a) Except as provided in subsection (3) of this section, a person may not create, attach, assert or claim a possessory lien on a motor vehicle, as defined in ORS 801.360 (“Motor vehicle.”) , unless the person performs a service that complies with ORS 646A.480 (Definitions for ORS 646A.480 to 646A.495) to 646A.495 (Owner designee) and that involves making, altering, repairing, transporting, storing, providing services for, supplying material for or performing labor in connection with the motor vehicle and the person:

(A) Is a franchised motor vehicle dealership, as defined in ORS 650.120 (Definitions for ORS 650.120 to 650.170) (5), or a manufacturer, as defined in ORS 650.120 (Definitions for ORS 650.120 to 650.170) , of the motor vehicle;

(B) Holds a towing business certificate that the Department of Transportation issued under ORS 822.205 (Certificate) , provided that the person creates, attaches, asserts or claims a possessory lien only for transporting or storing the motor vehicle; or

(C) Creates, attaches, asserts or claims the lien against an abandoned motor vehicle.

(b) A person, other than a person that is described in paragraph (a)(A), (B) or (C) of this subsection, shall have in effect a surety bond or irrevocable letter of credit in the amount of $20,000 before, and shall maintain the surety bond or irrevocable letter of credit during, any period in which the person creates, attaches, asserts or claims a possessory lien on a motor vehicle after making, altering, repairing, transporting, storing, performing services for, supplying materials for or performing labor in connection with the motor vehicle.

(c) Intentionally left blank —Ed.

(A) The surety bond and the irrevocable letter of credit described in paragraph (b) of this subsection must be issued, respectively, by a corporate surety that is authorized to transact business in this state and by a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) . The corporate surety or the financial institution, as appropriate, shall notify the Department of Transportation of any cancellation of the surety bond or irrevocable letter of credit. The corporate surety remains liable under the surety bond and the financial institution remains obligated under the irrevocable letter of credit until the department receives the notice or until the date of cancellation specified in the notice, whichever is later.

(B) A surety bond or irrevocable letter of credit described in paragraph (b) of this subsection must be:

(i) Executed to the State of Oregon;

(ii) Approved by the Attorney General as to form;

(iii) Filed with and held by the department; and

(iv) Conditioned such as to compensate parties damaged as a result of a use of a possessory lien in connection with a misrepresentation, a fraud or a violation of a duty set forth in ORS 646A.480 (Definitions for ORS 646A.480 to 646A.495) to 646A.495 (Owner designee) .

(C) The person described in paragraph (b) of this subsection as subject to the requirement to have in effect a surety bond or irrevocable letter of credit must certify in writing to the department each year that the surety bond or irrevocable letter of credit remains in effect. If another person obtains a recovery against the surety bond or irrevocable letter of credit, the person shall file with the department not later than three business days after the date of the recovery a new surety bond or irrevocable letter of credit in the amount specified in paragraph (b) of this subsection.

(3) Intentionally left blank —Ed.

(a) As used in this subsection:

(A) “Auction company” means an entity:

(i) That operates throughout the United States;

(ii) That holds a vehicle dealer certificate that the Department of Transportation issued under ORS 822.020 (Issuance and renewal of certificate) , or a dismantler certificate that the department issued or renewed under ORS 822.110 (Dismantler certificate) or 822.125 (Privileges granted by certificate) ; and

(iii) The primary activity of which, in this state, consists of disposing of totaled motor vehicles.

(B) “Motor vehicle” has the meaning given that term in ORS 801.360 (“Motor vehicle.”) .

(b) An auction company has a lien on a motor vehicle that the auction company possesses and stored on premises the auction company owns or controls. The auction company may title the motor vehicle in the name of:

(A) The auction company, if the motor vehicle has remained unclaimed on the auction company’s premises for more than 30 days;

(B) The insurance company that directed the auction company to take possession of the motor vehicle; or

(C) An organization with an exemption from taxation under section 501(c)(3) of the Internal Revenue Code that directed the auction company to take possession of the motor vehicle.

(c) ORS 87.166 (Attachment of liens) and 87.172 (Time period before foreclosure allowed) to 87.212 (Liability for improper sale of fungible chattels) do not apply to chattel that is subject to this subsection.

(4) Intentionally left blank —Ed.

(a) The owner of a motor vehicle may bring an action to recover from a person that refuses, at the owner’s demand and without a valid possessory lien created and attached as provided in subsection (2) or (3) of this section, to release the owner’s motor vehicle or restore to the owner title to the owner’s motor vehicle if the person changed the title:

(A) The greater of $2,000 or an amount equivalent to twice the value of the motor vehicle, up to a maximum amount of $20,000; and

(B) The owner’s reasonable costs and attorney fees.

(b) In addition to the recovery described in paragraph (a) of this subsection, the owner may obtain:

(A) A judgment that:

(i) Directs the Department of Transportation to restore title to the motor vehicle to the owner and to invalidate the title the person obtained; or

(ii) Extinguishes the person’s interest in the motor vehicle and directs the department to issue title in the name of the plaintiff in the action;

(B) A judgment that declares that the person’s lien is invalid if the person obtained title to the motor vehicle without complying with this section; and

(C) Reimbursement for any fees the owner pays to the department to reissue the title. [1975 c.648 §3; 2018 c.58 §1; 2019 c.56 §§1,2; 2019 c.344 §1; 2021 c.218 §1; 2023 c.400 §36]

Source: Section 87.152 — Possessory lien for labor or material expended on chattel; requirement for surety bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.346 — OR Code / Title 9 / Chapter 87 / Section 87.346
87.346 Filing certificate of lien satisfaction upon payment of claim
Status: in_force

(1) When a person claiming 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) receives full payment of the claim including costs of making, filing and recording the lien and expenses incurred in commencing to foreclose it, the person shall file with the Secretary of State or the recording officer of the county in which the claim of lien is recorded a certificate declaring that full payment has been received from the lien debtor and that the claim of lien is discharged.

(2) Upon receiving the certificate, the Secretary of State or recording officer shall enter it in full length in the index of liens upon chattels.

(3) If any lien claimant, after full payment of the claim, within 10 days after being requested thereto, fails to discharge the claim of lien, the person is liable to the owner of the chattel formerly subject to the lien in the sum of $100 damages and for all actual damages caused by the failure of the lien claimant to discharge the claim of lien. The owner of the chattel shall recover those damages by an action at law.

(4) Upon the expiration of the 18-month time period allowed by ORS 87.266 (Duration of liens) (2) for filing either a suit to foreclose or a proceeding under ORS 87.272 (Petition for foreclosure without suit) to 87.306 (Foreclosure by sale without suit) to foreclose a lien created by ORS 87.226 (Agricultural services lien) , the owner of chattels subject to a claim of lien that has ceased to exist pursuant to ORS 87.266 (Duration of liens) (2) may file with the Secretary of State a notarized certificate indicating:

(a) The date and location where the claim of lien was filed with the Secretary of State;

(b) That the lien has expired and is discharged because no suit to foreclose or proceeding under ORS 87.272 (Petition for foreclosure without suit) to 87.306 (Foreclosure by sale without suit) has been initiated with respect to such lien claim; and

(c) That the person filing such certificate has personally contacted the clerk of the circuit court in such county to determine that no suit to foreclose or proceeding under ORS 87.272 (Petition for foreclosure without suit) to 87.306 (Foreclosure by sale without suit) has been filed prior to the expiration of the time period set forth in ORS 87.266 (Duration of liens) (2).

(5) Within 10 days after filing a certificate under subsection (4) of this section, the person filing the certificate shall mail or deliver a true copy thereof to all persons having perfected security interests under ORS chapter 79 in the chattel which is the subject of the lien to which the certificate applies. [1975 c.648 §40; 1985 c.469 §7; 1987 c.297 §3; 1995 c.658 §67; 2001 c.301 §9]

Source: Section 87.346 — Filing certificate of lien satisfaction upon payment of claim; liability for failure to discharge lien; notice of discharge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.470 — OR Code / Title 9 / Chapter 86 / Section 86.470
86.470 Discharge, assignment and foreclosure of mortgages on chattels registered and licensed by Department of Transportation
Status: in_force

The recording officer of counties having less than 50,000 population on the last day of each calendar month, and the recording officer of counties having more than 50,000 population on the last day of each calendar week, shall notify the Department of Transportation, upon forms to be provided by the department, of the partial or full satisfaction, assignment or foreclosure during such period of all mortgages theretofore certified to the department prior to September 1, 1963, as formerly provided in ORS 86.390. The notice shall completely identify the mortgage so satisfied, assigned or foreclosed; and the department thereupon shall note on each index margin such satisfaction, assignment or foreclosure. [Amended by 1961 c.726 §408]

INVESTMENTS; FEDERAL HOUSING ADMINISTRATION

Source: Section 86.470 — Discharge, assignment and foreclosure of mortgages on chattels registered and licensed by Department of Transportation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.764 — OR Code / Title 9 / Chapter 86 / Section 86.764
86.764 Notice of sale for certain persons
Status: in_force

(1) After recording a notice of default as provided in ORS 86.752 (Foreclosure by advertisement and sale) and at least 120 days before the day the trustee conducts the sale, notice of the sale with the contents described in ORS 86.771 (Contents of notice of sale) must be served pursuant to ORCP 7 D(2) and 7 D(3) or mailed by both first class and certified mail with return receipt requested.

(2) The notice described in subsection (1) of this section must be served or mailed to all addresses on file with the trustee for the following persons or the legal representatives of the persons, including post office boxes:

(a) The grantor in the trust deed.

(b) Any successor in interest to the grantor whose interest appears of record, or of whose interest the trustee or the beneficiary has actual notice.

(c) Any person, including the Department of Revenue or another state agency, that has a lien or interest subsequent to the trust deed if the lien or interest appears of record or the beneficiary has actual notice of the lien or interest.

(d) A person that requests notice as provided in ORS 86.806 (Requests for copies of notice of default or notice of sale) .

(3) A notice served by mail under subsection (1) of this section is effective when the notice is mailed.

(4) Intentionally left blank —Ed.

(a) The disability, insanity or death of a person to whom the notice required under this section must be given does not delay or impair in any way the trustee’s right under a trust deed to foreclose under the deed. If the disability, insanity or death occurs before the notice of default is recorded, the notice required under this section must be given instead to the guardian, the conservator of the estate of the person or the administrator or personal representative of the person in the manner and by the time set forth in this section.

(b) If the disability, insanity or death of a person to whom the notice required under this section must be given occurs on or after the notice of default is recorded, the trustee shall, if and when the trustee has knowledge of the disability, insanity or death, promptly give the guardian, the conservator of the estate or the administrator or personal representative the required notice by sending the notice by first class and certified mail with return receipt requested to all addresses on file with the trustee for the guardian, conservator or administrator or personal representative, including post office boxes.

(c) If there is no administrator or personal representative of the estate of the person to whom the notice required under this section must be given, the notice may be given instead to the heirs at law or devisees of the deceased person in the manner and by the time set forth in this section.

(5) If the owner of real property subject to foreclosure dies and the real property is also subject to a transfer on death deed, as provided by ORS 93.948 (URPTDA 1. Short title) to 93.979 (Relation to Electronic Signatures in Global and National Commerce Act) , the notice required under this section must be given to the beneficiary designated under the transfer on death deed. [Formerly 86.740; 2017 c.251 §6]

Source: Section 86.764 — Notice of sale for certain persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.195 — OR Code / Title 9 / Chapter 86a / Section 86a.195
86A.195 Restrictions on negative amortization loans
Status: in_force

(1) Intentionally left blank —Ed.

(a) As used in this section, “negative amortization loan” means a mortgage loan or mortgage banking loan that is structured in such a way that a borrower in any period may make a scheduled loan payment that is insufficient to pay accruing interest.

(b) “Negative amortization loan” does not include:

(A) A loan commonly known as a bridge loan, the terms of which specify that:

(i) The maturity period for the loan is less than 18 months; and

(ii) The borrower may pay only interest until a time when the entire unpaid loan balance is due and payable.

(B) A mortgage loan in which:

(i) The principal amount is not more than $50,000; and

(ii) The combined loan to value ratio between all mortgage loans that are secured by the same property and the value of the securing property is not more than 50 percent.

(C) A loan commonly known as a reverse mortgage, the terms of which specify that the loan:

(i) Is a non-recourse loan secured by real property;

(ii) Provides cash advances to the borrower based on the equity or value in the borrower’s owner-occupied principal residence;

(iii) Requires no payment of principal or interest until the entire loan becomes due and payable; and

(iv) Is made by a mortgage lender licensed in this state or licensed under the laws of the United States.

(D) A loan commonly known as a home equity line of credit, in which:

(i) The amounts borrowed and the interest and other charges are debited to an account that is secured by an interest in real estate;

(ii) Interest on the account is computed periodically;

(iii) The borrower has the right to pay in full at any time without penalty or to pay in installments that are specified in the loan agreement; and

(iv) The lender agrees to permit a borrower from time to time to borrow money, with the maximum limit on the amount of each borrowing established by the loan agreement.

(2) A mortgage banker, mortgage broker or mortgage loan originator may not negotiate or make, or offer to negotiate or make, a negative amortization loan without regard to the borrower’s repayment ability at the time the loan is made, including the borrower’s current and reasonably expected income, employment, assets other than the collateral, current obligations and mortgage related obligations. The mortgage banker, mortgage broker or mortgage loan originator shall verify the income and assets of the borrower that will be relied on to evaluate the borrower’s repayment ability. The borrower’s repayment ability must be evaluated and the borrower’s income and assets must be verified in a manner that is consistent with the requirements of 12 C.F.R. 226.34, as promulgated on January 1, 2010.

(3) A negative amortization loan may not contain a prepayment penalty beyond the first 24 months after the date on which the loan is made.

(4) A creditor may not collect a prepayment penalty on an existing negative amortization loan in return for or as a consequence of refinancing or providing funds to refinance the negative amortization loan. [2009 c.603 §2; 2009 c.863 §38]

Source: Section 86A.195 — Restrictions on negative amortization loans; verification of borrower income; prepayment penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.300 — OR Code / Title 9 / Chapter 86a / Section 86a.300
86A.300 Short title
Status: in_force

ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) may be cited as the Mortgage Loan Servicer Practices Act. [2017 c.636 §1]

Source: Section 86A.300 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.992 — OR Code / Title 9 / Chapter 86a / Section 86a.992
86A.992 Civil penalties for violations of ORS 86A.095 to 86A.198
Status: in_force

(1) In addition to all other penalties and enforcement provisions provided by law, any person who violates or who procures, aids or abets in the violation of 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 of the Department of Consumer and Business Services shall be subject to a penalty of not more than $5,000 for every violation, which shall be paid to the General Fund of the State Treasury.

(2) Notwithstanding subsection (1) of this section, a person who fails to submit a report required under ORS 86A.112 (Licensees to keep records) (3) on the date specified is subject to a penalty of not more than $100 per day for each day after the specified date during which the failure continues.

(3) Every violation is a separate offense and, in the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any continuing violation shall not exceed $20,000 for each offense.

(4) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures) . [Formerly 59.996]

Source: Section 86A.992 — Civil penalties for violations of ORS 86A.095 to 86A.198 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.030 — OR Code / Title 9 / Chapter 87 / Section 87.030
87.030 Effect of owner’s knowledge of improvement
Status: in_force

(1) Every improvement except an improvement made by a person other than the landowner in drilling or boring for oil or gas, constructed upon lands with the knowledge of the owner shall be deemed constructed at the instance of the owner, and the interest owned shall be subject to any lien perfected pursuant to 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) , unless the owner shall, within three days after the owner obtains knowledge of the construction, give notice that the owner will not be responsible for the same by posting a notice in writing to that effect in some conspicuous place upon the land or the improvement situated thereon.

(2) Subsection (1) of this section does not apply to a lien prohibited under ORS 87.037 (Prohibition against claim of lien) . [Amended by 1975 c.466 §9; 1987 c.662 §5; 2007 c.648 §9]

Source: Section 87.030 — Effect of owner’s knowledge of improvement; notice of nonresponsibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.689 — OR Code / Title 9 / Chapter 87 / Section 87.689
87.689 Notice of foreclosure and sale
Status: in_force

(1) An owner may foreclose a lien created by ORS 87.687 (Self-service storage facility owner’s possessory lien) upon the occupant’s default.

(2) Before an owner may foreclose by sale a lien created by ORS 87.687 (Self-service storage facility owner’s possessory lien) , the owner shall notify the occupant of the foreclosure and sale by sending registered or certified mail or other verified mail to the occupant’s last known address or by sending electronic mail to the occupant’s last known address.

(3) A notice provided under this section must include:

(a) An itemized statement of the owner’s claim that shows the sum due on the date of the notice.

(b) An identification of the specific individual storage space that the occupant rented at the self-service storage facility.

(c) A statement that denies the occupant access to the occupant’s personal property stored at the self-service storage facility, if the terms of the rental agreement allow the owner to deny access.

(d) A demand for payment within a specified time that is not earlier than 30 days after the default.

(e) A conspicuous statement that declares that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale and will be sold at a specified time and place.

(f) The name, street address and telephone number of the owner or the owner’s designated agent whom the occupant may contact to respond to the notice.

(4) Any notice given under this section is presumed delivered if the notice is properly addressed with postage prepaid and is deposited with the United States Postal Service or if the owner has a record or other evidence that shows that the owner sent the notice to an electronic mail address that the occupant designated in the rental agreement for receiving electronic mail. [1997 c.374 §4; 2013 c.209 §5]

Source: Section 87.689 — Notice of foreclosure and sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.214 — OR Code / Title 9 / Chapter 87 / Section 87.214
87.214 Disposal of property left with launderer or dry cleaner
Status: in_force

Notwithstanding any provision of ORS 87.172 (Time period before foreclosure allowed) to 87.212 (Liability for improper sale of fungible chattels) :

(1) If a garment or article left with a retail launderer or retail dry cleaner for laundering, dry cleaning or other service is not redeemed by the customer within 180 days, the launderer or dry cleaner may, without any liability or responsibility for the article or garment, dispose of the article or garment in any manner suitable to the launderer or dry cleaner.

(2) A retail launderer or retail dry cleaner subject to this section shall post a notice describing the provisions of this section in a conspicuous place on the premises of the launderer or dry cleaner. The notice shall contain a citation to this section and shall be substantially the same as the following language:

As specified in ORS 87.214 (Disposal of property left with launderer or dry cleaner) , any garment, article, clothing, wearing apparel, leather garment, fur coat or garment, curtain, drapery, rug, carpet or household furnishing delivered to a launderer or dry cleaner for dry cleaning, dyeing, pressing, laundering, altering or other service, that is not picked up within 180 days after the date it was delivered, may be disposed of in any manner suitable to the launderer or dry cleaner.

[1991 c.591 §1]

Note: 87.214 (Disposal of property left with launderer or dry cleaner) 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 87.214 — Disposal of property left with launderer or dry cleaner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.130 — OR Code / Title 9 / Chapter 86a / Section 86a.130
86A.130 Enjoining violations
Status: in_force

(1) Whenever the Director of the Department of Consumer and Business Services has reasonable cause to believe that a person has been engaged or is engaging in any violation of 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, the director may bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the violation and to enforce compliance with any provision of ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) or such rule or order. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The court may fine the person against whom the order is entered not more than $5,000 for each violation, which shall be entered as a judgment and paid to the General Fund of the State Treasury. Each violation is a separate offense. In the case of a continuing violation, each day’s continuance is a separate violation, but the maximum penalty for any continuing violation shall not exceed $20,000 for each offense. If the court finds that the defendant has violated any provision of ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) or any such rule or order, the court may appoint a receiver, who may be the director, for the defendant or the defendant’s assets. The court may not require the director to post a bond. The court may award reasonable attorney fees to the director if the director prevails in an action under this section. The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the director had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

(2) The director may include in any action authorized by subsection (1) of this section:

(a) A claim for restitution or damages under ORS 86A.151 (Liability of person that employs mortgage loan originator) on behalf of the persons injured by the act or practice constituting the subject matter of the action. The court shall have jurisdiction to award appropriate relief to such persons, if the court finds that enforcement of the rights of such persons by private civil action, whether by class action or otherwise, would be so burdensome or expensive as to be impractical; or

(b) A claim for disgorgement of illegal gains or profits derived. Any recovery under this paragraph shall be turned over to the General Fund of the State Treasury unless the court requires other disposition. [Formerly 59.890]

Source: Section 86A.130 — Enjoining violations; fine; appointment of receiver; attorney fees; damages to private parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.112 — OR Code / Title 9 / Chapter 86a / Section 86a.112
86A.112 Licensees to keep records
Status: in_force

(1) A mortgage banker or mortgage broker shall make and keep accounts, correspondence, memoranda, papers, books and other records that the Director of the Department of Consumer and Business Services by rule or order prescribes. The mortgage banker or mortgage broker shall preserve the records for five years unless the director by rule prescribes otherwise. The director may examine the records within or outside this state at any reasonable time or times and may require without subpoena the production of the records at the office of the director as often as is reasonably necessary.

(2) A mortgage banker or mortgage broker shall file financial reports or other information that the director by rule or order requires and shall promptly correct a document filed with the director that is or becomes incomplete or inaccurate in any material respect.

(3) On or before May 1 of each year or on a date the director establishes by rule, a mortgage banker or mortgage broker shall file a report with the director in a form prescribed by the director. The report shall contain information the director requires concerning the mortgage banker’s or mortgage broker’s business and operations related to residential mortgage lending during the preceding calendar year. The information shall include the number and nature of loans originated by mortgage loan originators that the mortgage banker or mortgage broker employed.

(4) The report and any records submitted to the director under this section are exempt from disclosure or production and are confidential as provided under ORS 705.137 (Information that is confidential or not subject to disclosure) .

(5) Notwithstanding the exemption and confidentiality provisions of subsection (4) of this section, the director may abstract information contained in reports submitted under subsection (3) of this section and may make the abstracted information available for public inspection provided that the abstracted information does not identify a particular mortgage banker or mortgage broker as a source of the information. [Formerly 59.860]

Source: Section 86A.112 — Licensees to keep records; inspection; filing financial reports; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.282 — OR Code / Title 9 / Chapter 87 / Section 87.282
87.282 Waiver of right to hearing before filing of petition
Status: in_force

The court shall order that the lien claimant’s lien be foreclosed by advertisement and sale if the court finds:

(1) That the lien debtor, by conspicuous words in a writing executed by or on behalf of the lien debtor before filing of the petition under ORS 87.272 (Petition for foreclosure without suit) or by handwriting of the lien debtor or the lien debtor’s agent executed before filing of the petition under ORS 87.272 (Petition for foreclosure without suit) , has declared substantially that the lien debtor is aware of the right to notice and hearing on the question of the probable validity of the underlying lien claim before the lien debtor can be deprived of the property in the possession or control of the lien debtor or in the possession or control of another and that the lien debtor waives that right and agrees that the lien claimant, or one acting on behalf of the lien claimant, may take possession or control of the chattel subject to the lien without first giving notice and opportunity for hearing on the probable validity of the underlying lien claim;

(2) That there is no reason to believe that the waiver or agreement is invalid; and

(3) That the lien debtor has voluntarily, intelligently and knowingly waived that right. [1975 c.648 §29]

Source: Section 87.282 — Waiver of right to hearing before filing of petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.722 — OR Code / Title 9 / Chapter 86 / Section 86.722
86.722 Correction of error concerning status or effect of trust deed
Status: in_force

(1) To correct an error concerning the status or effect of a recorded trust deed, a person may present an instrument to the county clerk for recording in the deed and mortgage records of the county, and the county clerk shall record the instrument if it otherwise meets the requirements for an instrument to be recorded under ORS chapter 205 and is in substantially the following form:

CORRECTION OF ERROR(S)

( ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) )

This instrument is recorded to provide notice of an error relating to:

Original Deed of Trust

County clerk instrument record #:

Grantor (name):

Trustee (name):

Beneficiary (name):

Assignee(s), if any (name(s)):

The error to be corrected is (check one):

[ ] Erroneous reconveyance

of trust deed

Date of recording:

County clerk instrument record #:

[ ] Erroneous recording of

Trustee’s Deed

Date of recording:

County clerk instrument record #:

The result of this error correction is (check one): [ ] The original trust deed is hereby reinstated; or [ ] The Trustee’s Deed is hereby set aside as though the erroneous instrument had not been recorded.

Date _____

Name (printed) _________

Signature _________

STATE OF OREGON )

) ss.

County of _____ )

The foregoing instrument was acknowledged before me this ___ day of ________, 2___, by ________.

____________

Notary Public for Oregon

My commission expires: ______

STATE OF OREGON )

) ss.

County of _____ )

The foregoing instrument was acknowledged before me this ___ day of ________, 2___, by ________ and by ______ of ________, a corporation on behalf of the corporation.

_______________

Notary Public for Oregon

My commission expires: ______

(2) Reinstatement of a trust deed based on the correction of an error under this section does not affect the rights of a bona fide purchaser for value or of a bona fide purchaser for value holding a security interest in the real property if the purchaser acquired an interest after the erroneous trust deed reconveyance or trustee’s deed was recorded and before the error was corrected. [2009 c.628 §3]

Source: Section 86.722 — Correction of error concerning status or effect of trust deed; rights of bona fide purchaser , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.057 — OR Code / Title 9 / Chapter 87 / Section 87.057
87.057 Notice of intent to foreclose
Status: in_force

(1) A person intending to foreclose a lien shall deliver to the owner of the property upon which the lien is claimed and to the mortgagee a notice in writing not later than 10 days prior to commencement of the suit stating that such person, or others, intends to commence suit to foreclose the lien. Notice delivered to the mortgagee who received the notice required by ORS 87.025 (Priority of perfected liens) shall be deemed in compliance with this subsection, unless the person giving notice has actual knowledge of a change of mortgagee.

(2) Where a notice of intent to foreclose a lien has been given as provided by subsection (1) of this section, the sender of the notice upon demand of the owner shall furnish to the owner within five days after the demand a list of the materials and supplies with the charge therefor, or a statement of a contractual basis for the owner’s obligation, for which a claim will be made in the suit to foreclose.

(3) A plaintiff or cross-complainant seeking to foreclose a lien in a suit to foreclose shall plead and prove compliance with subsections (1) and (2) of this section. 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 the provisions of this section. [1975 c.466 §15; 1987 c.662 §11]

Source: Section 87.057 — Notice of intent to foreclose; list of materials furnished and statement of prices; effect of failure to give notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.270 — OR Code / Title 9 / Chapter 86 / Section 86.270
86.270 ORS 86.205 to 86.275 inapplicable to certain loan agreements
Status: in_force

ORS 86.205 (Definitions for ORS 86.205 to 86.275) to 86.275 (Severability) shall not apply to a real estate loan agreement which is serviced or held for sale within one year by a mortgage servicing company neither affiliated with nor owned in whole or in part by the purchaser and which is made, extended or held by a purchaser whose principal place of business is outside this state; provided that if the purchaser requires a lender’s security protection provision, prior to entering into such agreement, the mortgage servicing company shall furnish the borrower a statement in writing, which may be set forth in the loan application, that the mortgage servicing company is not required by the laws of this state to pay interest on the lender’s security protection provision, and specifically informing the borrower why the borrower is not entitled to interest on the account. [1975 c.337 §15]

Source: Section 86.270 — ORS 86.205 to 86.275 inapplicable to certain loan agreements; notice to borrower , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.118 — OR Code / Title 9 / Chapter 86a / Section 86a.118
86A.118 Action against applicant or licensee for act or omission of associate
Status: in_force

The Director of the Department of Consumer and Business Services may enter an order against the applicant or licensee under ORS 86A.115 (Grounds for denying, suspending, conditioning or revoking license) if any partner, officer or director of a mortgage banker or mortgage broker, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the mortgage banker or mortgage broker has been guilty of any act or omission which would be cause for denying, suspending or revoking the license of an individual mortgage banker or mortgage broker. This section shall not apply to ORS 86A.115 (Grounds for denying, suspending, conditioning or revoking license) (1). [Formerly 59.870]

Source: Section 86A.118 — Action against applicant or licensee for act or omission of associate; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.172 — OR Code / Title 9 / Chapter 86a / Section 86a.172
86A.172 Advisory committee
Status: in_force

Before adopting rules 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 appoint and shall consider the suggestions of an advisory committee that represents the interests of persons that the rules will likely affect. The director may also use other means to obtain public views to assist the director in adopting the rules. [Formerly 59.960; 2011 c.351 §1]

Source: Section 86A.172 — Advisory committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.146 — OR Code / Title 9 / Chapter 87 / Section 87.146
87.146 Priorities of liens
Status: in_force

(1) Except as provided in subsection (2) of this section:

(a) Liens created by ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) have priority over all other liens, security interests and encumbrances on the chattel subject to the lien, except that taxes and duly perfected security interests existing before chattels sought to be subjected to a lien created by ORS 87.162 (Landlord’s lien) are brought upon the leased premises have priority over that lien.

(b) Liens created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) to 87.232 (Fishing lien and fish worker’s lien) have equal priority. When a judgment is given foreclosing two or more liens created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) to 87.232 (Fishing lien and fish worker’s lien) upon the same chattel, the debts secured by those liens shall be satisfied pro rata out of the proceeds of the sale of the property.

(c) With regard to the same 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) has priority over a nonpossessory chattel lien created by any other law.

(d) With regard to the same chattel, a lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) is junior and subordinate to a duly perfected security interest in existence when the notice of claim of such lien is filed under ORS 87.242 (Filing notice of claim of lien) .

(e) With regard to the same chattel, a lien created by ORS 87.222 (Logger’s, woodworker’s and timberland owner’s lien) to 87.232 (Fishing lien and fish worker’s lien) has priority over a security interest created under ORS chapter 79.

(2) Intentionally left blank —Ed.

(a) A personal property tax lien, a chattel lien claimed by the State of Oregon, its agencies or any political subdivision thereof, and a chattel lien claimed by a state officer or employee during the course of official duty pursuant to law have priority over a lien created by ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) and 87.216 (Nonpossessory lien for labor or material expended on chattel) to 87.232 (Fishing lien and fish worker’s lien) .

(b) A duly perfected security interest of a lessor in any portion of crops or animals to pay or secure payment of rental of the premises upon which those crops or animals are grown, not to exceed 50 percent of those crops or animals, shall not be subject to the lien created by ORS 87.226 (Agricultural services lien) . [1975 c.648 §2; 2003 c.576 §335]

Source: Section 87.146 — Priorities of liens , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.705 — OR Code / Title 9 / Chapter 87 / Section 87.705
87.705 Agricultural produce lien
Status: in_force

(1) An agricultural producer that delivers or transfers agricultural produce for consideration to a purchaser has a lien for the contract price of that produce, or for the reasonable value of the produce if there is no contract price. The lien created by this section attaches to all agricultural produce, whether in a raw or processed condition, delivered or transferred to the purchaser by any agricultural producer and to all other inventory of the purchaser. The lien also attaches to proceeds received by the purchaser from the sale by the purchaser to a third party of any raw or processed agricultural produce. If the agricultural produce that an agricultural producer delivers to the purchaser consists of meat animals, the lien also attaches to all accounts receivable by the purchaser from the sale of any agricultural produce to a third party. The lien on the agricultural produce, inventory, proceeds or accounts receivable attaches on the date physical possession of the agricultural produce is delivered or transferred by the agricultural producer to the purchaser or an agent of the purchaser.

(2) An agricultural producer that claims a lien under subsection (1) of this section need not file any notice in order to perfect the lien. The agricultural producer must file a notice of lien as provided in ORS 87.710 (Filing notice of lien) or a notice of claim of lien as provided in ORS 87.242 (Filing notice of claim of lien) to extend the lien beyond the normal expiration date.

(3) The lien created by this section is subject to the provisions of ORS 79.0320 (UCC 9-320. Buyer of goods) (1).

(4) An agreement by an agricultural producer purporting to waive the right to file notice under ORS 87.242 (Filing notice of claim of lien) or 87.710 (Filing notice of lien) of a lien created by this section is void as contrary to public policy. [1973 c.647 §3; 1975 c.648 §53; 1999 c.612 §2; 2001 c.301 §11; 2007 c.71 §21; 2011 c.359 §2]

Source: Section 87.705 — Agricultural produce lien; date lien attaches , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.302 — OR Code / Title 9 / Chapter 87 / Section 87.302
87.302 Authority of court on sustaining validity of lien claim
Status: in_force

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

Source: Section 87.302 — Authority of court on sustaining validity of lien claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.620 — OR Code / Title 9 / Chapter 86 / Section 86.620
86.620 Investment of funds of financial institutions, fiduciaries and others in bonds and mortgages accepted by Federal Housing Administration, debentures issued thereby, and obligations of national mortgage associations
Status: in_force

Financial institutions as defined in ORS 706.008 (Additional definitions for Bank Act) , trustees, guardians, conservators, executors, administrators, other fiduciaries and all other persons, associations and corporations, subject to the laws of this state, may invest their funds, and the money in their custody or possession, eligible for investment, in bonds and mortgages on real property insured by the Federal Housing Administration, in debentures issued by the Federal Housing Administration, and in obligations of national mortgage associations. [Amended by 1967 c.359 §679; 1973 c.823 §94; 1997 c.631 §387; 2019 c.13 §22]

Source: Section 86.620 — Investment of funds of financial institutions, fiduciaries and others in bonds and mortgages accepted by Federal Housing Administration, debentures issued thereby, and obligations of national mortgage associations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.080 — OR Code / Title 9 / Chapter 86 / Section 86.080
86.080 Record of assignment not notice to mortgagor
Status: in_force

The recording of the assignment of a mortgage is not of itself notice of such assignment to the mortgagor, or the heirs or personal representatives of the mortgagor, so as to invalidate a payment made by any of them to the mortgagee.

Source: Section 86.080 — Record of assignment not notice to mortgagor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.236 — OR Code / Title 9 / Chapter 87 / Section 87.236
87.236 Attachment of liens
Status: in_force

(1) The liens created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) to 87.232 (Fishing lien and fish worker’s lien) attach to the chattels described in those sections.

(2) The liens created by ORS 87.222 (Logger’s, woodworker’s and timberland owner’s lien) and 87.232 (Fishing lien and fish worker’s lien) shall also attach to the proceeds of the sale of the chattels subject to those liens if:

(a) Prior to the filing of the notice of claim of lien, the chattels or any part thereof are sold or delivered to an agent, broker, cooperative agency or other person to be sold or otherwise disposed of; and

(b) At the time the purchaser, agent, broker, cooperative agency or other person is notified of the filing of the claim of lien by delivery of a true copy thereof, the proceeds that were received or will be received from the sale or other disposal of the chattels have not been delivered to the owner of the chattels.

(3) When a lien created by ORS 87.222 (Logger’s, woodworker’s and timberland owner’s lien) to 87.232 (Fishing lien and fish worker’s lien) attaches to the proceeds of the sale of chattels under subsection (2) of this section, a purchaser, agent, broker, cooperative agency or other person shall not deliver the proceeds or that portion of the proceeds equal to the amount of the lien claim to the owner until:

(a) The time specified by ORS 87.266 (Duration of liens) during which a suit to foreclose the lien must be commenced elapses;

(b) A court orders the delivery of the proceeds; or

(c) A certificate is recorded under ORS 87.346 (Filing certificate of lien satisfaction upon payment of claim) declaring that the claim of lien is discharged. [1975 c.648 §20; 1981 c.674 §1; 1985 c.469 §3]

Source: Section 87.236 — Attachment of liens; attachment to proceeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.732 — OR Code / Title 9 / Chapter 86 / Section 86.732
86.732 Attendance at resolution conference
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a beneficiary that must request a resolution conference with a grantor under ORS 86.726 (Resolution conference for foreclosure) shall attend and participate in the resolution conference in person or by remote audio or video communication.

(b) Intentionally left blank —Ed.

(A) A beneficiary may send an agent to the resolution conference if the agent attends the resolution conference in person or by remote audio or video communication and the agent has complete authority to negotiate on the beneficiary’s behalf and commit the beneficiary to a foreclosure avoidance measure or, if the agent who attends the resolution conference in person or by remote audio or video communication does not have complete authority, the beneficiary also requires the participation, by remote audio or video communication, of a person who does have complete authority to negotiate on the beneficiary’s behalf and commit the beneficiary to a foreclosure avoidance measure.

(B) A grantor may have an attorney or a housing counselor, or both, present to represent the grantor at the resolution conference, but the grantor, or any individual that a court appoints to act on the grantor’s behalf, must attend the resolution conference in person or by remote audio or video communication.

(2) If the beneficiary agrees to a foreclosure avoidance measure with the grantor, the beneficiary and the grantor shall sign a written document that sets forth the terms of the foreclosure avoidance measure.

(3) A facilitator may suspend or postpone a resolution conference after the resolution conference has begun:

(a) One time only on the facilitator’s initiative or in response to a request for a suspension or postponement from the beneficiary or the grantor;

(b) After a suspension or postponement under paragraph (a) of this subsection only if the beneficiary and the grantor agree to the additional suspension or postponement; or

(c) If the beneficiary or the grantor needs additional time to write or sign a document that sets forth the terms of a foreclosure avoidance measure.

(4) After the resolution conference concludes, the facilitator shall submit to the service provider a written report that:

(a) Lists the date or dates on which the resolution conference occurred;

(b) Lists the name, title, address, telephone number and other available contact information for each person that participated in the resolution conference, noting whether the person attended the resolution conference in person or participated by remote audio or video communication;

(c) States whether the beneficiary or the agent of the beneficiary who attended the resolution conference had complete authority to negotiate and commit to a foreclosure avoidance measure;

(d) Summarizes the terms of the foreclosure avoidance measure to which the beneficiary and the grantor agreed or notes that the beneficiary and the grantor did not agree to a foreclosure avoidance measure; and

(e) Provides any other information the Attorney General requires by rule. [2013 c.304 §4; 2021 c.106 §8]

Source: Section 86.732 — Attendance at resolution conference; authority of beneficiary’s agent; representation of grantor; terms of foreclosure avoidance measure; report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.005 — OR Code / Title 9 / Chapter 87 / Section 87.005
87.005 Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093
Status: in_force

As used in 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) :

(1) “Commencement of the improvement” means the first actual preparation or construction upon the site or the first delivery to the site of materials of such substantial character as to notify interested persons that preparation or construction upon the site has begun or is about to begin.

(2) “Construction” means creating or making an improvement or performing an alteration, partial construction or repair in and upon an improvement.

(3) “Construction agent” means a contractor, architect, builder or other person having charge of construction or preparation.

(4) “Contractor” means a person that contracts on predetermined terms to be responsible for performing all or part of a job of preparation or construction in accordance with established specifications or plans, retaining control of the means, method and manner of accomplishing the desired result, and that provides:

(a) Labor at the site; or

(b) Materials, supplies and labor at the site.

(5) “Improvement” means a building, wharf, bridge, ditch, flume, reservoir, well, tunnel, fence, street, sidewalk, machinery, aqueduct or other structure or superstructure.

(6) “Mortgagee” means a person:

(a) Intentionally left blank —Ed.

(A) Whose name and address appear as mortgagee or beneficiary in a mortgage of record or a trust deed of record that is recorded under ORS 205.234 (Requirements for first page of instruments to be recorded) with the county clerk of the county within which the property or improvement is located; and

(B) That has a valid subsisting mortgage of record or trust deed of record that secures a loan upon land or upon an improvement; or

(b) Intentionally left blank —Ed.

(A) Whose name and address appear as the assignee of the mortgagee or beneficiary in an assignment of mortgage of record or a trust deed of record that is recorded under ORS 205.234 (Requirements for first page of instruments to be recorded) with the county clerk of the county within which the property or improvement is located; and

(B) That has a valid subsisting mortgage of record or trust deed of record that secures a loan upon land or upon an improvement.

(7) “Original contractor” means a contractor that has a contractual relationship with the owner.

(8) “Owner” means:

(a) A person that is or claims to be the owner in fee or a lesser estate of the land on which preparation or construction is performed;

(b) A person that entered into a contract to purchase an interest in the land or improvement sought to be charged with a lien created under ORS 87.010 (Construction liens) ; or

(c) A person that has a valid lease on land or an improvement and that possesses an interest in the land or improvement by reason of the lease.

(9) “Preparation” means excavating, surveying, landscaping, demolishing or detaching existing structures or leveling, filling in or otherwise making land ready for construction.

(10) “Site” means the land on which construction or preparation is performed.

(11) “Subcontractor” means a contractor that has no direct contractual relationship with the owner. [Amended by 1957 c.651 §1; 1973 c.671 §1; 1975 c.466 §2; 1977 c.596 §1; 2005 c.22 §52; 2011 c.505 §1]

Source: Section 87.005 — Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.585 — OR Code / Title 9 / Chapter 87 / Section 87.585
87.585 Foreclosure
Status: in_force

The liens described in ORS 87.555 (Hospitals, physicians, physician assistants and nurse practitioners as lien claimants) may be foreclosed by a suit in the circuit court. In any suit brought pursuant to the provisions of ORS 87.581 (Liability of person or insurer to hospital, physician, physician assistant or nurse practitioner) or this section, upon entering a judgment for the plaintiff, the court shall allow as part of the costs and disbursements all moneys paid for the filing and recording of the notice of lien, and reasonable attorney fees at trial and on appeal. [Amended by 1981 c.897 §25; 1999 c.146 §8; 2003 c.576 §344]

Source: Section 87.585 — Foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.475 — OR Code / Title 9 / Chapter 87 / Section 87.475
87.475 Effect of settlement on lien
Status: in_force

(1) Except as provided in subsections (3) and (4) of this section, the lien created by ORS 87.445 (Lien upon actions and judgments) is not affected by a settlement between the parties to the action, suit or proceeding before or after judgment, order or award.

(2) Except as provided in subsections (3) and (4) of this section, a party to the action, suit or proceeding, or any other person, does not have the right to satisfy the lien created by ORS 87.445 (Lien upon actions and judgments) or any judgment, order or award entered in the action, suit or proceeding until the lien, and claim of the attorney for fees based thereon, is satisfied in full.

(3) A judgment debtor may pay the full amount of a judgment into court and the clerk of the court shall thereupon fully satisfy the judgment on the record and the judgment debtor shall be thereby released from any further claims thereunder.

(4) If more than one attorney appears of record for a litigant, the satisfaction of the lien created by ORS 87.445 (Lien upon actions and judgments) by any one of the attorneys is conclusive evidence that the lien is fully satisfied. [1975 c.648 §65 (enacted in lieu of 87.495); 2003 c.576 §341]

Source: Section 87.475 — Effect of settlement on lien; satisfaction of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.165 — OR Code / Title 9 / Chapter 86 / Section 86.165
86.165 Late charge
Status: in_force

No lender may impose a late charge:

(1) With respect to any periodic installment payment received by it within 15 days after the due date. However, if the 15-day period ends on a Saturday, Sunday or legal holiday the 15-day period is extended to the next business day.

(2) In a dollar amount which exceeds five percent of the sum of principal and interest of the delinquent periodic installment payment or the amount provided in the note or mortgage held by the lender, whichever is the lesser.

(3) Unless the note or mortgage held by the lender provides for payment of a late charge on delinquent periodic installments and a monthly billing, coupon or notice is provided by the lender disclosing the date on which periodic installments are due and that a late charge may be imposed if payment is not received by lender within 15 days thereafter. However, if the lender and the borrower have provided in the note or other written loan agreement that the payments on the loan shall be made by the means of automatic deductions from a deposit account maintained by the borrower, the lender shall not be required to provide the borrower with a monthly billing, coupon or notice under this subsection with respect to any occasion on which there are insufficient funds in the borrower’s account to cover the amount of a loan payment on the date the loan payment becomes due and within the period described in subsection (1) of this section.

(4) More than once on any single installment. [1977 c.427 §2; 1979 c.101 §1; 1993 c.280 §1]

Source: Section 86.165 — Late charge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.318 — OR Code / Title 9 / Chapter 86a / Section 86a.318
86A.318 Required notices to director
Status: in_force

(1) Intentionally left blank —Ed.

(a) A licensee shall notify the Director of the Department of Consumer and Business Services in writing at least 30 days before the licensee:

(A) Relocates or closes the licensee’s principal place of business or a branch office in this state; or

(B) Opens a branch office that the licensee did not list in an application under ORS 86A.309 (Application for license) .

(b) In a notice under paragraph (a) of this subsection the licensee shall list, as applicable:

(A) The new address to which the licensee relocates the licensee’s principal place of business or any branch office; and

(B) The address for any new branch office the licensee opens.

(2) Intentionally left blank —Ed.

(a) A licensee shall notify the director in writing not later than 30 days after:

(A) Any appointment, resignation or other change occurs in the licensee’s controllers, registered agents or managers; or

(B) Any material change occurs in the information that the licensee submitted in an application under ORS 86A.309 (Application for license) .

(b) The licensee shall provide in a notice under paragraph (a)(A) of this subsection the name, address and title of any new controller, registered agent or manager the licensee appoints.

(3) Intentionally left blank —Ed.

(a) A licensee shall notify the director in writing not later than 10 days after:

(A) Filing for bankruptcy or reorganization;

(B) A controller, registered agent or manager of the licensee becomes subject to an indictment that is related in any manner to the licensee’s activities;

(C) The licensee receives notice of a final order issued in this or another state that:

(i) Demands that the licensee cease and desist from any act;

(ii) Suspends or revokes a license or registration; or

(iii) Constitutes any other formal or informal regulatory action against the licensee;

(D) The licensee registers or changes and uses or operates under an assumed business name; or

(E) Another change in the licensee’s operations or governance occurs in a manner or with an effect that the director determines by rule is significant enough to warrant the licensee notifying the director.

(b) A licensee shall specify in a notice under paragraph (a)(C) of this subsection the reasons for taking a regulatory action against the licensee that are set forth in any final order.

(4) A licensee shall notify the director immediately if the licensee changes registered agents or if the name or address for the licensee’s registered agent in this state changes. In the notice the licensee shall update the name and address for the registered agent. [2017 c.636 §7]

Source: Section 86A.318 — Required notices to director; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86.705 — OR Code / Title 9 / Chapter 86 / Section 86.705
86.705 Definitions for ORS 86.705 to 86.815
Status: in_force

As used in ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) :

(1) “Affordable housing covenant” has the meaning given that term in ORS 456.270 (Definitions for ORS 456.270 to 456.295) .

(2) “Beneficiary” means a person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person’s successor in interest, and who is not the trustee unless the beneficiary is qualified to be a trustee under ORS 86.713 (Qualifications of trustee) (1)(b)(D).

(3) “Eligible covenant holder” has the meaning given that term in ORS 456.270 (Definitions for ORS 456.270 to 456.295) .

(4) “Grantor” means the person that conveys an interest in real property by a trust deed as security for the performance of an obligation.

(5) “Law practice” means a professional corporation, partnership, limited liability partnership, limited liability company or sole proprietorship that is engaged in the practice of law in this state.

(6) “Residential trust deed” means a trust deed on property upon which are situated four or fewer residential units, one of which the grantor, the grantor’s spouse or the grantor’s minor or dependent child occupies as a principal residence at the time the trust deed is recorded or, in the case of a purchase money loan, one of which is intended to be the principal residence of the grantor, the grantor’s spouse or the grantor’s minor or dependent child after the trust deed is recorded.

(7) “Residential unit” means an improvement designed for residential use.

(8) “Trust deed” means a 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) that conveys an interest in real property to a trustee in trust to secure the performance of an obligation the grantor or other person named in the deed owes to a beneficiary.

(9) “Trustee” means a person, other than the beneficiary, to whom a trust deed conveys an interest in real property, or the person’s successor in interest, or an employee of the beneficiary, if the employee is qualified to be a trustee under ORS 86.713 (Qualifications of trustee) . [1959 c.625 §1; 1961 c.616 §1; 1975 c.618 §1; 1983 c.719 §1; 1985 c.817 §1; 1989 c.190 §1; 2011 c.712 §1; 2012 c.112 §5; 2013 c.125 §1; 2013 c.465 §4; 2013 c.625 §3]

Source: Section 86.705 — Definitions for ORS 86.705 to 86.815 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.715 — OR Code / Title 9 / Chapter 86 / Section 86.715
86.715 Trust deed deemed to be mortgage on real property
Status: in_force

A trust deed is deemed to be a mortgage on real property and is subject to all laws relating to mortgages on real property except to the extent that such laws are inconsistent with the provisions of ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) , in which event the provisions of ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) shall control. For the purpose of applying the mortgage laws, the grantor in a trust deed is deemed the mortgagor and the beneficiary is deemed the mortgagee. [1959 c.625 §21]

Source: Section 86.715 — Trust deed deemed to be mortgage on real property; applicability of mortgage laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.910 — OR Code / Title 9 / Chapter 87 / Section 87.910
87.910 Cost of preparing lien notice
Status: in_force

A person who files a notice or claim of lien under this chapter may add to the amount of the claim, as contained in the notice, the amount of fees actually paid for the recording or filing of the lien notice, and such amount thereupon shall become part of the lien against the property described in the notice. [Amended by 1975 c.648 §52; 1981 c.898 §47]

Source: Section 87.910 — Cost of preparing lien notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.581 — OR Code / Title 9 / Chapter 87 / Section 87.581
87.581 Liability of person or insurer to hospital, physician, physician assistant or nurse practitioner
Status: in_force

(1) A person or insurer shall be liable to a hospital and physician, physician assistant or nurse practitioner for the reasonable value of hospitalization services and medical treatment rendered out of the moneys due under any payment, award, judgment, settlement or compromise, after paying the attorney fees, costs and expenses incurred in connection therewith, or the proportion of that amount as determined under ORS 87.555 (Hospitals, physicians, physician assistants and nurse practitioners as lien claimants) (3), if the person or insurer:

(a) Has received a notice of lien that complies with ORS 87.565 (Notice of lien required) ;

(b) Has not paid the hospital and physician, physician assistant or nurse practitioner the reasonable value of hospitalization services and medical treatment that the hospital and physician, physician assistant or nurse practitioner rendered; and

(c) Pays moneys to the injured person, the heirs or personal representative of the injured person, the attorney for the injured person or for the heirs or personal representative of the injured person, or a person not claiming a valid lien under ORS 87.555 (Hospitals, physicians, physician assistants and nurse practitioners as lien claimants) , as compensation for the injury suffered or as payment for the costs of hospitalization services or medical treatment incurred by the injured person.

(2) An action arising under subsection (1) of this section shall be commenced within 180 days after the date of payment under subsection (1)(c) of this section. [1999 c.146 §7 (enacted in lieu of 87.580); 2014 c.45 §9]

Source: Section 87.581 — Liability of person or insurer to hospital, physician, physician assistant or nurse practitioner; conditions; deadline for filing claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.232 — OR Code / Title 9 / Chapter 87 / Section 87.232
87.232 Fishing lien and fish worker’s lien
Status: in_force

(1) A person who performs labor in the operation of the chattel used for the purpose of catching fish from, holding them upon or transporting them within the waters of this state has a lien on the fish taken using the chattel during the period for which the lien is claimed for the reasonable or agreed charge for the labor of the person.

(2) A person who performs labor in the catching or transporting of fish in this state has a lien on the fish for the reasonable or agreed charges for the labor of the person. [1975 c.648 §19]

Source: Section 87.232 — Fishing lien and fish worker’s lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.203 — OR Code / Title 9 / Chapter 86a / Section 86a.203
86A.203 License and unique identifier for mortgage loan originator
Status: in_force

(1) Except as provided in subsection (2) of this section, an individual may not engage in business as a mortgage loan originator in this state without first:

(a) Obtaining and maintaining a mortgage loan originator’s license under ORS 86A.212 (Findings required for issuing license) or renewing a mortgage loan originator’s license under ORS 86A.218 (License renewal) ; and

(b) Obtaining a unique identifier from the Nationwide Mortgage Licensing System and Registry.

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

(a) A registered mortgage loan originator who acts within the scope of the registered mortgage loan originator’s employment;

(b) An individual who offers or negotiates terms of a residential mortgage loan with or on behalf of the individual’s spouse, child, sibling, parent, grandparent, grandchild or a relative in a similar relationship with the individual that is created by law, marriage or adoption;

(c) An individual who offers or negotiates terms of a residential mortgage loan that is secured by a dwelling that served as the individual’s residence;

(d) An individual who, as a seller during any 12-month period, offers or negotiates terms for not more than three residential mortgage loans that are secured by a dwelling unit that the individual owns, or that a limited liability company of which the individual is a member owns, and that did not serve as the individual’s residence, if:

(A) Membership in the limited liability company that owns the dwelling unit consists only of the individual or of the individual and the individual’s spouse, children, siblings, parents, grandparents, grandchildren or other relatives who are related to the individual by law, marriage or adoption;

(B) The individual or the limited liability company does not advertise that, or otherwise suggest by statements or conduct that, the limited liability company engages in the business of making residential mortgage loans;

(C) The individual complies with the provisions of subsection (3) of this section; and

(D) The individual does not engage in conduct that is prohibited under ORS 86A.224 (Denying, suspending, conditioning, revoking or declining to renew license) or 86A.236 (Prohibited activities) ;

(e) An attorney who is licensed or otherwise authorized to practice law in this state, if the attorney negotiates the terms of a residential mortgage loan in representing a client and does not receive compensation from a mortgage banker, mortgage broker, mortgage loan originator or lender or an agent of the mortgage banker, mortgage broker, mortgage loan originator or lender, except that for the purposes of determining whether the attorney is exempt under this paragraph, the attorney does not receive compensation from a mortgage loan originator or lender if the attorney receives compensation from a client that would otherwise meet the definition of a mortgage loan originator or lender but is exempt under paragraph (c), (d) or (f) of this subsection;

(f) An individual who is licensed as a manufactured structure dealer under ORS 446.691 (Issuance of dealer license) and who:

(A) Offers or negotiates terms of a residential mortgage loan related to a sale for occupancy of a previously owned manufactured dwelling in a manufactured dwelling park three or fewer times in any 12-month period; and

(B) Uses a written sale agreement form with the purchaser that complies with the requirements of ORS 646A.050 (Definitions) , 646A.052 (Form of purchase agreement) and 646A.054 (Rules) , with any rules adopted under ORS 646A.050 (Definitions) , 646A.052 (Form of purchase agreement) and 646A.054 (Rules) and with any other applicable requirements for residential mortgages for manufactured dwellings; or

(g) An individual who is licensed as a limited manufactured structure dealer under ORS 446.706 (Limited manufactured structure dealer) and who:

(A) Has an ownership interest in a manufactured dwelling park;

(B) Offers or negotiates terms of a residential mortgage loan related to a sale for occupancy of a previously owned manufactured dwelling in any manufactured dwelling park in which the individual has an ownership interest, five or fewer times in any 12-month period; and

(C) Uses a written sale agreement form with the purchaser that complies with the requirements of ORS 646A.050 (Definitions) , 646A.052 (Form of purchase agreement) and 646A.054 (Rules) , with any rules adopted under ORS 646A.050 (Definitions) , 646A.052 (Form of purchase agreement) and 646A.054 (Rules) and with any other applicable requirements for residential mortgages for manufactured dwellings.

(3) An individual who offers or negotiates terms for a residential mortgage loan, and who claims an exemption under subsection (2)(c), (d) or (f) of this section from the requirements set forth in subsection (1) of this section, may not at any time hold more than eight residential mortgage loans without meeting the requirements set forth in subsection (1) of this section. For the purposes of a determination under this subsection as to whether an individual who claims an exemption under subsection (2)(d) of this section holds more or fewer than eight residential mortgage loans, the individual shall disclose to the Director of the Department of Consumer and Business Services all loans that all limited liability companies of which the individual is a member hold in the aggregate.

(4) An individual who offers or negotiates terms for a residential mortgage loan, and who claims an exemption under subsection (2)(g) of this section from the requirements set forth in subsection (1) of this section, may not at any time hold more than 12 residential mortgage loans without meeting the requirements set forth in subsection (1) of this section.

(5) The Director of the Department of Consumer and Business Services by rule may exempt an individual from the requirement to obtain a mortgage loan originator’s license under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) if the United States Consumer Financial Protection Bureau requires or permits the exemption under 12 U.S.C. 5101 et seq.

(6) Notwithstanding the exemption from licensing for an individual described in subsection (2)(f) or (g) of this section, subsection (1) of this section applies to the individual if the United States Consumer Financial Protection Bureau determines, in a guideline, rule, regulation or interpretive letter, that the exemption is inconsistent with requirements set forth in 12 U.S.C. 5101 et seq.

(7) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, an employee of a manufactured structure dealer licensed under ORS 446.691 (Issuance of dealer license) is not subject to the provisions of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) if the employee:

(A) Performs only administrative or clerical tasks; and

(B) Receives in connection with a sale or other transaction related to a manufactured structure, as defined in ORS 174.101 (“Manufactured structure,” “recreational vehicle” defined) , only a salary or commission that is customary among dealers and employees of dealers.

(b) An employee of a dealer is subject to the provisions of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) if the United States Consumer Financial Protection Bureau determines, in a guideline, rule, regulation or interpretive letter, that the exemption granted in paragraph (a) of this subsection is inconsistent with requirements set forth in 12 U.S.C. 5101 et seq. [2009 c.863 §2; 2013 c.281 §1; 2013 c.443 §15; 2015 c.677 §1; 2019 c.422 §27]

Source: Section 86A.203 — License and unique identifier for mortgage loan originator; requirements; exemptions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.533 — OR Code / Title 9 / Chapter 87 / Section 87.533
87.533 Assets and income that are exempt from lien
Status: in_force

A lien created by ORS 87.503 (Lien for long term care) shall not be enforced so as to interfere with:

(1) Any assets or income allowed to the community spouse or dependent family member under 42 U.S.C. 1396r-5(d) or any rule of the Department of Human Services or the Oregon Health Authority.

(2) The priority given to the recovery of medical assistance payments under ORS 115.125 (Order of payment of expenses and claims) (1)(j) or (k) or other medical assistance claims under ORS 411.708 (Recovery of supplemental income program assistance from certain estates) , 411.795 (Claim against estate of deceased recipient of general assistance) and 416.350 (Recovery of medical assistance) .

(3) The eligibility of a person for medical assistance or entitlement to Medicaid assistance payments.

(4) The priority given to the recovery of cost of care payments under ORS 115.125 (Order of payment of expenses and claims) (1)(L), 179.620 (Liability of person or estate for cost of care) or 179.740 (Collection from estates) . [1995 c.749 §8; 2001 c.316 §3; 2009 c.595 §57; 2011 c.720 §53; 2013 c.190 §3]

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

Source: Section 87.533 — Assets and income that are exempt from lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.736 — OR Code / Title 9 / Chapter 87 / Section 87.736
87.736 Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735
Status: in_force

(1) Notices filed with the Secretary of State under ORS 87.710 (Filing notice of lien) and certificates filed with the Secretary of State under ORS 87.735 (Filing certificate of lien satisfaction upon payment for produce) must be in a form prescribed by the Secretary of State. The Secretary of State shall include the notices and certificates in the index maintained by the secretary for filing financing statements pursuant to ORS chapter 79. The secretary shall maintain the notices and certificates as public records for a period of time established by the secretary.

(2) The Secretary of State shall establish fees pursuant to ORS 177.130 (Fees of the Secretary of State) for filing notices and certificates and for furnishing copies of notices or certificates. Fees established pursuant to this subsection are nonrefundable. [2001 c.301 §2]

GRAIN PRODUCER’S LIEN

Source: Section 87.736 — Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735; fees for filing and for furnishing copies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.630 — OR Code / Title 9 / Chapter 86 / Section 86.630
86.630 Eligibility of securities described in ORS 86.620 as security for deposits, investment or reserve of securities
Status: in_force

Whenever, by statute, collateral is required as security for the deposit of public or other funds, or deposits are required to be made with any public official or department, or an investment of capital or surplus, or a reserve or other fund is required to be maintained consisting of designated securities, the securities described in ORS 86.620 (Investment of funds of financial institutions, fiduciaries and others in bonds and mortgages accepted by Federal Housing Administration, debentures issued thereby, and obligations of national mortgage associations) shall be eligible for such purposes.

Source: Section 86.630 — Eligibility of securities described in ORS 86.620 as security for deposits, investment or reserve of securities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.809 — OR Code / Title 9 / Chapter 86 / Section 86.809
86.809 Compensation of trustee
Status: in_force

The charge of a trustee for the performance of powers and duties of foreclosure by advertisement and sale imposed under ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) shall not exceed 50 percent of the compensation allowable to a personal representative under ORS 116.173 (Compensation of personal representative) (3) or a minimum charge of $100. Such compensation shall be based upon the amount due on the obligation, both principal and interest, at the time of the trustee’s sale. [Formerly 86.795; 2017 c.169 §43]

Source: Section 86.809 — Compensation of trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 88.120 — OR Code / Title 9 / Chapter 88 / Section 88.120
88.120 When foreclosure not barred by ORS 88.110
Status: in_force

(1) Foreclosure of a mortgage on real property is not barred by ORS 88.110 (Duration of real property mortgage lien) when the mortgage is held of record by the State of Oregon or when all the following facts exist at the time the foreclosure suit is commenced:

(a) Any portion of the mortgage debt, or any interest thereon, has been voluntarily paid within the 10 years immediately preceding commencement of the suit.

(b) The original mortgagor still owns the mortgaged property.

(c) No lien or right of a third person has attached to the property after the expiration of the 10-year period referred to in ORS 88.110 (Duration of real property mortgage lien) .

(2) A mortgage that is not enforceable by the transferor at the time of transfer to the State of Oregon does not become enforceable thereafter under this section. [Amended by 1997 c.298 §1]

Source: Section 88.120 — When foreclosure not barred by ORS 88.110 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html (accessed May 26, 2025).
ORS § 87.816 — OR Code / Title 9 / Chapter 87 / Section 87.816
87.816 Keeping of index and files with respect to tax liens
Status: in_force

(1) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) of this section is presented to a filing officer who is:

(a) The Secretary of State, the secretary shall cause the notice or refiled notice to be marked, held and indexed in accordance with the provisions of ORS 79.0519 (UCC 9-519. Numbering, maintaining and indexing records) as if the notice or refiled notice were a financing statement within the meaning of ORS chapter 79; or

(b) Any other officer described in ORS 87.806 (Filing of federal tax liens) , the officer shall indorse thereon the identification of the officer and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice or refiled notice, the date and time of receipt, the title and address of the official or entity certifying the lien and the total amount appearing on the notice of lien or refiled notice of lien.

(2) If a certificate of release, nonattachment, discharge or subordination of any lien is presented to the Secretary of State for filing, the secretary shall:

(a) Cause a certificate of release to be marked, held and indexed as if the certificate were a termination statement within the meaning of ORS 79.0512 (UCC 9-512. Amendment of financing statement) ;

(b) Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of ORS 79.0512 (UCC 9-512. Amendment of financing statement) ; and

(c) Cause a certificate of nonattachment to be marked, held and indexed as if the certificate were an amendment of a financing statement within the meaning of ORS 79.0512 (UCC 9-512. Amendment of financing statement) .

(3) If any refiled notice of federal lien or notice of revocation referred to in subsection (1) of this section or any of the certificates specified in subsection (2) of this section is presented for filing with any other filing officer specified in ORS 87.806 (Filing of federal tax liens) , the officer shall permanently attach the refiled notice, certificate or notice to the original notice of lien and shall enter the refiled notice, certificate or notice with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered.

(4) Upon request of any person, the filing officer shall issue the certificate of the filing officer showing whether there is on file in the officer’s office, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien naming a particular person, and if a notice or certificate is on file, giving the date and hour of its filing. All financing statements and statements of assignment, if any, filed pursuant to ORS chapter 79 for a particular debtor whose name is identical to the particular person named in the lien shall be shown on this certificate. The uniform fee for such a certificate for a particular person shall be prescribed by the Secretary of State by rule. If the request for the certificate is in writing and not in the standard form prescribed by the Secretary of State, an additional fee shall be prescribed. Upon request the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for a fee as prescribed by the Secretary of State by rule under ORS 79.0525 (UCC 9-525. Fees) .

(5) Notice of a federal lien or a refiling of a notice of federal lien is effective for a period of 10 years from the date of assessment. A notice or refiling of a notice of a federal lien shall state:

(a) The date the tax was assessed; and

(b) That the effective period of the lien is as provided by federal law. [1967 c.445 §4; 1971 c.621 §18; 1975 c.607 §20; 1979 c.833 §21; 1981 c.835 §11a; 1981 c.852 §4; 1983 c.220 §2; 1985 c.442 §1; 1985 c.469 §8; 1989 c.111 §10; 1993 c.135 §1; 2001 c.445 §164]

Source: Section 87.816 — Keeping of index and files with respect to tax liens; certification by filing officer; fee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.266 — OR Code / Title 9 / Chapter 87 / Section 87.266
87.266 Duration of liens
Status: in_force

(1) Except as provided in subsection (2) of this section, if either a suit to foreclose or a proceeding under ORS 87.272 (Petition for foreclosure without suit) to 87.306 (Foreclosure by sale without suit) to foreclose 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) is not commenced in an appropriate court within six months after the notice of claim of lien is filed under ORS 87.242 (Filing notice of claim of lien) , or if extended payment is provided and the terms thereof are stated in the notice of claim of lien, then within six months after the expiration of the extended payment, the lien shall cease to exist. A lien shall not be continued in force for a longer time than two years from the time the claim for lien is filed under ORS 87.242 (Filing notice of claim of lien) by an agreement to extend payment.

(2) If either a suit to foreclose or a proceeding under ORS 87.272 (Petition for foreclosure without suit) to 87.306 (Foreclosure by sale without suit) to foreclose a lien created by ORS 87.226 (Agricultural services lien) is not commenced in an appropriate court within 18 months after the notice of claim of lien is filed under ORS 87.242 (Filing notice of claim of lien) or, if extended payment is provided and the terms thereof are stated in the notice of claim of lien, within six months after the expiration of the extended payment, the lien shall cease to exist. A lien shall not be continued in force for a longer time than two years from the time the claim of lien is filed under ORS 87.242 (Filing notice of claim of lien) by an agreement to extend payment. [1975 c.648 §26; 1985 c.469 §6]

Source: Section 87.266 — Duration of liens , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.767 — OR Code / Title 9 / Chapter 87 / Section 87.767
87.767 Form of notice
Status: in_force

(1) Notices filed with the Secretary of State under ORS 87.750 (Definitions for ORS 87.750 to 87.777) to 87.777 (Filing certificate of lien satisfaction upon payment for grain) must be in a form prescribed by the Secretary of State. The Secretary of State shall include the notice of lien that is filed under ORS 87.762 (Filing notice of lien) (2) in the index maintained by the secretary for filing financing statements pursuant to ORS chapter 79. The Secretary of State shall maintain the notices as public records for a period of time established by the secretary.

(2) The Secretary of State shall establish fees pursuant to ORS 177.130 (Fees of the Secretary of State) for filing notices and requests for copies of notices. Fees established pursuant to this subsection are nonrefundable. [1981 c.446 §5; 1999 c.464 §4; 2001 c.301 §20]

Source: Section 87.767 — Form of notice; public record; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.140 — OR Code / Title 9 / Chapter 86 / Section 86.140
86.140 Liability of mortgagee for failure to discharge mortgage
Status: in_force

If any mortgagee or the personal representative or assignee of the mortgagee, after full performance of the condition of the mortgage before or after a breach thereof, shall, within 30 days after being thereto requested, and after tender of reasonable charges, fail to discharge the same, or to execute and acknowledge a certificate of discharge or release thereof, that person shall be liable to the mortgagor, or the heirs or assigns of the mortgagor, in the sum of $500 damages and also for all actual damages occasioned by such failure, to be recovered in an action at law. The owner and holder of the promissory note referred to in ORS 86.110 (Discharge of record by owner and holder of mortgage note who is not the mortgagee of record) is deemed the personal representative of the mortgagee for the purposes of this section. [Amended by 1955 c.29 §1; 1955 c.512 §1; 1993 c.648 §1]

Source: Section 86.140 — Liability of mortgagee for failure to discharge mortgage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.865 — OR Code / Title 9 / Chapter 87 / Section 87.865
87.865 Foreclosure
Status: in_force

(1) The lien described in ORS 87.855 (Lien for contributions to employee benefit plan) may be enforced by a suit in the circuit court, and shall be governed by the laws regulating the proceedings for the foreclosure of liens generally.

(2) Any number of persons claiming liens under ORS 87.855 (Lien for contributions to employee benefit plan) may join in the same suit, and when separate suits are commenced, the court may consolidate them. The court may also allow as part of the costs the moneys paid for filing and recording the claim, and a reasonable attorney fee at trial and on appeal, for each person claiming a lien.

(3) Every lien described in ORS 87.855 (Lien for contributions to employee benefit plan) shall cease to exist unless a complaint to foreclose it is filed and a summons issued within six months from the date of filing of the claim of lien. [1963 c.604 §§4,6; 1981 c.897 §27]

MOLDER’S LIEN

Source: Section 87.865 — Foreclosure; joinder or consolidation; costs; limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.315 — OR Code / Title 9 / Chapter 86a / Section 86a.315
86A.315 Required liquidity, operating reserves and tangible net worth
Status: in_force

(1) Intentionally left blank —Ed.

(a) A licensee shall maintain in accordance with generally accepted accounting principles sufficient liquidity, operating reserves and tangible net worth to permit the licensee to adequately meet all costs, expenses and other financial requirements related to servicing residential mortgage loans in this state. The Director of the Department of Consumer and Business Services may specify by rule the standards a licensee must meet to comply with the requirements set forth in this subsection.

(b) A licensee that the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Government National Mortgage Association has approved to service a residential mortgage loan complies with the requirements set forth in paragraph (a) of this subsection if the licensee meets the standards for liquidity, operating reserves and tangible net worth established by the association or corporation that approved the licensee. If the applicable association’s or corporation’s standards do not apply to a particular residential mortgage loan, the licensee in servicing the residential mortgage loan shall meet the highest standards the association or corporation has established for liquidity, operating reserves and tangible net worth.

(2) Intentionally left blank —Ed.

(a) If a licensee fails to meet the applicable standards for liquidity, operating reserves and tangible net worth set forth in subsection (1) of this section, the director may take and retain possession of the licensee’s property, business and assets located in this state until the licensee returns, under the director’s supervision or oversight, to compliance with the applicable standards.

(b) In taking and retaining possession of the licensee’s property, business and assets under paragraph (a) of this subsection, the director shall conduct an inventory appropriate for establishing a receivership for the licensee and file a copy of the inventory with:

(A) The Department of Consumer and Business Services;

(B) The clerk of the circuit court in the county in which the licensee’s principal place of business in this state, or any branch office in this state, is located; and

(C) Each of the licensee’s controllers, at the last address for each controller that the director has in the director’s records.

(c) A circuit court that receives a copy of an inventory under paragraph (b)(B) of this subsection shall file the inventory, list the filing in the court’s docket as a pending proceeding and assign a case number to the proceeding.

(3) If a licensee refuses to permit the director to take and retain possession of the licensee’s property, business and assets under subsection (2) of this section or if the director can show that the interests of the licensee’s borrowers or creditors require the appointment of a receiver, the director may apply to the circuit court in the county in which the licensee’s principal place of business in this state is located for an order to appoint a receiver to take and retain possession of, operate or liquidate the property, business and assets. The court may appoint the director as the receiver.

(4) If, 60 days after the date on which the director took possession of a licensee’s property, business and assets under subsection (2) of this section, the licensee has not returned to compliance with the applicable standards described in subsection (1) of this section, the director shall liquidate the property, business and assets. If the director is not the receiver for the licensee’s property, business and assets, the director shall apply to the court with which the director filed an inventory under subsection (2)(b)(B) of this section for an order to appoint the director or another person as receiver. [2017 c.636 §6]

Source: Section 86A.315 — Required liquidity, operating reserves and tangible net worth; compliance with federal standards as compliance with requirements; director’s powers to enforce compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.537 — OR Code / Title 9 / Chapter 87 / Section 87.537
87.537 Duration of lien
Status: in_force

(1) Except as provided in subsection (2) of this section, if a suit to foreclose a lien created by ORS 87.503 (Lien for long term care) is not commenced in an appropriate court within the 180-day period immediately following the date on which the lien is perfected under ORS 87.507 (Perfecting lien) , the lien shall cease to exist.

(2) Any period of time during which a lien created by ORS 87.503 (Lien for long term care) may not be foreclosed under ORS 87.527 (Limitations on property subject to lien) shall not be part of the period of time during which the lien exists under subsection (1) of this section. The existence of a lien created by ORS 87.503 (Lien for long term care) shall not be extended in any case for longer than 180 days after a circumstance preventing foreclosure under ORS 87.527 (Limitations on property subject to lien) ceases. A lien created by ORS 87.503 (Lien for long term care) shall not continue in existence for a period of more than 10 years after the date on which the lien was perfected under ORS 87.507 (Perfecting lien) . [1995 c.749 §9; 1997 c.744 §9]

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

Source: Section 87.537 — Duration of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.001 — OR Code / Title 9 / Chapter 87 / Section 87.001
87.001 Short title
Status: in_force

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) shall be known and may be cited as the Construction Lien Law. [1975 c.466 §1]

Source: Section 87.001 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).