ORS § 86a.303 — OR Code / Title 9 / Chapter 86a / Section 86a.303
86A.303 Definitions
Status: in_force

As used in ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) :

(1) “Affiliate” means a person who controls, is controlled by or is under common control with another person.

(2) “Applicant” means a person that applies for a license to engage in business as a residential mortgage loan servicer in this state.

(3) “Borrower” means a person that incurs an obligation to repay a residential mortgage loan.

(4) “Branch office” means a location at which a business entity services a residential mortgage loan other than the business entity’s headquarters or principal place of business.

(5) “Business entity” means a corporation, limited liability company, partnership, limited partnership, business trust, joint venture or other form of business organization the constituent parts of which share a common economic interest.

(6) “Controller” means:

(a) A director, officer or general partner of a business entity;

(b) A managing member of a limited liability company;

(c) A person that has a direct or indirect right to vote 10 percent or more of the securities of a business entity that have voting rights or the power to sell or cause the sale of 10 percent or more of any class of a business entity’s securities;

(d) A person that has contributed 10 percent or more to a partnership’s capital or has the right to receive a distribution of 10 percent or more of a partnership’s capital or assets upon dissolution; or

(e) A person that, under the terms of a contract or because the person has an ownership interest in another person, has the power to manage or set policies for the other person, or otherwise direct the other person’s operations or affairs.

(7) “Licensee” means a person that has applied for and obtained or renewed a license from the Director of the Department of Consumer and Business Services to engage in business as a residential mortgage loan servicer in this state.

(8) “Manager” means an individual who has supervisory authority over employees and operations at a business entity’s branch office or other business location.

(9) “Person” means an individual or a business entity.

(10) “Residential mortgage loan” means a loan secured by a mortgage, deed of trust or an equivalent consensual security interest in real property on which four or fewer improvements designed for residential occupancy are planned or situated, including but not limited to individual units, condominiums and cooperatives.

(11) “Residential mortgage loan modification service” means:

(a) A negotiation or arrangement, or an offer or attempt to negotiate or arrange, a change in the repayment obligations for or the terms and conditions of a borrower’s residential mortgage loan, including but not limited to:

(A) A forbearance in collecting one or more payments due;

(B) A change in the interest rate;

(C) A change in the payment or repayment schedule;

(D) A substitution of different loan terms and conditions;

(E) A substitution of a different classification of loan;

(F) A capitalization of any arrearages; or

(G) A reduction in principal.

(b) Collecting or attempting to collect data to submit to a person that performs a residential mortgage loan modification service.

(12) “Service a residential mortgage loan” means to:

(a) Receive a scheduled periodic payment from a borrower under the terms of a residential mortgage loan, including any amounts for deposit into an escrow account the lender establishes in accordance with the Real Estate Settlement Procedures Act, 12 U.S.C. 2609;

(b) Pay to the lender or another person principal, interest and other amounts associated with a residential mortgage loan in accordance with the terms of any contract or agreement for servicing the residential mortgage loan; or

(c) Pay an amount to a borrower, if the residential mortgage loan is a home equity conversion mortgage or a reverse mortgage. [2017 c.636 §2]

Source: Section 86A.303 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.990 — OR Code / Title 9 / Chapter 86a / Section 86a.990
86A.990 Criminal penalties for violations of ORS 86A.095 to 86A.198
Status: in_force

(1) A person that knowingly violates a provision of ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) or a rule adopted by the Director of the Department of Consumer and Business Services under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , except ORS 86A.145 (Oaths and subpoenas in proceedings before director) (2), commits a Class C felony.

(2) Violation of ORS 86A.145 (Oaths and subpoenas in proceedings before director) (2) is a Class A misdemeanor. [Formerly 59.992]

Source: Section 86A.990 — Criminal penalties for violations of ORS 86A.095 to 86A.198 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.206 — OR Code / Title 9 / Chapter 87 / Section 87.206
87.206 Disposition of proceeds of foreclosure sale
Status: in_force

(1) The proceeds of a sale to foreclose a lien created by ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) shall be applied in the following order:

(a) To the payment of the reasonable and necessary expenses of the sale;

(b) To satisfy the indebtedness secured by the lien under which the sale is made;

(c) Subject to subsection (2) of this section, to satisfy the indebtedness secured by any subordinate lien or security interest, in order of priority, in the chattel; and

(d) To the treasurer of the county in which the foreclosure sale is made. The payment to the treasurer must be accompanied by a copy of the statement of account described in ORS 87.202 (Statement of account of foreclosure sale) .

(2) Proceeds may be applied under subsection (1)(c) of this section if the person who forecloses a lien created by ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) by sale receives a written request for proceeds from the holder of any subordinate lien or security interest before the day of the foreclosure sale. The person foreclosing the lien may require the holder of the subordinate lien or security interest to furnish reasonable proof of the existence of the security interest or lien. If the person foreclosing the lien does not receive proof of the existence of the subordinate security interest or lien, the person is not required to apply proceeds of the sale to satisfy the indebtedness secured by the subordinate security interest or lien.

(3) If a county treasurer receives proceeds under subsection (1) of this section, the county treasurer shall credit the proceeds 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 proceeds at any time within three years of the date of deposit with the treasurer. If the proceeds are not demanded and claimed within the three-year period, the proceeds become the property of the county. [1975 c.648 §12; 2005 c.86 §3]

Source: Section 87.206 — Disposition of proceeds of foreclosure sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.725 — OR Code / Title 9 / Chapter 87 / Section 87.725
87.725 Foreclosure
Status: in_force

(1) The lien created by ORS 87.705 (Agricultural produce lien) shall be foreclosed in the manner provided by law for the foreclosure of liens generally.

(2) In all suits under ORS 87.228 (Effect on agricultural services lien when payment for produce is made prior to filing of lien claim) and 87.700 (Definitions for ORS 87.228 and 87.700 to 87.736) to 87.736 (Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735) , the court shall, upon entering judgment for the plaintiff, allow as a part of the costs all moneys paid for the filing and recording of the lien, and a reasonable amount for attorney fees at trial and on appeal. [1973 c.647 §7; 1981 c.897 §26]

Source: Section 87.725 — Foreclosure; costs allowable to prevailing plaintiff , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.170 — OR Code / Title 9 / Chapter 86 / Section 86.170
86.170 Prohibited mortgage provisions
Status: in_force

Any provision in a mortgage for a late charge except as authorized by ORS 86.160 (Definitions for ORS 86.160 to 86.185) to 86.185 (ORS 86.160 to 86.185 not applicable to certain loans) shall be invalid. [1977 c.427 §3; 1997 c.631 §384]

Source: Section 86.170 — Prohibited mortgage provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.228 — OR Code / Title 9 / Chapter 87 / Section 87.228
87.228 Effect on agricultural services lien when payment for produce is made prior to filing of lien claim
Status: in_force

A lien created by ORS 87.226 (Agricultural services lien) ceases to attach to a crop that is agricultural produce as defined in ORS 87.700 (Definitions for ORS 87.228 and 87.700 to 87.736) and is in the possession of a purchaser, or to the proceeds of the sale of the crop to a third party, if the purchaser pays the agricultural producer in full for the crop and the claim for the lien is not filed under ORS 87.242 (Filing notice of claim of lien) prior to the date of that payment. [Formerly 87.740]

Note: 87.228 (Effect on agricultural services lien when payment for produce is made prior to filing of lien claim) was made a part of 87.700 (Definitions for ORS 87.228 and 87.700 to 87.736) to 87.736 (Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735) by legislative action but was not added to or made a part of any other series in ORS chapter 87. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 87.228 — Effect on agricultural services lien when payment for produce is made prior to filing of lien claim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.326 — OR Code / Title 9 / Chapter 87 / Section 87.326
87.326 Protection from theft and damage of chattel subject to lien
Status: in_force

If the property covered by any 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 in danger of being stolen, damaged or removed from this state, the circuit court for the county in which the lien is filed upon application of the lien claimant, shall appoint the sheriff of such county receiver of the property covered by the lien, and the sheriff shall immediately take all such property into the custody of the sheriff and protect, care for and account for it and dispose of it according to the further order of the court. The sheriff shall be paid actual expenses of receivership from the proceeds of the sale of the property but shall be allowed no remuneration for services. [1975 c.648 §36]

Source: Section 87.326 — Protection from theft and damage of chattel subject to lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.233 — OR Code / Title 9 / Chapter 86a / Section 86a.233
86A.233 Production of records
Status: in_force

(1) The Director of the Department of Consumer and Business Services, as often as the director deems necessary to carry out the purposes of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) , may:

(a) Request or require a person that employs a mortgage loan originator or that under the provisions of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) should employ a mortgage loan originator to produce, for the director’s examination and use, books, accounts, records, files, documents or other information or evidence;

(b) Investigate or examine an applicant or a licensed mortgage loan originator and review the applicant’s or licensed mortgage loan originator’s:

(A) History of criminal, civil and administrative proceedings, enforcement actions, arrests or other information related to the applicant’s or licensed mortgage loan originator’s compliance with state and federal law, rules or regulations; and

(B) Personal history and experience, including information obtained from credit reports from a consumer reporting agency, as defined in 15 U.S.C. 1681a(f) or from a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, as defined in 15 U.S.C. 1681a(p);

(c) Direct, subpoena, examine, compel the attendance of, administer oaths and affirmations to, and request production of books, accounts, records, files, documents or other information or evidence from witnesses and persons that are subject to regulation under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) ; and

(d) Interview and take and preserve testimony concerning business practices and operations from the applicant’s or licensed mortgage loan originator’s officers, principals, mortgage loan originators, employees, agents and customers or independent contractors associated with the applicant or licensed mortgage loan originator.

(2) Intentionally left blank —Ed.

(a) The director may, with reference to documents, materials or records described in subsection (1) of this section:

(A) Take possession of, sequester, control or restrict access to the documents, materials or records; or

(B) Designate a person to take exclusive charge of the documents, materials or records in the location in which the documents, materials or records are usually kept.

(b) At a time in which the director has taken an action described in paragraph (a) of this subsection, a person may not, without the director’s permission or a court order, remove or attempt to remove the documents, materials or records from the director’s possession or control or from the location in which the documents, materials or records are kept under the exclusive charge of the person the director designates.

(c) A person who owns or has a right to possess or control the documents, materials or records may have access necessary to conduct the person’s ordinary business, unless the director reasonably believes that the documents, materials or records have been or are at risk of alteration or destruction for the purposes of concealing a violation of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) .

(3) In carrying out the purposes of this section, the director may:

(a) Retain attorneys, accountants or other professionals or specialists to conduct investigations, audits or examinations or assist in conducting investigations, audits or examinations;

(b) Agree with other government agencies or officials to share resources, information, methods, procedures, documents, records, materials and information obtained in the course of investigations, audits, examinations and related activities;

(c) Purchase, share, use or employ analytical systems, methods or software available from public or private sources;

(d) Accept and rely upon the results of or reports concerning investigations, audits, examinations or proceedings conducted by other government agencies or officials in this state or in other states; and

(e) Accept, use and incorporate in the director’s findings, reports, orders or other actions audit reports from an independent certified public accountant.

(4) The director’s authority under this section applies to a person who is subject to regulation under ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) , whether or not the person is licensed as a mortgage loan originator.

(5) An applicant or licensed mortgage loan originator shall:

(a) Make available to the director at the director’s request books, accounts, records, files and other documents relating to the applicant’s or licensed mortgage loan originator’s business operations and practices; and

(b) Prepare, compile and deliver to the director reports, accounting compilations, lists and data concerning loan transactions and other information the director requires to carry out the purposes of ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) .

(6) A person subject to investigation, audit or examination under this section may not knowingly withhold, abstract, remove, mutilate, destroy or conceal books, accounts, records, computer records, files, documents or other information or evidence that is subject to the director’s authority under this section. [2009 c.863 §11]

Source: Section 86A.233 — Production of records; investigations, examinations and subpoenas; possession of records; access to records; powers of director; prohibited activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86.720 — OR Code / Title 9 / Chapter 86 / Section 86.720
86.720 Reconveyance upon performance
Status: in_force

(1) Within 30 days after performance of the obligation secured by the trust deed, the beneficiary shall deliver a written request to the trustee to reconvey the estate of real property described in the trust deed to the grantor. Within 30 days after the beneficiary delivers the written request to reconvey to the trustee, the trustee shall reconvey the estate of real property described in the trust deed to the grantor. In the event the obligation is performed and the beneficiary refuses to request reconveyance or the trustee refuses to reconvey the property, the beneficiary or trustee so refusing shall be liable as provided by ORS 86.140 (Liability of mortgagee for failure to discharge mortgage) in the case of refusal to execute a discharge or satisfaction of a mortgage on real property. The trustee may charge a reasonable fee for all services involved in the preparation, execution and recordation of any reconveyance executed pursuant to this section.

(2) If a full reconveyance of a trust deed has not been executed and recorded pursuant to the provisions of subsection (1) of this section within 60 calendar days of the date the obligation secured by the trust deed was fully satisfied, then:

(a) If the obligation was satisfied by a title insurance company or insurance producer or by payment through an escrow transacted by a title insurance company or insurance producer, upon the written request of the grantor or the grantor’s successor in interest, the tender of reasonable charges and the compliance with the notice requirements of subsection (3) of this section, the title insurance company or insurance producer shall prepare, execute and record a release of trust deed.

(b) Upon compliance with the notice requirements of subsection (3) of this section, any title insurance company or insurance producer may prepare, execute and record a release of trust deed.

(3) Prior to the issuance and recording of a release pursuant to this section, the title insurance company or insurance producer shall give notice of the intention to record a release of trust deed to the beneficiary of record and, if different, the party to whom the full satisfaction payment was made. The notice shall:

(a) Provide that the parties to whom the notice is sent shall have a period of 30 days from the date of mailing to send to the title insurance company or insurance producer their written objections to the execution and recording of the release of trust deed;

(b) Be sent by first class mail with postage prepaid, addressed to the named interested parties at their last-known addresses, including post office boxes; and

(c) Identify the trust deed by the name of the original grantor and any successor in interest on whose behalf payment was made and by the recording reference.

(4) The release of trust deed shall recite on the first page that it has been executed and recorded pursuant to the provisions of this section. The release shall be properly acknowledged and shall set forth:

(a) The name of the beneficiary to whom the payment was made;

(b) The name of the original grantor of the trust deed and any successor in interest on whose behalf payment was made;

(c) The recording reference to the trust deed that is to be released;

(d) A recital that the obligation secured by the trust deed has been paid in full;

(e) The date and amount of payment;

(f) The date of mailing of notice required by this section; and

(g) A recital that no written objections were received by the title insurance company or insurance producer.

(5) The release of trust deed executed pursuant to this section shall be entitled to recordation and, when recorded, shall be deemed to be the equivalent of a reconveyance of a trust deed.

(6) The title insurance company or insurance producer shall not record or cause to be recorded a release of trust deed when any of the following circumstances exist:

(a) The 30-day period following notice given under this section has not expired; or

(b) Written objection to such recordation has been received by the title insurance company or insurance producer from any of the parties to whom notice was sent.

(7) The trustee, title insurance company or insurance producer may charge a reasonable fee for all services involved in the preparation, execution, recordation and compliance with this section, to effect the release of trust deed.

(8) Subsection (2) of this section does not excuse the beneficiary or trustee from compliance with subsection (1) of this section.

(9) In addition to any other remedy provided by law, a title insurance company or insurance producer preparing, executing or recording a release of trust deed shall be liable to any party for damages that the party sustains by reason of the negligence or willful misconduct of the title insurance company or insurance producer in connection with the issuance, execution or recording of the release pursuant to this section. Except as provided in subsection (10) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(10) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (9) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

(11) As used in this section, “insurance producer” means an authorized issuer of title insurance policies of a title insurance company who is licensed as an insurance producer for that purpose pursuant to ORS chapter 744.

(12) Subsections (2) to (11) of this section shall be applicable only to full reconveyances of the property described in the trust deed and not to reconveyances of parts or portions of the property.

(13) Subsections (1) to (12) of this section are applicable to all trust deeds, whether executed before, on or after November 4, 1993.

(14) A title insurance company or agent is not required to prepare, execute and record a release of trust deed under subsections (2) to (12) of this section if the obligation secured by the trust deed was satisfied prior to November 4, 1993. [1959 c.625 §18; 1993 c.648 §2; 1995 c.696 §15; 2001 c.254 §1; 2003 c.364 §49; 2017 c.251 §2]

Source: Section 86.720 — Reconveyance upon performance; liability for failure to reconvey; release of trust deed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.777 — OR Code / Title 9 / Chapter 87 / Section 87.777
87.777 Filing certificate of lien satisfaction upon payment for grain
Status: in_force

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

(2) Upon receiving the certificate, the Secretary of State shall enter it in the index maintained by the secretary for filing financing statements pursuant to ORS chapter 79.

(3) If an agricultural producer that receives full payment for grain fails to file a certificate described in this section on or before the 10th day after receiving a request for filing from a purchaser, the producer is liable to the purchaser of the grain in the sum of $100 damages and for all actual damages caused by the failure, to be recovered in an action at law. [1981 c.446 §7; 2001 c.301 §22]

Source: Section 87.777 — Filing certificate of lien satisfaction upon payment for grain; liability of producer for failure to discharge lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.288 — OR Code / Title 9 / Chapter 87 / Section 87.288
87.288 Show cause order
Status: in_force

(1) The court shall issue an order directed to the lien debtor and each person having possession or control of the chattel subject to the lien requiring the debtor and each other person to appear for hearing at a time and place fixed by the court to show cause why an order for the foreclosure of the lien claimant’s lien by advertisement and sale should not issue.

(2) The show cause order issued under subsection (1) of this section shall be served in the same manner as a summons is served on the lien debtor and on each other person to whom the order is directed.

(3) The order shall:

(a) State that the lien debtor may file affidavits with the court and may present testimony at the hearing; and

(b) State that if the lien debtor fails to appear at the hearing the court may order foreclosure of the lien claimant’s lien by advertisement and sale. [1975 c.648 §30]

Source: Section 87.288 — Show cause order; contents; service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.782 — OR Code / Title 9 / Chapter 86 / Section 86.782
86.782 Sale of property
Status: in_force

(1) Intentionally left blank —Ed.

(a) A trustee shall hold a trustee’s sale on the date and at the time and place designated in the notice of sale given under ORS 86.764 (Notice of sale for certain persons) . The designated time of the trustee’s sale must be after 9 a.m. and before 4 p.m., based on the standard of time set forth in ORS 187.110 (Standard of time) , and the designated place of the trustee’s sale must be in the county or one of the counties in which the property is situated. Except as provided in paragraph (b) of this subsection, the trustee may sell the property in one parcel or in separate parcels and shall sell the parcel or parcels at auction to the highest bidder for cash. Any person, including the beneficiary under the trust deed, but excluding the trustee, may bid at the trustee’s sale. An attorney for the trustee, or an agent that the trustee or the attorney designates, may conduct the sale and act in the sale as the trustee’s auctioneer.

(b) If the trustee sells property upon which a single residential unit that is subject to an affordable housing covenant is situated, the eligible covenant holder may purchase the property from the trustee at the trustee’s sale for cash or cash equivalent in an amount that is the lesser of:

(A) The sum of the amounts payable under ORS 86.794 (Disposition of proceeds of sale) (1) and (2); or

(B) The highest bid received for the property other than a bid from the eligible covenant holder.

(c) Intentionally left blank —Ed.

(A) Except as provided in subparagraph (B) of this paragraph, if an eligible covenant holder purchases the property in accordance with paragraph (b) of this subsection, the sale forecloses and terminates all other interests in the property as provided in ORS 86.797 (Effect of sale) (1).

(B) If an interest in the property exists that is prior to the eligible covenant holder’s interest, other than the interest set forth in the trust deed that was the subject of the foreclosure proceeding under ORS 86.752 (Foreclosure by advertisement and sale) , notwithstanding the provisions of ORS 86.797 (Effect of sale) (1) the sale does not foreclose and terminate the prior interest and the eligible covenant holder’s title to the property is subject to the prior interest.

(2) Intentionally left blank —Ed.

(a) The trustee or the attorney for the trustee, or an agent that the trustee or the attorney designates, may postpone the sale for one or more periods that total not more than 180 days from the original sale date, giving notice of each postponement by public proclamation made at the time and place set for sale. The trustee, the attorney or an agent that the trustee or the attorney designates may make the proclamation.

(b) If a person postpones the sale date as provided in paragraph (a) of this subsection, the trustee, in the manner provided for the notice of sale under ORS 86.764 (Notice of sale for certain persons) (1), shall provide written notice of the new time, date and place for the sale to the grantor and to any person to whom notice of the sale was given under ORS 86.771 (Contents of notice of sale) . The notice must be given at least 15 days before the new sale date. The person may postpone the sale once, for not more than two calendar days, without giving notice as provided in this paragraph. The person may not postpone the sale for more than two calendar days or more than once without giving notice as provided in this paragraph.

(3) The purchaser shall pay at the time of sale the price bid or the price determined in accordance with subsection (1)(b) of this section, and, within 10 days following payment, the trustee shall execute and deliver the trustee’s deed to the purchaser.

(4) Intentionally left blank —Ed.

(a) Within 10 calendar days after the date of the trustee’s sale, the trustee may rescind the trustee’s sale and void the trustee’s deed only if:

(A) The trustee asserts that during the trustee’s sale a bona fide error occurred in:

(i) Setting, advertising or otherwise specifying the opening bid amount for the property that is the subject of the trustee’s sale;

(ii) Providing a correct legal description of the property that is the subject of the trustee’s sale; or

(iii) Complying with a requirement or procedure that is imposed by law;

(B) The grantor and the beneficiary agreed to a foreclosure avoidance measure, as defined in ORS 86.707 (Additional definitions for ORS 86.726, 86.729, 86.732, 86.736, 86.741, 86.744 and 86.748) , that would postpone or discontinue the trustee’s sale; or

(C) The beneficiary accepted funds to reinstate the trust deed and obligation in accordance with ORS 86.778 (Discontinuance of foreclosure proceedings after cure of default) , even if the beneficiary did not have a legal duty to do so.

(b) Within 10 calendar days after the date of the trustee’s sale that the trustee rescinded under paragraph (a) of this subsection, the trustee shall provide notice of the rescission of the trustee’s sale to any person to whom notice of the sale was given. The trustee shall mail or serve notice of the rescission in the manner provided for serving or mailing the notice of sale under ORS 86.764 (Notice of sale for certain persons) (1). The notice of rescission must:

(A) Display the date on which the trustee mailed the notice, served the notice or delivered the notice for service; and

(B) State that, and explain why, the trustee rescinded the trustee’s sale and voided the trustee’s deed.

(c) Not later than three calendar days after the date displayed on the rescission notice described in paragraph (b) of this subsection, the trustee shall refund to the purchaser the amount the purchaser paid for the property that is the subject of the rescission notice.

(d) If the trustee rescinded a trustee’s sale and voided a trustee’s deed in accordance with this subsection, the trustee, not later than 21 days after the date of the trustee’s sale that resulted in the rescission, shall present for recording an affidavit that states that the trustee provided the notice of rescission described in paragraph (b) of this subsection. The affidavit must identify the trust deed that was subject to the rescinded trustee’s sale and the voided trustee’s deed.

(e) The trustee’s deed conveys to the purchaser the interest in the property that the grantor had, or had the power to convey, at the time the grantor executed the trust deed, together with any interest the grantor or the grantor’s successors in interest acquire after the execution of the trust deed.

(5) Intentionally left blank —Ed.

(a) If property purchased at the trustee’s sale includes one or more dwelling units that are subject to ORS chapter 90, the purchaser must provide written notice of the change in ownership to the occupants of each unit within 30 days after the date of sale and before or concurrently with service of a written termination notice authorized by subsection (6)(c)(B) of this section.

(b) The notice required by this subsection must:

(A) Explain that the dwelling unit has been sold at a foreclosure sale and that the purchaser at the foreclosure sale is the new owner.

(B) Include the date on which the foreclosure sale took place.

(C) Include the name, contact address and contact telephone number of the purchaser or the purchaser’s representative.

(D) Provide information about the rights of bona fide residential tenants as provided in subsections (6)(c) and (e) and (9)(a) of this section.

(E) Include contact information for the Oregon State Bar and a person or organization that provides legal help to individuals at no charge to the individual.

(c) The notice must be served by one or more of the following methods:

(A) Personal delivery to the tenant.

(B) First class mail to the tenant at the dwelling unit.

(C) First class mail to the tenant at the dwelling unit and attachment of a second notice copy. The second notice copy must be attached in a secure manner to the main entrance to the portion of the premises in the possession of the tenant.

(D) If the purchaser does not know the names of the tenants, the notice may be addressed to “occupants.”

(d) A notice that contains the information required under paragraph (b)(B) and (C) of this subsection meets the requirements of paragraph (b) of this subsection if the notice is in substantially the following form:

The property in which you are living has gone through foreclosure and was sold to a new owner on ________ (date). The contact information for the new owner or the owner’s representative is _____________ (name, address, telephone number).

IF YOU ARE A BONA FIDE TENANT RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLOSURE SALE FOR:

• 60 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF YOU HAVE A FIXED TERM LEASE; OR

• AT LEAST 30 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF YOU HAVE A MONTH-TO-MONTH OR WEEK-TO-WEEK RENTAL AGREEMENT.

If the new owner wants to move in and use this property as a primary residence, the new owner can give you written notice and require you to move out after 30 days, even though you have a fixed term lease with more than 30 days left.

You must be provided with at least 30 days’ written notice after the foreclosure sale before you can be required to move.

A bona fide tenant is a residential tenant who is not the borrower (property owner), or a child, spouse or parent of the borrower, and whose rental agreement:

• Is the result of an arm’s-length transaction;

• Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent is reduced or subsidized due to a federal, state or local subsidy; and

• Was entered into prior to the date of the foreclosure sale.

IMPORTANT:

YOU SHOULD CONTACT THE NEW OWNER OR THE OWNER’S REPRESENTATIVE AT THE ADDRESS LISTED ON THIS NOTICE AS SOON AS POSSIBLE TO LET THE NEW OWNER KNOW IF YOU ARE A BONA FIDE TENANT. YOU SHOULD PROVIDE WRITTEN EVIDENCE OF THE EXISTENCE OF YOUR RENTAL AGREEMENT, ESPECIALLY IF YOU HAVE A FIXED TERM RENTAL AGREEMENT OR LEASE WITH MORE THAN 30 DAYS LEFT. Written evidence of your rental agreement can be a copy of your lease or rental agreement, or other documentation of the existence of your rental agreement. Keep your original documents and a record of any information you give to the new owner.

AND THE MOVE-OUT DATE

The new owner may be willing to allow you to stay as a tenant instead of requiring you to move out after 30 or 60 days. You should contact the new owner if you would like to stay. If the new owner accepts rent from you, signs a new residential rental agreement with you or does not notify you in writing within 30 days after the date of the foreclosure sale that you must move out, the new owner becomes your new landlord and must maintain the property. Otherwise:

• You do not owe rent;

• The new owner is not your landlord and is not responsible for maintaining the property; and

• You must move out by the date the new owner specifies in a notice to you.

The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner agree on in exchange for your agreement to leave the premises in less than 30 or 60 days. You should speak with a lawyer to fully understand your rights before making any decisions regarding your tenancy.

IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UNIT WITHOUT FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal assistance, contact the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free legal assistance is included with this notice.

(6) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) or (c) of this subsection, the purchaser at the trustee’s sale is entitled to possession of the property on the 10th day after the sale. A person that remains in possession after the 10th day under any interest, except an interest prior to the trust deed, or an interest the grantor or a successor of the grantor created voluntarily, is a tenant at sufferance. The purchaser may obtain possession of the property from a tenant at sufferance by following the procedures set forth in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) or other applicable judicial procedure.

(b) Except as provided in paragraph (c) of this subsection, at any time after the trustee’s sale the purchaser may follow the procedures set forth in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) or other applicable judicial procedure to obtain possession of the property from a person that holds possession under an interest that the grantor or a successor of the grantor created voluntarily if, not earlier than 30 days before the date first set for the sale, the person was served with not less than 30 days’ written notice of the requirement to surrender or deliver possession of the property.

(c) If the property purchased at the trustee’s sale includes a dwelling unit that is subject to ORS chapter 90 and an individual occupies the unit under a bona fide tenancy, the purchaser may obtain possession by following the procedures set forth in ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) and by using the complaint form provided in ORS 105.124 (Form of complaint if ORS chapter 90 applies) or 105.126 (Form of complaint if ORS chapter 90 does not apply) :

(A) At least 60 days after service of a written termination notice, if the bona fide tenancy is a fixed term tenancy as defined in ORS 90.100 (Definitions) ; or

(B) At least 30 days after service of a written termination notice if the bona fide tenancy is:

(i) A fixed term tenancy and the purchaser intends to occupy, as the purchaser’s primary residence, the dwelling unit that is subject to the fixed term tenancy; or

(ii) A month-to-month tenancy or week-to-week tenancy, as those terms are defined in ORS 90.100 (Definitions) .

(d) If a purchaser gives a 30-day written termination notice pursuant to paragraph (c) of this subsection, the purchaser may include in the notice a request that a tenant with a fixed term tenancy provide written evidence of the existence of the tenancy to the purchaser at an address described in the notice. Written evidence includes a copy of the rental agreement or another document that shows the existence of the fixed term tenancy. The tenant’s failure to provide the requested written evidence before the purchaser files an action for possession based on a 30-day notice:

(A) Does not prevent the tenant from asserting the existence of the fixed term tenancy as a defense to the action.

(B) Prevents the tenant from recovering prevailing party attorney fees or costs and disbursements pursuant to subsection (11)(b) of this section. The 30-day notice must describe the provisions of this paragraph.

(e) A purchaser may not commence a proceeding under ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) that is authorized under this subsection before the later of:

(A) The 10th day after the trustee’s sale;

(B) The date specified in a written notice of the requirement to surrender or deliver possession of the property if the notice is required by and is given to the person in accordance with paragraph (b) of this subsection;

(C) The date specified in a written notice of the purchaser’s intent to terminate a tenancy if the notice is required by and is given to the person in accordance with paragraph (c) of this subsection; or

(D) The date on which the term of a fixed term tenancy ends, if the property is a dwelling unit and the purchaser has not terminated the tenancy in accordance with paragraph (c) of this subsection.

(f) A purchaser that seeks to obtain possession pursuant to ORS 105.100 (Definition of “attorney”) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) must attach proof of service of a written termination notice required by paragraph (c) of this subsection to the pleadings.

(g) In an action to obtain possession, violation of the procedures required by subsection (5) of this section or paragraph (c) of this subsection is a defense for a bona fide tenant seeking to retain possession.

(h) As used in this subsection, “bona fide tenancy” means tenancy of a dwelling unit that is subject to ORS chapter 90 that results from an arm’s-length transaction that occurred before the date of a foreclosure sale in which:

(A) The mortgagor or the child, spouse or parent of the mortgagor under the contract is not the tenant; and

(B) The rent required is not substantially less than fair market rent for the dwelling unit, unless the rent is reduced or subsidized due to a federal, state or local subsidy.

(7) A purchaser shall serve a notice under subsection (6) of this section by one or more of the following methods:

(a) Personal delivery to the tenant.

(b) First class mail to the tenant at the dwelling unit.

(c) First class mail to the tenant at the dwelling unit and attachment of a second notice copy. The second notice copy must be attached in a secure manner to the main entrance to the portion of the premises in the possession of the tenant.

(8) If the notice under subsection (6) of this section is served by mail pursuant to subsection (7)(b) of this section, the minimum period for compliance must be extended by three days and the notice must include the extension in the period stated in the notice.

(9) Intentionally left blank —Ed.

(a) Notwithstanding the provisions of subsection (6)(c) of this section and except as provided in paragraph (b) of this subsection, the purchaser is not a landlord subject to the provisions of ORS chapter 90 unless the purchaser:

(A) Accepts rent from the individual who possesses the property under a tenancy described in subsection (6)(c) of this section;

(B) Enters into a new rental agreement with the individual who possesses the property under a tenancy described in subsection (6)(c) of this section; or

(C) Fails to terminate the tenancy as provided in subsection (6)(c) of this section within 30 days after the date of the sale.

(b) The purchaser may act as a landlord for purposes of terminating a tenancy in accordance with the provisions of ORS 90.396 (Acts or omissions justifying termination 24 hours after notice) .

(c) The purchaser is subject to the provisions of ORS 90.322 (Landlord or agent access to premises) , 90.375 (Effect of unlawful ouster or exclusion) , 105.165 (Alternative method of removing, storing and disposing of tenant’s personal property) , 659A.421 (Discrimination in selling, renting or leasing real property prohibited) and 659A.425 (Violation based on facially neutral housing policy) . The application of ORS 90.375 (Effect of unlawful ouster or exclusion) to a purchaser that does not become a landlord does not impose an affirmative duty to pay for or provide services. For the purpose of damages pursuant to this paragraph, “rent” refers to the amount the tenant pays to the landlord for the right to occupy the unit before the foreclosure.

(10) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the purchaser is not liable to the individual who possesses the property under a tenancy described in subsection (6)(c) of this section for:

(A) Damage to the property or diminution in rental value; or

(B) Returning a security deposit.

(b) A purchaser that is a landlord under the provisions of subsection (9)(a) of this section is liable to the individual who possesses the property under a tenancy described in subsection (6)(c) of this section for:

(A) Damage to the property or diminution in rental value that occurs after the date of the trustee’s sale; or

(B) Returning a security deposit the individual pays after the date of the trustee’s sale.

(11) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection and notwithstanding an agreement to the contrary, in an action or defense arising pursuant to subsection (6)(c), (d), (f) or (g), (7) or (9)(c) of this section, reasonable attorney fees at trial and on appeal may be awarded to the prevailing party together with costs and disbursements.

(b) If a tenant asserts a successful defense to an action for possession pursuant to subsection (6)(c), (d), (f) or (g) of this section, the tenant is not entitled to prevailing party fees, attorney fees or costs and disbursements if the purchaser:

(A) Did not know, and did not have reasonable cause to know, of the existence of a fixed term tenancy when commencing the action for possession; and

(B) Promptly dismissed the action upon becoming aware of the existence of a fixed term tenancy.

(c) As used in this subsection, “prevailing party” means the party in whose favor final judgment is rendered.

(12) Intentionally left blank —Ed.

(a) Notwithstanding subsection (2)(a) of this section, except when a beneficiary has participated in obtaining a stay, foreclosure proceedings that are stayed by order of the court, by proceedings in bankruptcy or for any other lawful reason shall, after release from the stay, continue as if uninterrupted, if within 30 days after release the trustee sends amended notice of sale by registered or certified mail to the persons listed in ORS 86.764 (Notice of sale for certain persons) and 86.774 (Service and publication of notice) (1).

(b) In addition to the notice required under paragraph (a) of this subsection, the trustee shall send amended notice of sale:

(A) By registered or certified mail to:

(i) The address provided by each person who was present at the time and place set for the sale that was stayed; and

(ii) The address provided by each member of the Oregon State Bar who by registered or certified mail requests the amended notice of sale and includes with the request the notice of default or an identification number for the trustee’s sale that would assist the trustee in identifying the property subject to the trustee’s sale and a self-addressed, stamped envelope measuring at least 8.5 by 11 inches in size; or

(B) By posting a true copy or a link to a true copy of the amended notice of sale on the trustee’s Internet website.

(c) The amended notice of sale must:

(A) Be given at least 15 days before the amended date of sale;

(B) Set an amended date of sale that may be the same as the original sale date, or date to which the sale was postponed, provided the requirements of this paragraph and ORS 86.764 (Notice of sale for certain persons) and 86.774 (Service and publication of notice) are satisfied;

(C) Specify the time and place for sale;

(D) Conform to the requirements of ORS 86.771 (Contents of notice of sale) ; and

(E) State that the original sale proceedings were stayed and the date the stay terminated.

(d) If the publication of the notice of sale was not completed before the date the foreclosure proceedings were stayed by order of the court, by proceedings in bankruptcy or for any other lawful reason, after release from the stay, in addition to complying with the provisions of paragraphs (b) and (c) of this subsection, the trustee shall complete the publication by publishing an amended notice of sale that states that the notice has been amended following release from the stay and that contains the amended date of sale. The amended notice must be published in a newspaper of general circulation in each of the counties in which the property is situated once a week for four successive weeks, except that the required number of publications must be reduced by the number of publications that were completed before the effective date of the stay. The last publication must be made more than 20 days before the date the trustee conducts the sale.

(e) If a portion of the defaults specified in the original notice of default or in the original notice of sale was cured during the time the foreclosure proceedings were stayed, or if additional defaults have occurred during that time, the trustee shall describe in the amended notice of sale only those defaults that existed on the date on which the stay was terminated.

(f) After a release from a stay of proceedings, the trustee or the attorney for the trustee, or an agent that the trustee or the attorney designates, may postpone a sale for one or more periods that total not more than the greater of 60 days or the portion of the 180-day period allowed for postponement under subsection (2)(a) of this section that remained on the day before the stay began. A postponement under this paragraph must comply with the procedural and notice requirements specified in subsection (2) of this section. [Formerly 86.755; 2011 c.510 §7; 2012 c.112 §10; 2013 c.76 §2; 2013 c.465 §2; 2017 c.251 §7]

Source: Section 86.782 — Sale of property; obtaining possession after sale; procedures; notices; requirements for postponing or rescinding sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.163 — OR Code / Title 9 / Chapter 86a / Section 86a.163
86A.163 Prohibited advertisements
Status: in_force

A mortgage banker or mortgage broker shall not use or cause to be published any advertisement that:

(1) Contains any false, misleading or deceptive statement or representation; or

(2) Identifies the mortgage banker or mortgage broker by any name other than the name listed on the license issued by the Director of the Department of Consumer and Business Services or an assumed business name registered under ORS chapter 648. [Formerly 59.945]

Source: Section 86A.163 — Prohibited advertisements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.178 — OR Code / Title 9 / Chapter 87 / Section 87.178
87.178 Foreclosure after filing of bond or deposit of money
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, any suit to foreclose the lien that is commenced or pending after the filing of a bond or deposit of money under ORS 87.177 (Bond or deposit of money for lien for storage of chattel) (1) to (3) shall proceed as if no filing or deposit had been made except that the lien shall attach to the bond or money upon the filing or deposit and the service of notice of the filing or deposit upon the lien claimant. The chattel described in the claim of lien shall thereafter be entirely free of the lien and shall in no way be involved in subsequent proceedings.

(2) When a bond is filed or money is deposited and, in a suit to enforce the lien for which the filing or deposit is made, the court allows the lien, the lien shall be satisfied out of the bond or money. The court shall include as part of its judgment an order for the return to the person who deposited the money of any amount remaining after the lien for the storage of the chattel is satisfied.

(3) When a bond is filed or money is deposited and, in a suit to enforce the lien for which the filing or deposit is made, the court disallows the lien, the court shall include as part of its judgment an order for the return of the bond or money to the person who filed the bond or deposited the money. [2003 c.193 §5]

Note: See note under 87.177 (Bond or deposit of money for lien for storage of chattel) .

Source: Section 87.178 — Foreclosure after filing of bond or deposit of money; effect of filing or deposit; disposition of bond or money , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.081 — OR Code / Title 9 / Chapter 87 / Section 87.081
87.081 Filing affidavit with county officer
Status: in_force

(1) When a person files a bond with the recording officer of the county under ORS 87.076 (Bond or deposit of money) and serves notice of the filing upon the lien claimant, the person shall file with the same recording officer an affidavit stating that such notice was served.

(2) When a person deposits money with the treasurer of a county under ORS 87.076 (Bond or deposit of money) and serves notice of the deposit upon the lien claimant, the person shall file with the recording officer of the same county an affidavit stating that the deposit was made and notice was served. [1975 c.466 §19; 2005 c.22 §54]

Source: Section 87.081 — Filing affidavit with county officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.078 — OR Code / Title 9 / Chapter 87 / Section 87.078
87.078 Notice of filing bond or depositing money
Status: in_force

(1) A person who files a bond or deposits money under ORS 87.076 (Bond or deposit of money) shall cause to be served upon the lien claimant a notice of the filing or deposit and, if a bond, a copy thereof, not later than 20 days after the filing or deposit. The notice shall state the location and time of the filing or deposit.

(2) If a person does not notify the lien claimant as required by subsection (1) of this section, the filing of the bond or the deposit of money is of no effect and the provisions of ORS 87.083 (Foreclosure after filing of bond or deposit of money) shall not apply in a suit to foreclose the lien for which the filing or deposit is made. [1975 c.466 §18]

Source: Section 87.078 — Notice of filing bond or depositing money; contents of notice; effect of failure to give notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.789 — OR Code / Title 9 / Chapter 86 / Section 86.789
86.789 Information provided by trustee
Status: in_force

(1) The written statement of information provided by a trustee under ORS 86.786 (Request for information from trustee) shall include:

(a) A statement of the exact amount required, as of a specified date, to cure the default or satisfy the obligation, including the costs of foreclosure, trustee fees, attorney fees and per diem interest; and

(b) A description of any other performance necessary to cure the default or satisfy the obligation.

(2) If the amount required to cure the default or satisfy the obligation is not calculable to an exact amount, the trustee may estimate the maximum amount required to cure the default or satisfy the obligation.

(3) If the trustee does not provide the written statement of information within the time specified in ORS 86.786 (Request for information from trustee) , the trustee may postpone the sale of the property to provide the person requesting the written statement of information at least seven days between receipt of the statement and the date of the sale.

(4) A person requesting a written statement of information under ORS 86.786 (Request for information from trustee) has the rights of an omitted person under ORS 86.767 (Failure to give notice of sale) if:

(a) The person requesting the statement proves that the person sent a written request under ORS 86.786 (Request for information from trustee) at least 15 days before the date of sale; and

(b) The trustee cannot prove that the trustee sent the written statement of information at least seven days before the date of the sale.

(5) The provisions of this section and ORS 86.786 (Request for information from trustee) do not affect the duty of beneficiaries to provide information to grantors. [Formerly 86.759]

Source: Section 86.789 — Information provided by trustee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.815 — OR Code / Title 9 / Chapter 86 / Section 86.815
86.815 Time within which foreclosure must be commenced
Status: in_force

The foreclosure of a trust deed by advertisement and sale or the foreclosure of a trust deed by judicial procedure shall be commenced within the time, including extensions, provided by ORS 88.110 (Duration of real property mortgage lien) and 88.120 (When foreclosure not barred by ORS 88.110) for the foreclosure of a mortgage on real property. [Formerly 86.725]

Source: Section 86.815 — Time within which foreclosure must be commenced , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.826 — OR Code / Title 9 / Chapter 87 / Section 87.826
87.826 Construction
Status: in_force

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

Source: Section 87.826 — Construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.691 — OR Code / Title 9 / Chapter 87 / Section 87.691
87.691 Sale of property subject to lien
Status: in_force

(1) After the time specified in the notice given under ORS 87.689 (Notice of foreclosure and sale) expires, if the owner determines, based on the owner’s previous experience, that the personal property subject to the lien created by ORS 87.687 (Self-service storage facility owner’s possessory lien) has a value of $300 or less, the owner may dispose of the property at the owner’s sole discretion.

(2) After the time specified in the notice given under ORS 87.689 (Notice of foreclosure and sale) expires, if the owner determines, based on the owner’s previous experience, that the personal property subject to the lien created by ORS 87.687 (Self-service storage facility owner’s possessory lien) has a value of more than $300, the owner shall cause an advertisement of the sale to be published once a week for two consecutive weeks in a newspaper of general circulation in the city or county in which the self-service storage facility is located. If there is no newspaper of general circulation in the city or county, the advertisement must be posted in not fewer than six conspicuous places in the neighborhood in which the self-service storage facility is located. The advertisement must include:

(a) The address of the self-service storage facility, the number, if any, of the space where the personal property is located and the name of the occupant.

(b) The time, place and manner of the sale.

(3) The sale of the personal property may not take place earlier than 15 days after the first advertisement, publication or posting concerning the sale. The sale must conform to the terms stated in the advertisement published or posted under this section.

(4) The owner may conduct the lien sale without obtaining a license and may offer the personal property for sale on a publicly accessible website that regularly offers personal property for auction or sale, but the owner shall complete the sale of the personal property at the self-service storage facility or at a suitable place closest to where the personal property is held or stored.

(5) Intentionally left blank —Ed.

(a) If the owner does not receive any bids at the public sale held under this section, the owner may dispose of the personal property in another manner at the owner’s sole discretion. The owner may satisfy the lien created by ORS 87.687 (Self-service storage facility owner’s possessory lien) and reasonable expenses associated with the disposition from the proceeds of the disposition but shall hold the balance, if any, for delivery on demand to the occupant. If the occupant does not claim the balance of the proceeds within two years after the date of the disposition, the owner shall presume the balance is abandoned and shall report and deliver the balance to the State Treasurer as provided in ORS 98.352 (Report of abandoned property) .

(b) The owner, an employee of the owner, an affiliate or relative of the owner or an associate or relative of the employee may not acquire, directly or indirectly, property that is subject to disposal under this section.

(6) Intentionally left blank —Ed.

(a) If personal property that is subject to the lien is a motor vehicle, watercraft or trailer, the owner may have the personal property towed away from the self-service storage facility if:

(A) Rent and other charges for storing the personal property at the self-service storage facility remain unpaid for 60 days or more; and

(B) The owner sends notice as provided in ORS 87.689 (Notice of foreclosure and sale) .

(b) An owner is not liable for damage to personal property that a tower removes from the self-service storage facility once the tower takes possession of the personal property.

(c) A tower has a lien on personal property the tower removes from the self-service storage facility for reasonable towing and storage charges as provided in ORS 98.812 (Towing of unlawfully parked vehicle) .

(7) Before a sale or other disposition of personal property under this section, the occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section and thereby redeem the personal property. Upon receiving payment, the owner shall return the personal property, and thereafter the owner has no liability with respect to the personal property.

(8) After a sale under this section, the owner may satisfy the lien created by ORS 87.687 (Self-service storage facility owner’s possessory lien) from the proceeds of the sale, but shall hold the balance, if any, for delivery on demand to the occupant. If the occupant does not claim the balance of the proceeds within two years after the date of sale, the owner shall presume that the balance of the proceeds is abandoned and shall report and deliver the balance to the State Treasurer as provided in ORS 98.352 (Report of abandoned property) .

(9) A purchaser in good faith of the personal property sold to satisfy a lien created by ORS 87.687 (Self-service storage facility owner’s possessory lien) takes the property free of any rights of persons against whom the lien was valid, even if the owner does not comply with the requirements of this section and ORS 87.689 (Notice of foreclosure and sale) . [1997 c.374 §5; 2009 c.374 §1; 2013 c.209 §6; 2019 c.678 §51]

Source: Section 87.691 — Sale of property subject to lien; advertisement of sale; treatment of vehicles, trailers and watercraft; satisfaction of lien before sale; use of sale proceeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.872 — OR Code / Title 9 / Chapter 87 / Section 87.872
87.872 Lien for mold created or work performed with mold
Status: in_force

(1) If a molder does not retain title to a mold that the molder fabricated, molded, cast or made for a customer or if a molder performs manufacturing, assembly or fabrication work using a mold furnished by a customer, the molder shall have a lien on a mold that is retained by the molder. The amount of the lien shall be equal to the balance due to the molder from the customer for any manufacturing, assembly or fabrication work, including the value of materials. The molder may retain possession of the mold until the amount is paid.

(2) The molder shall serve notice of the lien to the customer by registered mail with return receipt requested to the last known address of the customer or by personal service. The notice of the lien shall:

(a) State that a lien is claimed for the amount described in subsection (1) of this section for manufacturing, assembly or fabrication work performed for the customer; and

(b) Demand payment of the amount within 60 days after service.

(3) If the molder is not paid the amount due within 60 days after receipt of the notice of lien by the customer and the molder complies with ORS 87.876 (Sale of mold) , the molder may sell the mold at a public sale. [2001 c.863 §3]

Source: Section 87.872 — Lien for mold created or work performed with mold , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.460 — OR Code / Title 9 / Chapter 86 / Section 86.460
86.460 Discharge of mortgage filed with Secretary of State
Status: in_force

In the event of the satisfaction or release of any chattel mortgage, a certified copy of which has been filed with the Secretary of State prior to September 1, 1963; the person so satisfying or releasing the mortgage shall send a duly executed discharge or certified copy thereof, with a fee of 25 cents, to the Secretary of State, who shall note such discharge in an appropriate column of the index kept by the Secretary of State. All such fees received by the Secretary of State shall be promptly paid to the State Treasurer and placed in the General Fund. [Amended by 1961 c.726 §407]

Source: Section 86.460 — Discharge of mortgage filed with Secretary of State; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 88.010 — OR Code / Title 9 / Chapter 88 / Section 88.010
88.010 Foreclosure of lien by suit
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as otherwise provided by law, a lien upon real or personal property, other than that of a judgment, whether created by mortgage or otherwise, must be foreclosed, and the property adjudged to be sold to satisfy the debt the lien secures, by bringing suit. A judgment in the suit must include a declaration of the amount of the debt that the lien secures.

(b) Except as provided in ORS 86.797 (Effect of sale) or 88.103 (Sale of real property after mortgage foreclosure) or other applicable law, if the lien debtor or another person, as principal or otherwise, has given a promissory note or other personal obligation to pay the debt and if the plaintiff in the complaint asks the court for a money award in the judgment, the court shall include in the judgment a money award against the lien debtor or other person for the amount of the debt.

(c) The provisions of this chapter as to liens upon personal property do not exclude a person that has a lien from any other remedy or right that the person otherwise has with respect to the property.

(2) Intentionally left blank —Ed.

(a) A complaint in a suit to foreclose a residential trust deed on the lien debtor must include as an attachment a copy of a notice to lien debtors, in substantially the following form and printed in at least 14-point type:

WARNING: You may get offers from people who tell you they can help you keep your property. You may get offers from people who want to buy your “redemption rights” or “all rights under ORS chapter 18.” You should be careful about those offers, as a sale of your rights to a property in foreclosure may include your right to claim any surplus funds arising from the foreclosure sale. 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 below before signing.

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 _________.

(b) The person filing the complaint shall insert in the notice under this subsection the resource telephone contact numbers and website addresses prescribed by the Department of Consumer and Business Services by rule under ORS 86.756 (Notice to grantor) .

(3) Intentionally left blank —Ed.

(a) A complaint in a suit to foreclose a residential trust deed under this section must include as an attachment a true copy of:

(A) A valid and unexpired certificate of compliance that a service provider issued to a beneficiary under ORS 86.736 (Certificate of compliance) ;

(B) The affidavit the person submitted under ORS 86.726 (Resolution conference for foreclosure) (1)(b), provided that the exemption the person claimed in the affidavit has not expired;

(C) The notice the beneficiary received under ORS 86.736 (Certificate of compliance) (1)(c); or

(D) A signed affidavit from the Director of Veterans’ Affairs that states that the Department of Veterans’ Affairs, in the department’s capacity as a beneficiary of loans made under ORS 407.125 (Loans to qualified person) , is exempt from the requirement under ORS 86.726 (Resolution conference for foreclosure) to request or participate in a resolution conference with a grantor.

(b) Intentionally left blank —Ed.

(A) A court on the court’s own motion or in response to a motion from a defendant may dismiss without prejudice a suit that a person brings under this section to foreclose a residential trust deed, or may stay proceedings on the suit, if the person:

(i) Fails to file with the court the certificate described in paragraph (a)(A) of this subsection or the affidavit described in paragraph (a)(B) or (D) of this subsection; or

(ii) Files with the court the notice described in paragraph (a)(C) of this subsection.

(B) The court may release a stay the court granted under subparagraph (A) of this paragraph if the person files with the court the certificate described in paragraph (a)(A) of this subsection or the affidavit described in paragraph (a)(B) or (D) of this subsection.

(C) The court may award a defendant that prevails on a motion under this paragraph reasonable costs and attorney fees associated with bringing the motion and any other relief the court deems proper.

(4) 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 summons in an action under this section to foreclose a lien upon residential real property, as defined in ORS 408.515 (Information to be included with certain documents related to real property) . [Amended by 2003 c.576 §345; 2013 c.304 §12; 2015 c.291 §4; 2017 c.236 §2; 2019 c.309 §4; subsection (4) of 2019 edition enacted as 2019 c.405 §6]

Note: 88.010 (Foreclosure of lien by suit) (4) was added to and made a part of ORS chapter 88 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 88.010 — Foreclosure of lien by suit; judgment for amount of debt; other remedies; requirements for complaint in proceeding to foreclose residential trust deed; stay , https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html (accessed May 26, 2025).
ORS § 87.450 — OR Code / Title 9 / Chapter 87 / Section 87.450
87.450 Filing notice of claim of lien on judgment for sum of money
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 a sum of money only, the attorney or member must file a notice of claim of lien with the clerk of the court that entered the judgment within three years after the judgment is entered. The clerk shall enter the notice in the register of the court and in the judgment lien record maintained by the court administrator under ORS 18.075 (Entry of judgments in circuit courts generally) .

(2) When an attorney or member files a notice of claim of lien under subsection (1) of this section, the attorney or member shall send forthwith a copy of the notice to the client by registered or certified mail sent to the client at the last-known address of the client.

(3) A lien under ORS 87.445 (Lien upon actions and judgments) on a judgment for a sum of money only remains a lien on the judgment until the judgment remedies for the judgment expire under ORS 18.180 (Expiration of judgment remedies in circuit court) to 18.190 (Spousal support awards in judgments entered before January 1, 2004) .

(4) For purposes of this section, a “judgment for a sum of money only” does not include a judgment or order for the payment of money for the support of any person under ORS 107.095 (Provisions court may make after commencement of suit and before judgment) , 107.105 (Provisions of judgment) , 108.120 (Support judgment or order) , 109.155 (Hearing) or 419B.400 (Authority to order support) . [1975 c.648 §60 (enacted in lieu of 87.495); 1993 c.33 §290; 1999 c.788 §43a; 2003 c.576 §188; 2007 c.339 §13; 2021 c.597 §56; 2023 c.72 §41]

Source: Section 87.450 — Filing notice of claim of lien on judgment for sum of money , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.806 — OR Code / Title 9 / Chapter 87 / Section 87.806
87.806 Filing of federal tax liens
Status: in_force

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

(2) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the recorder of conveyances, in counties which have a recorder of conveyances, and in other counties in the offices of the county clerks of the county or counties in this state within which the real property subject to the liens is situated.

(3) After October 15, 1983, notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the Secretary of State. [1967 c.445 §2; 1981 c.852 §2; 1983 c.220 §1]

Source: Section 87.806 — Filing of federal tax liens , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.752 — OR Code / Title 9 / Chapter 86 / Section 86.752
86.752 Foreclosure by advertisement and sale
Status: in_force

A trustee may not foreclose a trust deed by advertisement and sale in the manner provided in ORS 86.764 (Notice of sale for certain persons) to 86.782 (Sale of property) unless:

(1) The trust deed, any assignments of the trust deed by the trustee or the beneficiary and any appointment of a successor trustee are recorded in the mortgage records in the counties in which the property described in the deed is situated;

(2) There is a default by the grantor or other person that owes an obligation, the performance of which is secured by the trust deed, or by the grantor’s or other person’s successors in interest with respect to a provision in the deed that authorizes sale in the event of default of the provision;

(3) The trustee or beneficiary has filed for recording in the county clerk’s office in each county in which the trust property, or some part of the trust property, is situated, a notice of default containing the information required by ORS 86.771 (Contents of notice of sale) and containing the trustee’s or beneficiary’s election to sell the property to satisfy the obligation;

(4) The beneficiary has filed for recording in the official records of the county or counties in which the property that is subject to the residential trust deed is located:

(a) A certificate of compliance that a service provider issued to the beneficiary under ORS 86.736 (Certificate of compliance) that is valid and unexpired at the time the notice of default is recorded;

(b) A copy of the affidavit with which the beneficiary claimed, under ORS 86.726 (Resolution conference for foreclosure) (1)(b), an exemption that has not expired; or

(c) A signed affidavit from the Director of Veterans’ Affairs that states that the Department of Veterans’ Affairs, in the department’s capacity as a beneficiary of loans made under ORS 407.125 (Loans to qualified person) , is exempt from the requirement under ORS 86.726 (Resolution conference for foreclosure) to request or participate in a resolution conference with a grantor;

(5) The beneficiary has complied with the provisions of ORS 86.748 (Determination of ineligibility for foreclosure avoidance measure) ;

(6) The grantor has not complied with the terms of any foreclosure avoidance measure upon which the beneficiary and the grantor have agreed; and

(7) An action has not been commenced to recover the debt or any part of the debt then remaining secured by the trust deed, or, if an action has been commenced, the action has been dismissed, except that:

(a) Subject to ORS 86.010 (Nature of mortgagee’s interest) and the procedural requirements of ORCP 79 and 80 and the Oregon Receivership Code, as applicable, an action may be commenced to appoint a receiver or to obtain a temporary restraining order during foreclosure of a trust deed by advertisement and sale, except that a receiver may not be appointed with respect to a single-family residence that the grantor, the grantor’s spouse or the grantor’s minor or dependent child occupies as a principal residence.

(b) An action may be commenced to foreclose, judicially or nonjudicially, the same trust deed as to any other property covered by the trust deed, or any other trust deeds, mortgages, security agreements or other consensual or nonconsensual security interests or liens that secure repayment of the debt. [Formerly 86.735; 2017 c.236 §1; 2017 c.358 §48]

Source: Section 86.752 — Foreclosure by advertisement and sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 88.710 — OR Code / Title 9 / Chapter 88 / Section 88.710
88.710 “Lien” defined
Status: in_force

As used in ORS 88.710 (“Lien” defined) to 88.740 (Investment of surplus moneys in Oregon War Veterans’ Bond Sinking Account) , “lien” means any charge upon property for the payment or discharge of a debt, tax or duty due the State of Oregon or any agency of the state, including judgment liens, recorded warrants or any notice or claim of amount due given by the state, or an agency thereof, pursuant to law and carried forward on the County Clerk Lien Record or the register of the circuit court of the county wherein property is located to which a lien of the state attaches. [1959 c.499 §1; 1963 c.578 §2; 1991 c.111 §8; 2003 c.576 §190; 2005 c.625 §67]

Source: Section 88.710 — “Lien” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html (accessed May 26, 2025).
ORS § 87.715 — OR Code / Title 9 / Chapter 87 / Section 87.715
87.715 Priority
Status: in_force

Except for tax liens, and except as provided in ORS 87.146 (Priorities of liens) (1)(c) and 87.710 (Filing notice of lien) (4), the class of lien created by ORS 87.705 (Agricultural produce lien) is prior and superior to all other classes of lien or any classes of security interest in the inventory, proceeds or accounts receivable of a purchaser, without regard to whether those other liens or security interests attached to the inventory, proceeds or accounts receivable before or after a lien created by ORS 87.705 (Agricultural produce lien) attaches. Except as provided in ORS 87.710 (Filing notice of lien) (4), all liens of the class created under ORS 87.705 (Agricultural produce lien) , regardless of the date of attachment or the date of notice of lien, are of equal priority and payable pro rata in proportion to the size of each lien. This section does not prohibit an unequal pro rata recovery between agricultural producers supplying meat animals and other agricultural producers if the inequality results from a lien on accounts receivable created under ORS 87.705 (Agricultural produce lien) . [1973 c.647 §5; 2001 c.301 §13]

Source: Section 87.715 — Priority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.159 — OR Code / Title 9 / Chapter 87 / Section 87.159
87.159 Lien for care of impounded animal
Status: in_force

(1) A person who, or governmental agency that, transports, pastures, feeds, cares for or provides treatment to an animal that has been impounded under ORS 167.345 (Authority to enter premises or motor vehicle) has a lien on the animal in the possession of the person or governmental agency for the reasonable charges for transportation, pasturage, feed, care or treatment provided by the person or governmental agency, and the person or governmental agency may retain possession of the animal until those charges are paid.

(2) Intentionally left blank —Ed.

(a) Within 30 days of impoundment of any animal or animals as is authorized under ORS 167.345 (Authority to enter premises or motor vehicle) , any person who has an ownership interest in any impounded animal may file a written petition, verified under oath, demanding a hearing before the circuit court. The petition shall specifically identify the petitioner’s ownership interest in the animal or animals. The petition shall further specifically articulate the petitioner’s challenge to the probable cause justifying the impoundment that resulted in the lien attaching under subsection (1) of this section or the amount of the charges associated with that lien. The petitioner shall serve a true copy of the petition on the lien holder, the peace officer who impounded the animals and the district attorney, who shall be captioned as the respondents.

(b) Upon receipt of a petition in compliance with this subsection, the circuit court shall hold the hearing within 14 days, or as soon as practicable, wherein the respondents shall demonstrate by a preponderance of the evidence that impoundment of the animal was based on probable cause and that the lien amount claimed accurately reflects the reasonable charges authorized and accruing under subsection (1) of this section.

(c) If the court finds that impoundment of an animal under ORS 167.345 (Authority to enter premises or motor vehicle) was:

(A) Based on probable cause and that the lien amount accurately reflects the reasonable charges authorized and accruing under subsection (1) of this section, then the court shall deny the petition, award reasonable attorney fees to the respondents and direct the foreclosure to proceed.

(B) Based on probable cause but that the lien amount does not accurately reflect the reasonable charges authorized and accruing under subsection (1) of this section, then the court shall enter an order modifying the lien amount to accurately state the reasonable charges authorized and accruing under subsection (1) of this section, award reasonable attorney fees to the respondents and direct the foreclosure to proceed.

(C) Without probable cause, then the court may enter an order striking the lien created under subsection (1) of this section and may, but only if a final judgment is entered in the defendant’s favor in the criminal case related to the impoundment under ORS 167.345 (Authority to enter premises or motor vehicle) , order an impounded animal returned to its lawful owner. To prevent the lawful owner or any other claimant from being unjustly enriched while having been relieved of the duty to provide an impounded animal with minimum care, any court order directing return of an impounded animal shall include an award to the respondents of the full costs of providing care to the animal.

(d) A person’s failure to file a written petition within 30 days of impoundment of an animal or animals shall constitute a waiver of the right to file a petition under this subsection and the foreclosure shall proceed without judicial review in the manner provided in ORS 87.172 (Time period before foreclosure allowed) to 87.212 (Liability for improper sale of fungible chattels) . The court may extend the 30-day period to file a written petition by an additional 15 days only if the petitioner did not have actual notice of the impoundment and the court makes findings, on the record and in writing, that there are exceptional and compelling circumstances justifying the extension. [1989 c.349 §2; 2013 c.719 §9]

Source: Section 87.159 — Lien for care of impounded animal; petition for hearing to contest impoundment and lien; court order; waiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.180 — OR Code / Title 9 / Chapter 86 / Section 86.180
86.180 ORS 86.160 to 86.185 not applicable to certain mortgagees
Status: in_force

Nothing in ORS 86.160 (Definitions for ORS 86.160 to 86.185) to 86.185 (ORS 86.160 to 86.185 not applicable to certain loans) shall pertain to a mortgage banking company or mortgage servicing company except that if the terms of the mortgage do not conform to the requirements of ORS 86.165 (Late charge) , the borrower shall be notified prior to the execution of the mortgage. [1977 c.427 §5]

Source: Section 86.180 — ORS 86.160 to 86.185 not applicable to certain mortgagees; notice to borrowers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.021 — OR Code / Title 9 / Chapter 87 / Section 87.021
87.021 Notice to owners
Status: in_force

(1) Except when material, equipment, services or labor described in ORS 87.010 (Construction liens) (1) to (3), (5) and (6) is furnished at the request of the owner, a person furnishing any materials, equipment, services or labor described in ORS 87.010 (Construction liens) (1) to (3), (5) and (6) for which a lien may be perfected under ORS 87.035 (Perfecting lien) shall give a notice of right to a lien to the owner of the site. The notice of right to a lien may be given at any time during the progress of the improvement, but the notice only protects the right to perfect a lien for materials, equipment and labor or services provided after a date which is eight days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010 (Legal holidays) , before the notice is delivered or mailed. However, no lien is created under ORS 87.010 (Construction liens) (5) or (6) for any services provided for an owner-occupied residence at the request of an agent of the owner.

(2) The notice required by subsection (1) of this section shall be substantially in the form set forth in ORS 87.023 (Notice of right to lien) .

(3) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a lien created under ORS 87.010 (Construction liens) (1) to (3), (5) or (6) may be perfected under ORS 87.035 (Perfecting lien) only to the extent that the notice required by subsection (1) of this section is given.

(b) A person who performs labor upon a commercial improvement or provides labor and material for a commercial improvement or who rents equipment used in the construction of a commercial improvement need not give the notice required by subsection (1) of this section in order to perfect a lien created under ORS 87.010 (Construction liens) . As used in this paragraph:

(A) “Commercial improvement” means any structure or building not used or intended to be used as a residential building, or other improvements to a site on which such a structure or building is to be located.

(B) “Residential building” means a building or structure that is or will be occupied by the owner as a residence and that contains not more than four units capable of being used as residences or homes.

(4) Unless otherwise agreed or the lien claimant who is required to give the notice under subsection (1) of this section is in privity with the original contractor, when a provision in an agreement for the construction of a commercial improvement requires the original contractor to hold an owner harmless or to indemnify an owner for a lien created under ORS 87.010 (Construction liens) and perfected under ORS 87.035 (Perfecting lien) , that provision is not enforceable as to any lien which requires that a notice under this section be given to the owner unless a copy of the notice is delivered pursuant to ORS 87.018 (Delivery of notices) to the original contractor not later than 10 days after its receipt by the owner. [1975 c.466 §7 (enacted in lieu of 87.020); 1981 c.757 §3; 1983 c.674 §1; 1983 c.757 §1; 1987 c.662 §1; 2001 c.311 §1; 2002 s.s.1 c.6 §§1,4; 2003 c.778 §10]

Source: Section 87.021 — Notice to owners; notice from owner to original contractor; effect of failure to give notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.172 — OR Code / Title 9 / Chapter 87 / Section 87.172
87.172 Time period before foreclosure allowed
Status: in_force

(1) Except as otherwise provided in this section, a person claiming a lien under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) must retain the chattel that is subject to the lien for at least 60 days after the lien attaches to the chattel before foreclosing the lien.

(2) Except as otherwise provided in this subsection, a person claiming a lien under ORS 87.152 (Possessory lien for labor or material expended on chattel) for cost of care, materials and services bestowed on an animal must retain the animal for at least 30 days after the lien attaches to the animal before foreclosing the lien. If the lien is for veterinary services to a domestic animal, the person must retain the animal for at least five days after the lien attaches to the animal before foreclosing the lien. As used in this subsection, “domestic animal” means an animal that is not livestock as defined in ORS 72.1030 (Definitions and index of definitions) and for which the veterinary services were requested by an owner or other person with apparent authority regarding care of the animal.

(3) A person claiming a lien under ORS 87.152 (Possessory lien for labor or material expended on chattel) for the cost of removing, towing or storage of a vehicle that is appraised by a person who holds a certificate issued under ORS 819.480 (Vehicle appraiser certificate) to have a value of:

(a) $1,000 or less but more than $500, must retain the vehicle at least 30 days after the lien attaches to the vehicle before foreclosing the lien.

(b) $500 or less, must retain the vehicle at least 15 days after the lien attaches to the vehicle before foreclosing the lien. [1975 c.648 §7; 1979 c.401 §1; 1981 c.861 §1; 1983 c.338 §881; 1993 c.326 §9; 1995 c.758 §18; 2005 c.738 §7; 2011 c.399 §2]

Source: Section 87.172 — Time period before foreclosure allowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.150 — OR Code / Title 9 / Chapter 86 / Section 86.150
86.150 Loan agreements and promissory notes to state maximum prepayment privilege penalty
Status: in_force

(1) Any person making a loan having a loan period of more than three years secured by a mortgage or by a trust deed on real property located in this state shall, with respect to such loan, expressly and clearly state on the loan agreement and promissory note any maximum prepayment privilege penalty. The statement shall include the maximum prepayment penalty applicable for prepayment during the first year of the loan period and for each year thereafter.

(2) Violation of subsection (1) of this section with respect to a loan agreement or promissory note shall render any prepayment privilege penalty provision in the agreement void.

(3) “Loan agreement” as used in this section means a written document issued in connection with a particular loan which sets forth the terms upon which the loan will be made. “Loan agreement” does not include a mortgage or trust deed which secures a promissory note. Nothing in this section shall be deemed to require a lender to issue a loan agreement.

(4) This section does not apply to any loan agreement executed on or before September 13, 1967, or any loan not primarily for personal, family or household use. [1967 c.336 §§1,2; 1987 c.716 §3]

Source: Section 86.150 — Loan agreements and promissory notes to state maximum prepayment privilege penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.060 — OR Code / Title 9 / Chapter 87 / Section 87.060
87.060 Foreclosure
Status: in_force

(1) A suit to enforce a lien perfected under ORS 87.035 (Perfecting lien) shall be brought in circuit court, and the pleadings, process, practice and other proceedings shall be the same as in other cases.

(2) In a suit to enforce a lien perfected under ORS 87.035 (Perfecting lien) , evidence of the actual costs of the labor, equipment, services and material provided by the lien claimant establishes a rebuttable presumption that those costs are the reasonable value of that labor, equipment, services and material.

(3) In a suit to enforce a lien perfected under ORS 87.035 (Perfecting lien) , the court shall allow or disallow the lien. If the lien is allowed, the court shall proceed with the foreclosure of the lien and resolve all other pleaded issues. If the lien is disallowed, and a party has made a demand for a jury trial as provided for in subsection (4) of this section, the court shall impanel a jury to decide any issues triable of right by a jury. All other issues in the suit shall be tried by the court.

(4) A party may demand a trial by jury of any issue triable of right by a jury after the lien is disallowed, if that party serves a demand therefor in writing upon the other parties at any time prior to commencement of the trial to foreclose the lien. The demand shall be filed with the court. The failure of a party to serve a demand as required by this subsection shall constitute a waiver by the party of trial by jury. A demand for trial by jury made as provided in this subsection may not be withdrawn without the consent of the parties.

(5) When notice of intent to foreclose the lien has been given, pleaded and proven as provided for in ORS 87.057 (Notice of intent to foreclose) , the court, upon entering judgment for the lien claimant, shall allow as part of the costs all moneys paid for the filing or recording of the lien and all moneys paid for title reports required for preparing and foreclosing the lien. In a suit to enforce a lien perfected under ORS 87.035 (Perfecting lien) the court shall allow a reasonable amount as attorney fees at trial and on appeal to the party who prevails on the issues of the validity and foreclosure of the lien.

(6) In case the proceeds of any sale under ORS 87.001 (Short title) to 87.060 (Foreclosure) and 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner) are insufficient to pay all lienholders claiming under such statutes, the liens of all persons shall be paid pro rata. Each claimant is entitled to execution for any balance due the claimant after the distribution of the proceeds, and that execution shall be issued by the clerk of the court, upon demand, after the return of the sheriff or other officer making the sale showing the balance due.

(7) All suits to enforce any lien perfected under ORS 87.035 (Perfecting lien) shall have preference on the calendar of the court over every civil suit, except suits to which the state is a party, and shall be tried by the court without unnecessary delay. In such a suit, all persons personally liable, and all lienholders whose claims have been filed for record pursuant to ORS 87.035 (Perfecting lien) , shall, and all other persons interested in the matter in controversy, or in the property sought to be charged with the lien, may be made parties; but persons not made parties are not bound by the proceedings. The proceedings upon the foreclosure of the liens perfected under ORS 87.035 (Perfecting lien) shall, as nearly as possible, conform to the proceedings of a foreclosure of a mortgage lien upon real property. [Amended by 1975 c.466 §16; 1981 c.897 §20; 1981 c.898 §44; 1983 c.517 §2; 1987 c.662 §13]

Source: Section 87.060 — Foreclosure; right to jury trial; distribution of proceeds of foreclosure sale , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.192 — OR Code / Title 9 / Chapter 87 / Section 87.192
87.192 Notice of foreclosure sale to lien debtor
Status: in_force

(1) Intentionally left blank —Ed.

(a) Before a lien claimant forecloses by sale a lien created under ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.162 (Landlord’s lien) , the lien claimant shall give notice of the foreclosure sale to the lien debtor by first class mail with certificate of mailing, registered mail or certified mail sent to the lien debtor at the lien debtor’s last-known address. The lien claimant shall give notice of the foreclosure sale to the lien debtor:

(A) Except as otherwise provided in this paragraph, at least 30 days before the foreclosure sale.

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

(b) If the chattel to be sold at a foreclosure sale is chattel for which the Department of Transportation has issued a certificate of title under ORS 803.045 (Issuance of title) , for which the State Marine Board requires a certificate of title under ORS 830.810 (Certificate of title) or for which the Oregon Department of Aviation requires a certificate of registration under ORS 837.040 (Persons required to register aircraft) , the lien claimant shall include with the notice described in paragraph (a) of this subsection a copy of an invoice, work or repair order, authorization for towing, official form that authorizes a law enforcement agency to impound the chattel or any other record or document that is evidence of the basis for the lien.

(c) If a lien claimant fails to give notice in accordance with this subsection to a lien debtor concerning chattel described in paragraph (b) of this subsection, the lien claimant is liable to the lien debtor for a sum equal to the fair market value of the chattel sold at the foreclosure sale. The lien debtor may bring an action to recover the sum and reasonable attorney fees.

(2) The lien claimant shall give public notice of the foreclosure sale by posting notice of the foreclosure sale in a public place at or near the front door of the county courthouse of the county in which the sale is to be held and, except as provided in paragraph (b) of this subsection, in a public place at the location where the lien claimant obtained possession of the chattel to be sold from the lien debtor. The following apply to notice under this subsection:

(a) The lien claimant shall give notice under this subsection not later than the time required for notice to a lien debtor under subsection (1) of this section.

(b) This subsection does not require the lien claimant to post notice at the location where the lien claimant obtained the chattel if the chattel is a chattel for which the Department of Transportation has issued a certificate of title under ORS 803.045 (Issuance of title) , for which the State Marine Board requires a certificate of title under ORS 830.810 (Certificate of title) or for which the Oregon Department of Aviation requires a certificate of registration under ORS 837.040 (Persons required to register aircraft) .

(3) If the chattel to be sold at a foreclosure sale is something other than an abandoned vehicle and has a fair market value of $1,000 or more, or if the chattel to be sold is an abandoned vehicle and has a fair market value of $2,500 or more, the lien claimant, in addition to the notice required by subsection (2) of this section, shall have a notice of foreclosure sale printed once a week for two successive weeks in a daily or weekly newspaper, as defined in ORS 193.010 (Definitions for ORS 193.010 and 193.020) , published in the county in which the sale is held or, if there is none, in a daily or weekly newspaper, as defined in ORS 193.010 (Definitions for ORS 193.010 and 193.020) , generally circulated in the county in which the sale is held.

(4) The notice of foreclosure sale required under this section must contain a particular description of the property to be sold, the name of the owner or reputed owner of the property, the amount due on the lien, the time and the place of the sale and the name of the person foreclosing the lien. [1975 c.648 §10; 1981 c.861 §2; 1983 c.436 §1; 1983 c.338 §882; 1993 c.326 §10; 1995 c.758 §19; 2005 c.738 §8; 2014 c.65 §1]

Source: Section 87.192 — Notice of foreclosure sale to lien debtor; public notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.695 — OR Code / Title 9 / Chapter 87 / Section 87.695
87.695 Short title
Status: in_force

ORS 87.685 (Definitions for ORS 87.685 to 87.695) to 87.695 (Short title) shall be known as the Oregon Self-Service Storage Facility Act. [1997 c.374 §1; 1999 c.59 §253]

Source: Section 87.695 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.120 — OR Code / Title 9 / Chapter 86 / Section 86.120
86.120 Discharge of mortgage on real property
Status: in_force

No mortgage upon real property shall be discharged except as provided in ORS 86.110 (Discharge of record by owner and holder of mortgage note who is not the mortgagee of record) or by the person appearing upon the records of the county where the mortgage is recorded to be the owner thereof. A discharge of the mortgage by such person shall operate to free the land described in the mortgage from the lien of the mortgage as against all subsequent purchasers and incumbrances for value and without notice.

Source: Section 86.120 — Discharge of mortgage on real property; effect of discharge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.020 — OR Code / Title 9 / Chapter 86 / Section 86.020
86.020 Covenant to pay money not implied
Status: in_force

No mortgage shall be construed as implying a covenant for the payment of the sum thereby secured. When there is no express covenant for such payment contained in the mortgage, and no bond or other separate instrument to secure such payment shall have been given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage.

Source: Section 86.020 — Covenant to pay money not implied , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.240 — OR Code / Title 9 / Chapter 86 / Section 86.240
86.240 Limit on amount required in security protection escrow account
Status: in_force

(1) No lender, in connection with a real estate loan agreement, shall require a borrower or prospective borrower:

(a) To deposit in any escrow account which may be established in connection with the agreement, prior to or upon the date of settlement, a sum in excess of the estimated total amount of property taxes, insurance premiums, and similar charges which actually will be due and payable on the date of settlement, and the pro rata portion thereof which has accrued, plus one-sixth of the estimated total amount of the charges which will become due and payable during the 12-month period beginning on the date of settlement; or

(b) To deposit in any escrow account, which may be established in connection with the agreement, in any month beginning after the date of settlement a sum in excess of one-sixth of the total amount of estimated property taxes, insurance premiums or similar charges which will become due and payable during the 12-month period beginning on the first day of the month, except that in the event the lender determines there will be a deficiency on the due date, the lender shall not be prohibited from requiring additional monthly deposits in the escrow account of pro rata portions of the deficiency corresponding to the number of months from the date of the lender’s determination of the deficiency to the date upon which the charges become due and payable.

(2) For real estate loan agreements subject to the federal Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) and to Regulation X of the federal Department of Housing and Urban Development (24 C.F.R. 3500.1 et seq.), compliance with the Real Estate Settlement Procedures Act and with Regulation X shall be considered to be compliance with this section. [1975 c.337 §13; 1995 c.182 §1]

Source: Section 86.240 — Limit on amount required in security protection escrow account; compliance with federal laws for certain loans as compliance with state laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.336 — OR Code / Title 9 / Chapter 86a / Section 86a.336
86A.336 Suspension or removal of licensee’s director or officer
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the Director of the Department of Consumer and Business Services determines that a director or officer of a licensee has violated ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) , a rule the Director of the Department of Consumer and Business Services adopted or an order the director issued under ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) , directives or instructions the director included in an order or another applicable law, the Director of the Department of Consumer and Business Services may order the licensee’s board of directors or controller to suspend or remove the licensee’s director or officer.

(b) A director or officer that the Director of the Department of Consumer and Business Services has ordered a licensee’s board of directors or controller to remove may not, without the Director of the Department of Consumer and Business Services” permission, act in any official capacity or conduct any business for the licensee and may not in the capacity of a director, officer, controller or stockholder have access to the licensee’s assets, books, accounts, papers, records, files, correspondence, contracts and agreements, disclosures, documentation and other information or material the licensee uses in conducting business.

(2) The Director of the Department of Consumer and Business Services shall issue an order under this section in writing and cause the order to be served personally or by certified mail on the licensee and the director or officer that is the subject of the order. The Director of the Department of Consumer and Business Services may issue the order without an administrative hearing.

(3) Intentionally left blank —Ed.

(a) The board of directors or controller of a licensee that receives an order under this section shall immediately suspend from office the director or officer that is the subject of the order.

(b) The director or officer that is the subject of an order under this section may appeal the order as a contested case under ORS 183.415 (Notice of right to hearing) to 183.500 (Appeals) .

(4) The board of directors or the controller for a licensee by resolution shall remove a director or officer that is the subject of an order under this section and declare the director’s or officer’s office vacant if:

(a) The director or officer does not appeal the order by the date on which the period for an appeal under ORS 183.415 (Notice of right to hearing) to 183.500 (Appeals) expires; or

(b) The order of the Director of the Department of Consumer and Business Services is affirmed on appeal. [2017 c.636 §13]

Source: Section 86A.336 — Suspension or removal of licensee’s director or officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86.130 — OR Code / Title 9 / Chapter 86 / Section 86.130
86.130 Discharge by foreign executors, administrators, conservators and guardians
Status: in_force

Foreign executors, administrators, conservators and guardians may discharge mortgages upon the records of any county upon recording with the recording officer of the county in which the mortgage is recorded a certified copy of their letters testamentary, or of administration, or of guardianship or of conservatorship. The certificate shall include a statement that the letters are in effect, and the certificate shall be recorded in the mortgage records. [Amended by 1973 c.506 §§2,44]

Source: Section 86.130 — Discharge by foreign executors, administrators, conservators and guardians , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.205 — OR Code / Title 9 / Chapter 86 / Section 86.205
86.205 Definitions for ORS 86.205 to 86.275
Status: in_force

As used in ORS 86.205 (Definitions for ORS 86.205 to 86.275) to 86.275 (Severability) :

(1) “Borrower” means any person who becomes obligated on a real estate loan agreement, either directly or indirectly, and includes, but is not limited to, mortgagors, grantors under trust deeds, vendees under conditional land sales contracts, and persons who purchase real property that secures a real estate loan agreement, whether the persons assume the loan or purchase the property subject to the loan.

(2) “Direct reduction provision” or “capitalization provision” means any provision that is part of a real estate loan agreement, whether incorporated into the agreement or as part of a separately executed document, under the terms of which the borrower makes periodic prepayment of property taxes, insurance premiums and similar charges to the lender or the designee of the lender, who applies the prepayments first to accrued interest and then to the principal amount of the loan, and upon paying the charges, adds the amount of the payment to the principal amount of the loan.

(3) “Escrow account” means any account that is a part of a real estate loan agreement, whether incorporated into the agreement or as part of a separately executed document, into which the borrower makes periodic prepayment to the lender or the designee of the lender of taxes, insurance premiums, and similar charges, and out of which the lender or the designee of the lender pays the charges at the due dates.

(4) “Lender” means any person who makes, extends, or holds a real estate loan agreement and includes, but is not limited to, mortgagees, beneficiaries under trust deeds, and vendors under conditional land sales contracts.

(5) “Lender’s security protection provision” means any provision that is a part of a real estate loan agreement, whether incorporated into the agreement or as part of a separately executed document, under the terms of which the borrower prepays, pledges or otherwise commits cash or other assets the borrower owns in advance of due dates for payments of property taxes, insurance premiums and similar charges relating to the property securing the loan in order to ensure timely payment of the charges and protect the lender’s security interest in the property, and includes, but is not limited to, escrow accounts, direct reduction provisions, capitalization provisions, and pledges of savings accounts.

(6) “Person” means an individual, a corporation, an association or a partnership and includes, but is not limited to, a financial institution as defined in ORS 706.008 (Additional definitions for Bank Act) , an investment company, an insurance company, a pension fund, or a mortgage company.

(7) “Real estate loan agreement” or “real estate loan” means any agreement that provides for a loan on residential property, including multifamily property, that the borrower occupies and that is secured in whole or in part by real property, or any interest in real property, that is located in this state, and includes, but is not limited to, a mortgage, a trust deed or a conditional land sale contract. [1975 c.337 §1; 1997 c.631 §385; 2009 c.294 §11; 2013 c.200 §1]

Source: Section 86.205 — Definitions for ORS 86.205 to 86.275 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.200 — OR Code / Title 9 / Chapter 86a / Section 86a.200
86A.200 Definitions
Status: in_force

As used in ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) :

(1) “Depository institution” means a depository institution, as defined in 12 U.S.C. 1813(c), and a credit union, as defined in ORS 723.008 (“Credit union” defined for ORS 723.136 and 723.464 to 723.498) .

(2) “Federal banking agency” means:

(a) The Board of Governors of the Federal Reserve System;

(b) The Comptroller of the Currency;

(c) The Director of the Office of Thrift Supervision in the United States Department of the Treasury;

(d) The National Credit Union Administration Board; and

(e) The Board of Directors of the Federal Deposit Insurance Corporation.

(3) Intentionally left blank —Ed.

(a) “Loan processor or underwriter” means an individual who, after receiving an application, performs clerical or support duties that include:

(A) Receiving, collecting, distributing and analyzing information commonly used in processing or underwriting a residential mortgage loan; or

(B) Communicating with a consumer to obtain information necessary to process or underwrite a residential mortgage loan.

(b) “Loan processor or underwriter” does not include an individual who communicates with a consumer for the purpose of offering or negotiating residential mortgage loan terms with the consumer or offering counsel or consultation to the consumer concerning residential mortgage loan terms or rates.

(4) Intentionally left blank —Ed.

(a) “Mortgage loan originator” means an individual who, for compensation or gain:

(A) Takes an application for a residential mortgage loan; or

(B) Offers or negotiates terms for a residential mortgage loan.

(b) “Mortgage loan originator” does not include:

(A) An individual who, as an employee or independent contractor, works solely as a loan processor or underwriter;

(B) A person that performs professional real estate activities, as defined in ORS 696.010 (Definitions) , unless the person is compensated by a mortgage banker, mortgage broker, mortgage loan originator or lender or an agent of a mortgage banker, mortgage broker, mortgage loan originator or lender;

(C) An individual that extends credit solely in connection with a timeshare plan, as defined in 11 U.S.C. 101(53D); or

(D) An individual who:

(i) Is employed by a person that is licensed by the Director of the Department of Consumer and Business Services; and

(ii) Collects or receives payments on behalf of a person that holds a residential mortgage, including payments of principal, interest, escrow amounts and other amounts due on obligations that under the terms of the note are due and owed to the person that holds the residential mortgage.

(5) “Nationwide Mortgage Licensing System and Registry” means a system that the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators maintain to register and license mortgage loan originators.

(6) “Nontraditional mortgage” means a mortgage other than a 30-year fixed-rate mortgage or a mortgage that the director by rule defines as a nontraditional mortgage.

(7) “Registered mortgage loan originator” means an individual who:

(a) Is employed by:

(A) A depository institution;

(B) A subsidiary of a depository institution that is regulated by a federal banking agency; or

(C) An institution that is regulated by the Farm Credit Administration;

(b) Performs the duties of a mortgage loan originator; and

(c) Complies with the registration requirements set forth in 12 U.S.C. 5106.

(8) “Residential mortgage loan” means a loan that is secured by a mortgage, deed of trust or equivalent consensual security interest on four or fewer residential dwelling units, including but not limited to individual dwelling units, mobile homes, condominiums or cooperatives that are planned for or situated on real property in this state.

(9) “Unique identifier” means a number or other means of identification that is assigned by or under protocols established by the Nationwide Mortgage Licensing System and Registry. [2009 c.863 §1]

Source: Section 86A.200 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.142 — OR Code / Title 9 / Chapter 87 / Section 87.142
87.142 Definitions for ORS 87.142 to 87.490 and 87.910
Status: reserved

As used in ORS 87.142 (Definitions for ORS 87.142 to 87.490 and 87.910) to 87.490 (Priority of lien upon actions and judgments) and 87.910 (Cost of preparing lien notice) , unless the context otherwise requires:

(1) “Animal” means any mammal, bird, fish, reptile, amphibian or insect.

(2) “Chattel” includes movable objects that are capable of being owned, but does not include personal rights not reduced to possession but recoverable by an action at law or suit in equity, money, evidence of debt and negotiable instruments.

(3) “Electric cooperative” means a cooperative corporation organized under ORS chapter 62 the principal business of which is the construction, maintenance and operation of an electric transmission and distribution system for the benefit of the members of that cooperative corporation and which has no other principal business or purpose.

(4) “Electric utility” means a corporation engaged in distributing electricity, directly or indirectly, to or for the public and regulated by the Public Utility Commission under ORS chapter 757.

(5) “Excavation” means a shaft, tunnel, incline, adit, drift or other excavation designed for the use, working or draining of a mine.

(6) “Fair market value” means, with respect to a chattel sold at a foreclosure sale under this chapter, the price of chattels of the same kind and condition prevailing in the county of sale at the time of sale.

(7) “Fungible chattels” means chattels of which any unit is the equivalent of any other unit.

(8) “Improvement” means a road, tramway, trail, flume, ditch, pipeline, building, structure, superstructure or boardinghouse used for or in connection with the working or development of a mine.

(9) “Irrigation” includes the use of canals, ditches, pipes, pumps, spraying apparatus and other mechanical devices to water land artificially.

(10) “Mine” means a mine, lode, mining claim or deposit that contains or may contain coal, metal or mineral of any kind.

(11) “Mortgagee” means a person who has a valid subsisting mortgage of record or trust deed of record securing a loan upon any real property to be charged with a lien under ORS 87.352 (Mining labor and material lien) to 87.362 (Irrigation power lien) .

(12) “Nursery stock” means fruit trees, fruit-tree stock, nut trees, grapevines, fruit bushes, rose bushes, rose stock, forest and ornamental trees, and shrubs both deciduous and evergreen, florists’ stock and cuttings, scions and seedlings of fruit or ornamental trees and shrubs, and all other fruit-bearing plants and parts thereof and plant products for propagation or planting.

(13) “Owner” includes:

(a) A person who has title to a chattel or real property;

(b) A person who is in possession of a chattel or real property under an agreement for the purchase thereof, whether the title thereto is in the person or the vendor of the person; or

(c) A person who is in lawful possession of a chattel or real property.

(14) “Person” includes individuals, corporations, associations, firms, partnerships and joint stock companies.

(15) “Security interest” means an interest in a chattel reserved or created by an agreement that secures payment or performance of an obligation as more particularly defined by ORS 71.2010 (General definitions) (2)(ii).

(16) “Timbers” means sawlogs, spars, piles, felled logs and other wood growth that has been cut or separated from land.

(17) “Wood products” includes lumber, slabwood, plywood and other wood products produced from timbers. The term does not include paper or products made from paper. [1975 c.648 §1; 1999 c.940 §1; 2001 c.301 §5; 2009 c.181 §104]

Source: Section 87.142 — Definitions for ORS 87.142 to 87.490 and 87.910 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.239 — OR Code / Title 9 / Chapter 86a / Section 86a.239
86A.239 Display of license and unique identifier
Status: in_force

(1) Intentionally left blank —Ed.

(a) A licensed mortgage loan originator shall clearly display the licensed mortgage loan originator’s unique identifier on a residential mortgage loan application form, solicitation, advertisement, promotional material or website the licensed mortgage loan originator uses in connection with the licensed mortgage loan originator’s business.

(b) The Director of the Department of Consumer and Business Services by rule may specify the location, size or other characteristics of the unique identifier that must appear on the materials described in paragraph (a) of this subsection and the materials on which the unique identifier must appear.

(2) A person that employs a licensed mortgage loan originator shall submit a report of condition to the Nationwide Mortgage Licensing System and Registry. The form and contents of the report and the times at which the licensed mortgage loan originator submits the report shall comply with the specifications of the Nationwide Mortgage Licensing System and Registry.

(3) A loan processor or underwriter may not represent to the public by means of advertising, business cards, stationery, brochures, signs, rate lists or other communications, promotional items or methods that the loan processor or underwriter can, will or is authorized to perform the duties of a mortgage loan originator unless the loan processor or underwriter obtains a mortgage loan originator’s license under ORS 86A.212 (Findings required for issuing license) . [2009 c.863 §13]

Source: Section 86A.239 — Display of license and unique identifier; rules; report of condition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86a.109 — OR Code / Title 9 / Chapter 86a / Section 86a.109
86A.109 Expiration of initial license
Status: in_force

(1) An initial license expires one year after the date of issuance unless the Director of the Department of Consumer and Business Services establishes a different expiration date to coordinate with the Nationwide Mortgage Licensing System and Registry.

(2) The director by rule shall establish procedures to renew a license. The rule shall specify the duration of a renewed license.

(3) If there is a change in the partners, directors, officers or persons that occupy similar positions or perform similar functions, or persons that directly or indirectly control a mortgage banker or mortgage broker, written notification of the change must be filed promptly with the director. No fee is required for the notification. [Formerly 59.855]

Source: Section 86A.109 — Expiration of initial license; renewal; duration of renewed license; change in personnel; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.162 — OR Code / Title 9 / Chapter 87 / Section 87.162
87.162 Landlord’s lien
Status: in_force

Except as provided in ORS 87.156 (Innkeeper’s lien) and 90.120 (Applicability of other statutory lien, tenancy and rent provisions) , a landlord has a lien on all chattels, except wearing apparel as defined in ORS 18.345 (Exempt personal property generally) (1), owned by a tenant or occupant legally responsible for rent, brought upon the leased premises, to secure the payment of rent and such advances as are made on behalf of the tenant. The landlord may retain the chattels until the amount of rent and advances is paid. [1975 c.648 §5; 1981 c.258 §1; 1997 c.374 §8]

Source: Section 87.162 — Landlord’s lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.920 — OR Code / Title 9 / Chapter 87 / Section 87.920
87.920 Recording of document not to create lien, affect title or constitute notice except as authorized by law
Status: in_force

Except where filing of the document is specifically required or authorized by statute, no document filed for recording or otherwise with any public officer in this state before or after October 15, 1983, shall create a lien or encumbrance upon or affect the title to the real or personal property of any person or constitute actual or constructive notice to any person of the information contained therein. [1983 c.763 §62]

Note: 87.920 (Recording of document not to create lien, affect title or constitute notice except as authorized by law) 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 87.920 — Recording of document not to create lien, affect title or constitute notice except as authorized by law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.095 — OR Code / Title 9 / Chapter 86 / Section 86.095
86.095 Acts not affecting priority of lien of credit instrument
Status: in_force

(1) Actions that do not affect the priority granted to the lien of a credit instrument at the time it is first received for recordation shall include but shall not be limited to:

(a) Renegotiation or adjustment of the initial interest rate provided in the note or the credit instrument, upward or downward, which may increase or decrease the amount of periodic payments or may extend or shorten the term of the credit instrument, or both;

(b) An increase in the underlying obligation secured by the credit instrument during any part of the term of the credit instrument as a result of deferment of all or a portion of the interest payments and the addition of such payments to the outstanding balance of the obligation;

(c) Execution of new notes at designated intervals during the term of the credit instrument that reflect changes made pursuant to paragraph (a) or (b) of this subsection;

(d) Extension of the term of the credit instrument;

(e) Substitution of a note if there is no increase in the principal amount to be paid under the note;

(f) Modification of periodic payments required under the note if there is no increase in the principal amount due under the note; or

(g) Advances made under ORS 86.155 (Priority of line of credit instrument as to certain advances) .

(2) As used in this section, the addition of accrued interest to the principal amount of the underlying obligation is not an increase in the principal amount.

(3) As used in this section, “credit instrument” includes a mortgage, a line of credit instrument, a deed of trust and a contract for sale of real property. [1981 c.304 §2; 1987 c.716 §2; 1991 c.246 §1; 2001 c.20 §1]

Source: Section 86.095 — Acts not affecting priority of lien of credit instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.093 — OR Code / Title 9 / Chapter 87 / Section 87.093
87.093 Information Notice to Owner
Status: in_force

(1) The Construction Contractors Board shall adopt by rule a form entitled “Information Notice to Owner” which shall describe, in nontechnical language and in a clear and coherent manner using words in their common and everyday meanings, the pertinent provisions of the Construction Lien Law of this state and the rights and responsibilities of an owner of property and an original contractor under that law. The “Information Notice to Owner” shall include signature lines for the contractor and the property owner. The rights and responsibilities described in the form shall include, but not be limited to:

(a) Methods by which an owner may avoid multiple payments for the same materials and labor;

(b) The right to file a complaint against a licensed contractor with the board and, if appropriate, to be reimbursed from the contractor’s bond filed under ORS chapter 701; and

(c) The right to receive, upon written request therefor, a statement of the reasonable value of materials, equipment, services or labor provided from the persons providing the materials, equipment, services or labor at the request of an original contractor and who have also provided notices of right to a lien.

(2) Each original contractor shall deliver a copy of the “Information Notice to Owner” adopted by the board under this section to:

(a) The first purchaser of residential property constructed by the contractor and sold before or within the 75-day period immediately following the completion of construction; and

(b) The owner or an agent of the owner, other than an original contractor, at the time of signing a residential construction or improvement contract with the owner.

(3) The contractor shall deliver the “Information Notice to Owner” personally, by registered or certified mail or by first class mail with certificate of mailing.

(4) This section applies only to a residential construction or improvement contract for which the aggregate contract price exceeds $2,000. If the price of a residential construction or improvement contract was initially less than $2,000, but during the course of the performance of the contract exceeds that amount, the original contractor shall mail or otherwise deliver the “Information Notice to Owner” not later than five days after the contractor knows or should reasonably know that the contract price will exceed $2,000.

(5) Notwithstanding subsections (2) and (4) of this section, the original contractor need not send the owner an “Information Notice to Owner” if the owner is a contractor licensed with the board under ORS chapter 701.

(6) Notwithstanding ORS 87.010 (Construction liens) and 87.030 (Effect of owner’s knowledge of improvement) , if an original contractor does not deliver an owner or agent with an “Information Notice to Owner” as required under subsections (2) to (4) of this section, the original contractor may not claim any lien created under ORS 87.010 (Construction liens) upon any improvement, lot or parcel of land of the owner for labor, services or materials supplied under the residential construction or improvement contract for which the original contractor failed to deliver the required “Information Notice to Owner”.

(7) If an original contractor does not deliver an “Information Notice to Owner” to an owner or agent as required under subsection (2) of this section, the board may suspend the license of the original contractor for any period of time that the board considers appropriate or impose a civil penalty of not more than $5,000 upon the original contractor as provided in ORS 701.992 (Civil penalties and other sanctions) .

(8) As used in this section:

(a) “Residential construction or improvement” means the original construction of residential property and the repair, replacement, remodeling, alteration or improvement of residential property.

(b) “Residential construction or improvement contract” means a written agreement between an original contractor and an owner for the performance of a residential construction or improvement and all labor, services and materials furnished and performed under the agreement.

(c) “Residential property” includes, but is not limited to, a residential dwelling and the driveways, swimming pools, terraces, patios, fences, porches, garages, basements, other structures and land that are adjacent or appurtenant to a residential dwelling. [1981 c.757 §9; 1983 c.757 §3; 1985 c.596 §3; 1987 c.662 §18; 1991 c.67 §14; 1995 c.771 §7; 1999 c.402 §1; 2007 c.648 §16; 2007 c.793 §3; 2009 c.408 §1]

Source: Section 87.093 — Information Notice to Owner; rules; contents; when notice must be delivered; effect of failure to deliver notice; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.157 — OR Code / Title 9 / Chapter 86a / Section 86a.157
86A.157 Clients’ Trust Account
Status: in_force

(1) Each mortgage banker or mortgage broker shall maintain in this state one or more separate bank accounts that shall be designated a Clients’ Trust Account in which all trust funds received or handled by the mortgage banker or mortgage broker shall be deposited unless, pursuant to written agreement of all parties having an interest in the trust funds, the trust funds are immediately placed in a neutral escrow depository in this state.

(2) Each mortgage banker or mortgage broker shall file with the Director of the Department of Consumer and Business Services, on forms approved by the director, a statement identifying the name of the bank or banks, account number or account numbers, and name of account or accounts for each Clients’ Trust Account maintained.

(3) Each mortgage banker or mortgage broker shall authorize the director or an authorized representative of the director, on a form approved by the director, to examine any Clients’ Trust Account, by a duly authorized representative of the director. The examination shall be made at such times as the director may direct.

(4) If a branch office maintains a separate Clients’ Trust Account, a separate bookkeeping system shall be maintained in the branch office, provided a copy of all documents evidencing payments into and from the Clients’ Trust Account is maintained in the main office of the mortgage banker or mortgage broker.

(5) Trust funds received by a mortgage banker or mortgage broker may be placed by the mortgage banker or mortgage broker in a federally insured interest-bearing bank account, designated a Clients’ Trust Account, but only with the prior written approval of all parties having an interest in the trust funds. The earnings of such interest-bearing account shall not inure to the benefit of the mortgage banker or mortgage broker unless expressly approved in writing before deposit of the trust funds by all parties having an interest in the trust funds.

(6) A mortgage banker or mortgage broker is not entitled to any part of any interest earnings on trust funds deposited under subsection (5) of this section or to any part of the earnest money or other money paid to the mortgage banker or mortgage broker in connection with any real estate transaction as part or all of the mortgage banker’s or mortgage broker’s commission or fee until the transaction has been completed or terminated. The question of the disposition of forfeited earnest money shall be negotiated between a mortgage banker or mortgage broker and a client at the time of executing any earnest money agreement. The result of such negotiation shall be filled in on the agreement form at the time of signing by the client and either separately initialed by the client or placed immediately above the signature of the client.

(7) Clients’ Trust Account funds are not subject to execution or attachment on any claim against the mortgage banker or mortgage broker.

(8) No person shall knowingly keep or cause to be kept any funds or money in any bank under the heading of Clients’ Trust Account or any other name designating such funds or money as belonging to the clients of any mortgage banker or mortgage broker, except actual trust funds deposited with the banker or broker.

(9) The director may provide by rule for other records to be maintained and for the manner in which trust funds are deposited, held and disbursed. [Formerly 59.935]

Source: Section 86A.157 — Clients’ Trust Account; examination; deposit of funds; interest; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86.260 — OR Code / Title 9 / Chapter 86 / Section 86.260
86.260 Payment of taxes where security protection provision required
Status: in_force

(1) If a lender has a requirement that the borrower pay funds into a lender’s security protection provision for the payment of property taxes on property that is the security for the real estate loan agreement, insurance premiums, and similar charges, and there are funds in the account, the lender shall pay the taxes or the amount in the account if less than the taxes due, in time to take advantage of any discount authorized by ORS 311.505 (Due dates) , and all other charges on or before the due dates for payments.

(2) Intentionally left blank —Ed.

(a) If the lender fails to pay the taxes in accordance with subsection (1) of this section resulting in a loss of discount to the borrower, the lender shall credit the lender’s security protection provision in an amount equal to the amount of discount denied on account of such failure, together with any interest that has accrued on the unpaid property taxes to the date the property taxes are finally paid.

(b) If the failure of the lender to comply with subsection (1) of this section is willful and results in the loss to the borrower of the discount, or if the failure to comply was not willful but upon discovery of the failure to comply and the loss of discount, the lender fails to credit the lender’s security protection provision required by paragraph (a) of this subsection, the borrower shall have a cause of action against the lender to recover an amount equal to 15 times the amount of discount the borrower would have received, together with any interest that accrued on the unpaid property taxes to the date of recovery. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1975 c.337 §11; 1979 c.703 §15; 1981 c.897 §18; 1995 c.618 §48]

Source: Section 86.260 — Payment of taxes where security protection provision required; credit of discount where taxes not paid; cause of action by borrower , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86a.309 — OR Code / Title 9 / Chapter 86a / Section 86a.309
86A.309 Application for license
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person that is subject to the requirement to obtain or renew a license under ORS 86A.306 (License requirement) (1) or (3) shall submit an application to the Director of the Department of Consumer and Business Services in the manner, on a form and with the contents the director specifies by rule.

(b) The director by rule may require an applicant to submit the application described in paragraph (a) of this subsection to the Nationwide Mortgage Licensing System and Registry instead of, or in addition to, submitting the application to the director.

(2) Intentionally left blank —Ed.

(a) An applicant shall submit with or as part of an application under subsection (1) of this section:

(A) Fingerprints from all of the applicant’s controllers, registered agents and managers;

(B) A unique identifier that the applicant applies for and receives from the Nationwide Mortgage Licensing System and Registry;

(C) The name and address of the applicant’s registered agent in this state;

(D) The street address of the applicant’s principal place of business and of each branch office in this state at or from which the applicant will service a residential mortgage loan;

(E) The name of the manager of any branch office the applicant maintains in this state;

(F) The assumed business name, if any, that the applicant intends to use or under which the applicant intends to operate; and

(G) Other information the director requires to conduct a background check and evaluate the application.

(b) The director by rule may modify or waive, for an application to renew a license, any requirement under paragraph (a) of this subsection that the director determines is not necessary for evaluating or approving the application for renewal.

(3) At the time an applicant submits an application under subsection (1) of this section, the applicant shall also:

(a) Pay to the director a fee in an amount that the director specifies by rule. The director shall specify the fee in an amount that is sufficient, when aggregated with fees from other applicants, to meet the director’s cost of administering ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) .

(b) Submit to the director a corporate surety bond or irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , that runs to the State of Oregon in an amount the director specifies by rule. If the applicant seeks to renew a license and submitted a corporate surety bond or irrevocable letter of credit previously, the applicant shall show that the corporate surety bond or irrevocable letter of credit remains effective in the amount the director specifies.

(4) Intentionally left blank —Ed.

(a) The director may not issue or renew a license under this section unless the director finds that:

(A) The applicant submitted a complete application that does not contain a material misstatement;

(B) The application identifies a registered agent in this state;

(C) The application names a manager for each of the applicant’s branch offices in this state;

(D) The applicant and the applicant’s controllers, registered agents and managers have not pleaded guilty or no contest in, or been convicted by, a state, federal, foreign or military court:

(i) In the seven years before the date of the application, if the plea or conviction was for a felony, or for a misdemeanor an essential element of which involved a false statement or dishonesty; or

(ii) At any time before the date of the application if the plea or conviction was for a felony an element of which was fraud, dishonesty, a breach of trust or laundering a monetary instrument;

(E) The applicant and the applicant’s controllers, registered agents and managers have demonstrated adequate financial responsibility, character and general fitness to command the confidence of the community and warrant a determination that the applicant will operate honestly, fairly and efficiently under the provisions of ORS 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) ;

(F) The applicant has paid the fee and submitted the corporate surety bond or irrevocable letter of credit required under subsection (3) of this section; and

(G) The applicant has satisfied any other criteria for evaluating the applicant’s financial responsibility and fitness the director specifies by rule.

(b) An applicant need not report a conviction on an application under this section if the conviction was later pardoned.

(5) Intentionally left blank —Ed.

(a) The director may deny, revoke or decline to renew a license if an applicant, a licensee or a person that services a residential mortgage loan:

(A) Does not meet criteria set forth in subsection (4) of this section that the director has not waived under subsection (2)(b) of this section;

(B) Engages in a course of conduct that violates state or federal law or that constitutes fraudulent, deceptive or dishonest dealing;

(C) Fails or refuses to comply with the director’s written request under ORS 86A.327 (Complaints) to respond to a complaint against the applicant or licensee; or

(D) Fails or refuses to comply with a final order the director issued.

(b) The director shall provide a licensee with notice and an opportunity for a hearing under ORS chapter 183 before revoking or declining to renew a license.

(6) Intentionally left blank —Ed.

(a) A license that the director issues or renews under this section expires on December 31 of the calendar year in which the director issued or renewed the license. A licensee shall display a copy of the license at the licensee’s principal place of business and at each branch office in this state at or from which the licensee services a residential mortgage loan.

(b) An applicant that intends to renew a license shall apply for the renewal before the license expires.

(c) A licensee may reinstate a license that has expired only if the licensee applies to renew the license under this section within the time permitted by the Nationwide Mortgage Licensing System and Registry.

(d) A licensee may not service a residential mortgage loan during a period in which the licensee has applied to reinstate a license unless the director has given conditional approval to the licensee. The conditional approval may specify which accounts the licensee may service and which services the licensee may provide during the period in which the licensee’s application for reinstatement is pending. [2017 c.636 §4]

Source: Section 86A.309 — Application for license; requirements; waiver; fee; conditions for issuance and renewal and for denial, revocation or refusal; license term; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.076 — OR Code / Title 9 / Chapter 87 / Section 87.076
87.076 Bond or deposit of money
Status: in_force

(1) The owner of an improvement or land against which a lien perfected under ORS 87.035 (Perfecting lien) is claimed, or an interested person, may file with the recording officer of the county in whose office the claim of lien is filed a bond executed by a corporation authorized to issue surety bonds in the State of Oregon to the effect that the principal or principals on the bond shall pay the amount of the claim and all costs and attorney fees that are awarded against the improvement or land on account of the lien. The bond shall be in an amount not less than 150 percent of the amount claimed under the lien, or in the amount of $1,000, whichever is greater.

(2) Intentionally left blank —Ed.

(a) In lieu of the surety bond provided for in subsection (1) of this section, the owner of an improvement or land against which a lien perfected under ORS 87.035 (Perfecting lien) is claimed, or an interested person, may deposit with the treasurer of the county in which the claim of lien is filed a sum of money or the equivalent of money equal in value to 150 percent of the amount claimed under the lien, or in the amount of $1,000, whichever is greater.

(b) A person who makes a deposit under paragraph (a) of this subsection is entitled to any investment income. The treasurer shall pay the investment income to the person who makes the deposit at the time the treasurer, in accordance with ORS 87.083 (Foreclosure after filing of bond or deposit of money) , distributes the money deposited under this subsection. The person who makes the deposit bears the risk for a loss that results from an investment of the money deposited.

(3) A person may file a bond or deposit money under subsection (1) or (2) of this section at any time after the claim of lien is filed under ORS 87.035 (Perfecting lien) .

(4) Intentionally left blank —Ed.

(a) A person entitled to post a bond under subsection (1) of this section or a cash deposit under subsection (2) of this section may deliver pursuant to ORS 87.018 (Delivery of notices) a written demand to the lien claimant that a lien perfected under ORS 87.035 (Perfecting lien) be released and a notice that if the lien is not released the person may recover the actual costs the person incurred in complying with this section and ORS 87.078 (Notice of filing bond or depositing money) and 87.081 (Filing affidavit with county officer) or the sum of $500, whichever is greater. If the lien is not released within 10 days after the demand and notice is delivered and the lien claimant or an assignor of the lien claimant does not bring a suit to foreclose the lien within the time provided in ORS 87.055 (Duration of lien) , and if the person who made the demand has complied with this section and ORS 87.078 (Notice of filing bond or depositing money) and 87.081 (Filing affidavit with county officer) , then the lien claimant or assignor of the lien claimant who fails to release or foreclose the lien is liable to the person for the actual costs the person incurred in complying with this section and ORS 87.078 (Notice of filing bond or depositing money) and 87.081 (Filing affidavit with county officer) or the sum of $500, whichever is greater, in addition to any other remedy provided by law or equity.

(b) In an action to recover damages under this subsection in which the plaintiff prevails, the court, at trial and on appeal, shall allow and fix a reasonable amount for attorney fees for prosecution of the action, if the court finds that a written demand for payment of the claim was made on the defendant not less than 20 days before commencement of the action. However, the court may not allow attorney fees to the plaintiff, but shall allow attorney fees to the defendant, if the court finds that the defendant tendered to the plaintiff prior to commencement of the action an amount not less than the damages awarded to the plaintiff.

(c) If a lien claimant or an assignor of the lien claimant is served with a demand under paragraph (a) of this subsection and is a prevailing party in the suit to foreclose the lien, then in addition to other costs and attorney fees to which the lien claimant or the assignor of the lien claimant is entitled, the court shall allow the actual costs incurred in addressing the demand or the sum of $500, whichever is greater. [1975 c.466 §17; 1983 c.513 §3; 1987 c.662 §15; 1999 c.845 §1; 2009 c.513 §1]

Source: Section 87.076 — Bond or deposit of money; amount; demand for release of lien; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.115 — OR Code / Title 9 / Chapter 86a / Section 86a.115
86A.115 Grounds for denying, suspending, conditioning or revoking license
Status: in_force

Except as provided in ORS 86A.118 (Action against applicant or licensee for act or omission of associate) , the Director of the Department of Consumer and Business Services may by order deny, suspend, condition or revoke a license if the director finds that the applicant or licensee:

(1) Is insolvent, either in the sense that the liabilities of the applicant or licensee exceed the assets of the applicant or licensee or that the applicant or licensee cannot meet the obligations of the applicant or licensee as the obligations mature, or that the applicant or licensee is in such financial condition that the applicant or licensee cannot continue in business with safety to the customers of the applicant or licensee.

(2) Engaged in dishonest, fraudulent or illegal practices or conduct in any business or profession or unfair or unethical practices or conduct in connection with the mortgage business.

(3) Willfully or repeatedly violated or failed to comply with a provision of ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) or a rule or order of the director.

(4) Failed, in conducting business as a mortgage banker or mortgage broker, to comply 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.

(5) Was convicted of a misdemeanor, an essential element of which is fraud, or of a felony.

(6) Filed an application for a license that, as of the date the license was issued, or as of the date of an order that denied, suspended, conditioned or revoked a license, was incomplete in any material respect or contained a statement that was, in light of the circumstances under which the statement was made, false or misleading with respect to a material fact.

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

(8) Is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing conduct or a practice that involves an aspect of the mortgage business.

(9) Is subject to an order of the director that denies, suspends, conditions or revokes a license.

(10) Is subject to a United States Postal Service fraud order that is currently effective and was issued within the last five years.

(11) Does not have the experience required by ORS 86A.106 (Procedures for licensing) (2) or (3).

(12) Failed to comply with the requirements of ORS 86A.112 (Licensees to keep records) to make and keep records prescribed by rule or order of the director, to produce such records required by the director or to file any financial reports or other information the director by rule or order may require.

(13) Is subject to an order of the director that denies, suspends, conditions or revokes a license under any other law the director administers.

(14) Is subject to a cease and desist order the director entered within the previous five years after the applicant or licensee had notice and an opportunity for a hearing.

(15) Demonstrated negligence or incompetence in performing any act for which the licensee is required to hold a license.

(16) Failed to supervise diligently and control the mortgage-related activities of a mortgage loan originator the licensee employs.

(17) Knowingly misrepresented to the director the training of, examination of or continuing education time earned by a mortgage loan originator the licensee employs.

(18) Willfully or repeatedly employed individuals as mortgage loan originators who do not meet the training, education or continuing education requirements for mortgage loan originators.

(19) Failed to notify the director of the termination of a mortgage loan originator for failure to comply with state or federal laws, regulations or rules. [Formerly 59.865]

Source: Section 86A.115 — Grounds for denying, suspending, conditioning or revoking license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.527 — OR Code / Title 9 / Chapter 87 / Section 87.527
87.527 Limitations on property subject to lien
Status: in_force

Notwithstanding ORS 87.503 (Lien for long term care) (1):

(1) A lien created by ORS 87.503 (Lien for long term care) on the home of a living individual who received care may not be foreclosed for as long as any of the following individuals reside in the home:

(a) The individual who received care.

(b) The spouse of the individual.

(c) A child of the individual, if the child is a minor or has a disability.

(d) A sibling of the individual who has an equity interest in the home, but only when the sibling continuously resided in the home during the calendar year immediately preceding the date on which the individual first received care.

(e) Any other child of the individual, but only when the child continuously resided in the home during the two-year period immediately preceding the date on which the individual first received care and provided assistance during that period that delayed the need for care.

(2) A lien created by ORS 87.503 (Lien for long term care) on the home of a deceased individual who received care may not be foreclosed for as long as any of the following individuals reside in the home:

(a) The surviving spouse of the individual.

(b) A child of the individual, if the child is a minor or has a disability.

(c) A sibling of the individual, but only when the sibling continuously resided in the home during the calendar year immediately preceding the date on which the individual first received care.

(d) Any other child of the individual, but only when the child continuously resided in the home during the two-year period immediately preceding the date on which the individual first received care and provided assistance during that period that delayed the need for care.

(3) A lien created by ORS 87.503 (Lien for long term care) on other real property of a deceased individual may not be foreclosed while there is:

(a) A surviving spouse; or

(b) A child of the individual, if the child is a minor or has a disability. [1995 c.749 §7; 1997 c.744 §8; 2007 c.70 §18]

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

Source: Section 87.527 — Limitations on property subject to lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.100 — OR Code / Title 9 / Chapter 86a / Section 86a.100
86A.100 Definitions
Status: in_force

As used in ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) :

(1) “Fraud,” “deceit” and “defraud” are not limited to common-law deceit.

(2) “License” means a license issued to a mortgage banker or mortgage broker under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) .

(3) Intentionally left blank —Ed.

(a) “Mortgage banker” means a person that for compensation or in the expectation of compensation:

(A) Either directly or indirectly makes, negotiates or offers to make or negotiate a mortgage banking loan or a mortgage loan; and

(B) Services or sells a mortgage banking loan.

(b) “Mortgage banker” does not include:

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

(B) A financial holding company or a bank holding company, as defined in ORS 706.008 (Additional definitions for Bank Act) , if the financial holding company or bank holding company does not do more than control a subsidiary or affiliate, as described in 12 U.S.C. 1841, and does not engage in the business of a mortgage banker or mortgage broker.

(C) A person that makes a loan secured by an interest in real estate with the person’s own moneys for the person’s own investment and that is not engaged in the business of making loans secured by an interest in real estate.

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

(i) Negotiates the terms of a residential mortgage loan as an ancillary matter in the attorney’s representation of a client; and

(ii) 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.

(E) A person that, as seller of real property, receives one or more mortgages or deeds of trust as security for a separate money obligation.

(F) An agency of a state or of the United States.

(G) A person that receives a mortgage or deed of trust on real property as security for an obligation payable on an installment or deferred payment basis and arising out of materials furnished or services rendered in improving the real property or a lien created without the consent of the owner of the real property.

(H) A person that funds a mortgage banking loan or mortgage loan that a licensee or exempt person originated and processed and that does not maintain a place of business in this state in connection with funding mortgage banking loans or mortgage loans, does not directly or indirectly solicit borrowers in this state for the purpose of making mortgage banking loans or mortgage loans and does not participate in negotiating mortgage banking loans or mortgage loans. For the purpose of this subparagraph, “negotiating mortgage banking loans or mortgage loans” does not include setting the terms under which a person may buy or fund a mortgage banking loan or a mortgage loan that a licensee or exempt person originated.

(I) A nonprofit federally tax exempt corporation certified by the United States Small Business Administration and organized to promote economic development within this state whose primary activity consists of providing financing for business expansion.

(J) A licensee licensed under ORS chapter 725 or a mortgage broker.

(K) A retirement or pension fund.

(L) An insurer as defined in ORS 731.106 (“Insurer.”) .

(M) A court appointed fiduciary.

(N) A person designated by rule or order of the Director of the Department of Consumer and Business Services.

(4) “Mortgage banking loan” means a loan, extension of credit or a retail sales contract that is funded exclusively from the mortgage banker’s own resources, that is directly or indirectly secured by a mortgage or deed of trust or any lien interest on real estate and that is created with the consent of the owner of the real property. For purposes of this subsection, “own resources” means any of the following:

(a) Cash, corporate capital, warehouse credit lines at financial institutions defined in ORS 706.008 (Additional definitions for Bank Act) or other sources that are liability items of the mortgage banker’s financial statements for which the mortgage banker’s assets are pledged;

(b) Correspondent contracts between the mortgage banker and a bank, savings bank, trust company, savings and loan association, credit union, profit sharing or pension trust, a licensee under ORS chapter 725 or an insurance company; or

(c) The mortgage banker’s affiliates’ cash, corporate capital, warehouse credit lines at financial institutions defined in ORS 706.008 (Additional definitions for Bank Act) or other sources that are liability items on the affiliates’ financial statements for which the affiliates’ assets are pledged. As used in this paragraph, “affiliates” means entities that, directly or indirectly, through one or more intermediaries control, are controlled by or are under common control with the entity specified.

(5) Intentionally left blank —Ed.

(a) “Mortgage broker” means a person that:

(A) Engages all or part of the time, for the account of others or for the person’s own account, in the business of selling real estate paper whether as issuer, agent or principal to persons other than persons enumerated in ORS 59.035 (Transactions exempt from registration) (4);

(B) Engages all or part of the time, for the account of others or for the person’s own account, in the business of accepting funds from one or more persons other than persons enumerated in ORS 59.035 (Transactions exempt from registration) (4) for investment in real estate paper; or

(C) For compensation, or in the expectation of compensation, either directly or indirectly makes, negotiates or offers to make or negotiate a mortgage loan.

(b) “Mortgage broker” does not include:

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

(B) A financial holding company or a bank holding company, as defined in ORS 706.008 (Additional definitions for Bank Act) , if the financial holding company or bank holding company does not do more than control a subsidiary or affiliate, as described in 12 U.S.C. 1841, and does not engage in the business of a mortgage banker or mortgage broker.

(C) A person that purchases real property and issues an obligation to finance the transaction to the seller incidentally to the sale.

(D) A real estate licensee as defined in ORS 696.010 (Definitions) who performs services solely incidental to the practice of professional real estate activity as defined in ORS 696.010 (Definitions) , unless the real estate licensee performs the functions of a mortgage banker or a mortgage broker as defined in this section.

(E) A person licensed under the provisions of ORS chapter 725 or a mortgage banker.

(F) A person that makes a loan secured by an interest in real estate with the person’s own moneys, for the person’s own investment and that is not engaged in the business of making loans secured by an interest in real estate.

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

(i) Negotiates the terms of a residential mortgage loan as an ancillary matter in the attorney’s representation of a client; and

(ii) 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.

(H) A person that, as a seller of real property, receives one or more mortgages or deeds of trust as security for a separate money obligation.

(I) An agency of a state or of the United States.

(J) A person that receives a mortgage or deed of trust on real property as security for an obligation payable on an installment or deferred payment basis and arising out of materials furnished or services rendered in improving the real property or a lien created without the consent of the owner of the real property.

(K) A person that funds a mortgage loan that a licensee or exempt person originated and processed and that does not maintain a place of business in this state in connection with funding mortgage loans, does not directly or indirectly solicit borrowers in this state for the purpose of making mortgage loans and does not participate in negotiating mortgage loans. For the purpose of this subparagraph, “negotiating mortgage loans” does not include setting the terms under which a person may buy or fund a mortgage loan that a licensee or exempt person originated.

(L) A nonprofit federally tax exempt corporation certified by the United States Small Business Administration and organized to promote economic development within this state whose primary activity consists of providing financing for business expansion.

(M) A person licensed under ORS 446.691 (Issuance of dealer license) or 446.696 (Renewal of dealer license) or a temporary manufactured structure dealer licensee under ORS 446.701 (Issuance of temporary manufactured structure dealer license) that provides services customarily associated with the retail sales of manufactured dwellings, including communication of generally available information regarding mortgage loans, unless:

(i) The person receives from a purchaser a fee or commission as a mortgage broker or mortgage banker that is disclosed in the sales contract, purchase agreement or applicable federal documents;

(ii) For the benefit of a potential purchaser, the person completes a loan application form or other document that is part of a mortgage banking loan and completes a good faith estimate under the federal Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq. and Regulation H, 12 C.F.R. part 1008, as in effect on January 1, 2014;

(iii) The person solicits or receives credit information from a prospective purchaser for the purpose of making credit decisions; or

(iv) The person negotiates with a potential purchaser the terms of a mortgage loan including but not limited to points, interest rates, length of loan or other loan conditions.

(N) A person designated by rule or order of the director.

(6) “Mortgage loan” means a loan, extension of credit or retail sales contract, other than a mortgage banking loan, secured by a mortgage or deed of trust or a lien interest on real estate that is created with the consent of the owner of the real estate.

(7) “Mortgage loan originator” has the meaning given that term in ORS 86A.200 (Definitions) .

(8) “Residential mortgage transaction” means a transaction in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract, or equivalent consensual security interest is created or retained in property upon which four or fewer residential dwelling units are planned or situated, including but not limited to individual units or condominiums and cooperatives. As used in this subsection, “residential dwelling unit” means an improvement designed for residential occupancy. [Formerly 59.840; 2013 c.268 §1]

Source: Section 86A.100 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 87.086 — OR Code / Title 9 / Chapter 87 / Section 87.086
87.086 Determination of adequacy of bond
Status: in_force

If a lien claimant considers the bond filed with a recording officer of a county inadequate to protect the claim of the lien claimant for some reason other than the amount of the bond, the lien claimant 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. The lien claimant shall state in detail the reasons for the inadequacy. Not later than two days after the filing of the petition with the court, the lien claimant shall send a notice of the filing and a copy of the petition by registered or certified mail to the person who filed the bond. After a hearing, if the court determines that the bond is inadequate for one or more of the reasons stated by the lien claimant, the court shall order such action as shall make the bond adequate to protect the claim of lien. [1975 c.466 §21; 1987 c.662 §17]

Source: Section 87.086 — Determination of adequacy of bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86.060 — OR Code / Title 9 / Chapter 86 / Section 86.060
86.060 Assignment of mortgage
Status: in_force

Mortgages may be assigned by an instrument in writing, executed and acknowledged with the same formality as required in deeds and mortgages of real property, and recorded in the records of mortgages of the county where the land is situated.

Source: Section 86.060 — Assignment of mortgage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.607 — OR Code / Title 9 / Chapter 87 / Section 87.607
87.607 Ambulance services lien
Status: in_force

When an individual receives ambulance services provided by any person or governmental unit, if the individual has a contract providing for indemnity or compensation for the sum incurred for those services, the person or governmental unit providing the ambulance services has a lien upon the amount payable under the contract. The party obligated to make reimbursement under the contract may pay the sum due thereunder directly to the person or governmental unit, and that payment shall constitute a full release of the party to the amount of the payment. [1983 c.821 §3]

Source: Section 87.607 — Ambulance services lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.218 — OR Code / Title 9 / Chapter 86a / Section 86a.218
86A.218 License renewal
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall renew a mortgage loan originator’s license if the director finds that:

(a) The licensed mortgage loan originator continues to meet the requirements set forth under ORS 86A.212 (Findings required for issuing license) ;

(b) The licensed mortgage loan originator paid the fee required to renew the mortgage loan originator’s license; and

(c) The licensed mortgage loan originator satisfied the continuing education requirements set forth in ORS 86A.221 (Continuing education requirements for mortgage loan originator) . If the licensed mortgage loan originator did not satisfy the requirements under ORS 86A.221 (Continuing education requirements for mortgage loan originator) , instead of declining to renew the mortgage loan originator’s license, the director by rule or order may permit or require the licensed mortgage loan originator to make up the deficiency in continuing education.

(2) Intentionally left blank —Ed.

(a) A mortgage loan originator’s license expires if:

(A) The licensed mortgage loan originator does not apply to renew the mortgage loan originator’s license;

(B) The director declines to renew the mortgage loan originator’s license; or

(C) The licensed mortgage loan originator does not otherwise maintain eligibility under the requirements set forth in ORS 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) .

(b) The director by rule may establish a procedure and requirements for reinstating a license that has expired. The procedure and requirements the director establishes must be consistent with standards established by the Nationwide Mortgage Licensing System and Registry and must at a minimum provide that an applicant for reinstatement who has allowed the applicant’s mortgage loan originator’s license to lapse for a period of five or more years, whether or not the applicant was employed or continued to engage in business as a mortgage loan originator during the period of the lapse, shall:

(A) Demonstrate to the director that the applicant completed the continuing education requirements set forth in ORS 86A.221 (Continuing education requirements for mortgage loan originator) that were required in the year in which the applicant last held a mortgage loan originator’s license; and

(B) Pass the qualified written test as provided in ORS 86A.215 (Education and testing requirements for license) . [2009 c.863 §6]

Source: Section 86A.218 — License renewal; expiration; reinstatement; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 86.771 — OR Code / Title 9 / Chapter 86 / Section 86.771
86.771 Contents of notice of sale
Status: in_force

The notice of sale must:

(1) List the names of the grantor, trustee and beneficiary in the trust deed, and the mailing address of the trustee.

(2) Describe the property the trust deed covers.

(3) Identify the book and page of the mortgage records that record the trust deed.

(4) State the default for which the foreclosure is made.

(5) State the sum owing on the obligation that the trust deed secures.

(6) State that the property will be sold to satisfy the obligation.

(7) Set forth the date, time and place of the sale.

(8) State that the right exists under ORS 86.778 (Discontinuance of foreclosure proceedings after cure of default) to have the proceeding dismissed and the trust deed reinstated by paying the entire amount then due, together with costs, trustee’s fees and attorney fees, and by curing any other default complained of in the notice of default, at any time that is not later than five days before the date last set for the sale.

(9) Include language that reads substantially as follows:

Without limiting the trustee’s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale.

(10) If the property includes one or more dwelling units that are subject to ORS chapter 90, include a notice addressed clearly to any individual who occupies the property and who is or might be a residential tenant. The notice required under this subsection must:

(a) Include contact information for the Oregon State Bar and a person or organization that provides legal help to individuals at no charge to the individual;

(b) Include information concerning the right the individual has to notice under ORS 86.782 (Sale of property) (6)(c);

(c) Be set apart from other text in the notice of sale; and

(d) Be in substantially the following form:

The property in which you are living is in foreclosure. A foreclosure sale is scheduled for ________ (date). The date of this sale may be postponed. Unless the lender that is foreclosing on this property is paid before the sale date, the foreclosure will go through and someone new will own this property. After the sale, the new owner is required to provide you with contact information and notice that the sale took place.

The following information applies to you only if you are a bona fide tenant occupying and renting this property as a residential dwelling under a legitimate rental agreement. The information does not apply to you if you own this property or if you are not a bona fide residential tenant.

If the foreclosure sale goes through, the new owner will have the right to require you to move out. Before the new owner can require you to move, the new owner must provide you with written notice that specifies the date by which you must move out. If you do not leave before the move-out date, the new owner can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing.

IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLOSURE SALE FOR:

• 60 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF YOU HAVE A FIXED TERM LEASE; OR

• AT LEAST 30 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF YOU HAVE A MONTH-TO-MONTH OR WEEK-TO-WEEK RENTAL AGREEMENT.

If the new owner wants to move in and use this property as a primary residence, the new owner can give you written notice and require you to move out after 30 days, even though you have a fixed term lease with more than 30 days left.

You must be provided with at least 30 days’ written notice after the foreclosure sale before you can be required to move.

A bona fide tenant is a residential tenant who is not the borrower (property owner) or a child, spouse or parent of the borrower, and whose rental agreement:

• Is the result of an arm’s-length transaction;

• Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent is reduced or subsidized due to a federal, state or local subsidy; and

• Was entered into prior to the date of the foreclosure sale.

FORECLOSURE SALE: RENT

YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD OR UNTIL A COURT TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE.

You may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord as provided in ORS 90.367 (Application of security deposit or prepaid rent after notice of foreclosure) . To do this, you must notify your landlord in writing that you want to subtract the amount of your security deposit or prepaid rent from your rent payment. You may do this only for the rent you owe your current landlord. If you do this, you must do so before the foreclosure sale. The business or individual who buys this property at the foreclosure sale is not responsible to you for any deposit or prepaid rent you paid to your landlord.

The new owner that buys this property at the foreclosure sale may be willing to allow you to stay as a tenant instead of requiring you to move out after 30 or 60 days. After the sale, you should receive a written notice informing you that the sale took place and giving you the new owner’s name and contact information. You should contact the new owner if you would like to stay. If the new owner accepts rent from you, signs a new residential rental agreement with you or does not notify you in writing within 30 days after the date of the foreclosure sale that you must move out, the new owner becomes your new landlord and must maintain the property. Otherwise:

• You do not owe rent;

• The new owner is not your landlord and is not responsible for maintaining the property on your behalf; and

• You must move out by the date the new owner specifies in a notice to you.

The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner agree on in exchange for your agreement to leave the premises in less than 30 or 60 days. You should speak with a lawyer to fully understand your rights before making any decisions regarding your tenancy.

IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UNIT WITHOUT FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal assistance, contact the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free legal assistance is included with this notice.

[Formerly 86.745; 2014 c.36 §§1,2]

Source: Section 86.771 — Contents of notice of sale; additional notices; contents and requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 86.157 — OR Code / Title 9 / Chapter 86 / Section 86.157
86.157 Action for residual debt after short sale of residential property
Status: in_force

(1) As used in this section:

(a) “Borrower” means an individual who, directly or indirectly and individually or together with another person, is obligated on a real estate loan agreement, including but not limited to a mortgagor or a grantor, as defined in ORS 86.705 (Definitions for ORS 86.705 to 86.815) , or an assignee or successor in interest.

(b) “Lender” means a person that makes, extends or holds a real estate loan agreement, including but not limited to a mortgagee or a beneficiary, as defined in ORS 86.705 (Definitions for ORS 86.705 to 86.815) , or an assignee or successor in interest.

(c) “Payoff statement” means a written statement that sets forth, as of the date the lender prepares the statement, amounts a borrower must pay in order to fully satisfy the borrower’s obligation under a real estate loan agreement.

(d) “Real estate loan agreement” means an arrangement between a lender and a borrower, including but not limited to a mortgage or a trust deed, by means of which the lender agrees to extend a loan and the borrower agrees to secure the loan in whole or in part with residential property, or an interest in residential property, that is located in this state.

(e) “Residential property” means real property upon which is situated four or fewer improvements designed for residential use, one of which a borrower occupies as the borrower’s residence.

(f) “Residual debt” means an amount due on a loan, evidence of which exists in a real estate loan agreement, note, bond, contract or similar written agreement, that a borrower is unable to pay out of the proceeds from a sale of the residential property that secures the loan.

(g) “Short sale” means a sale of residential property that is subject to foreclosure under ORS 86.705 (Definitions for ORS 86.705 to 86.815) to 86.815 (Time within which foreclosure must be commenced) or ORS chapter 88 for an amount that is less than the remaining amount due on the loan that the residential property secures.

(2) If a lender reports to the Internal Revenue Service that as a consequence of or in conjunction with a short sale of residential property the lender has canceled all or a portion of a borrower’s obligation under a real estate loan agreement and the lender provides to the borrower written evidence of the lender’s report to the Internal Revenue Service, the lender or an assignee of the lender may not bring an action or otherwise seek payment for the residual debt following the short sale.

(3) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a borrower or an agent of the borrower may rely on a payoff statement for the purpose of establishing the amount the borrower must pay to satisfy the borrower’s obligation under a real estate loan agreement other than a real estate loan agreement for a construction loan.

(b) A borrower or an agent of the borrower may not rely on a payoff statement after a lender prepares and delivers an amended payoff statement to the borrower or borrower’s agent. For purposes of this paragraph, a lender delivers an amended payoff statement to the borrower or borrower’s agent if the lender provides the amended payoff statement by electronic means in accordance with ORS chapter 84, sends the amended payoff statement by United States mail postage prepaid and correctly addressed to the borrower or borrower’s agent at all addresses on file with the lender for the borrower or borrower’s agent, including post office boxes, or sends the amended payoff statement by facsimile, provided that the borrower or borrower’s agent receives the amended payoff statement before the borrower disburses funds for the purpose of satisfying the obligation in accordance with subsection (5) of this section.

(4) If an amount that a borrower owes under a real estate loan agreement, other than a real estate loan agreement for a construction loan, does not appear on a payoff statement or amended payoff statement and the borrower or an agent of the borrower satisfies the obligation set forth in the payoff statement in accordance with subsection (5) of this section, the lender may recover the amount only as an unsecured obligation or only by foreclosing a mortgage, trust deed or security agreement for any other property that secures the obligation.

(5) To satisfy an obligation set forth in a payoff statement or an amended payoff statement, a borrower must submit the amount shown in the payoff statement or amended payoff statement, instruct the lender to close any line of credit that is related to the obligation and request a certificate described in ORS 86.100 (Discharge of mortgage) or a reconveyance under ORS 86.720 (Reconveyance upon performance) before any deadline, expiration date or maturity date specified in the payoff statement or amended payoff statement. A borrower that disburses funds to a lender in the amount shown in the payoff statement or an amended payoff statement has discharged a mortgage for the purpose of requesting a certificate under ORS 86.100 (Discharge of mortgage) or performed the borrower’s obligation for the purpose of requesting a reconveyance under ORS 86.720 (Reconveyance upon performance) . [2011 c.480 §1; 2015 c.431 §1; 2017 c.251 §1]

Note: 86.157 (Action for residual debt after short sale of residential property) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 86 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 86.157 — Action for residual debt after short sale of residential property; payoff statements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors086.­html (accessed May 26, 2025).
ORS § 87.089 — OR Code / Title 9 / Chapter 87 / Section 87.089
87.089 Limitations on actions
Status: in_force

The provisions of ORS 87.076 (Bond or deposit of money) , 87.083 (Foreclosure after filing of bond or deposit of money) and 87.088 (Release of lien or return of money) do not create a cause of action and may not be asserted as a basis for a per se negligence action. [2009 c.513 §5]

Source: Section 87.089 — Limitations on actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 86a.178 — OR Code / Title 9 / Chapter 86a / Section 86a.178
86A.178 Legislative findings regarding mortgage loan originators
Status: in_force

(1) The Legislative Assembly finds and declares that:

(a) The public interest is served by identifying a mortgage loan originator with a specific mortgage banker or mortgage broker; and

(b) The public must be protected from the conflicts of interest created when a mortgage loan originator is employed by more than one mortgage lender.

(2) A mortgage loan originator may not originate loans for more than one mortgage banker, mortgage broker or other mortgage lender or independent mortgage agency at the same time. [Formerly 59.967]

Source: Section 86A.178 — Legislative findings regarding mortgage loan originators; prohibited practice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors86A.­html (accessed May 26, 2025).
ORS § 88.060 — OR Code / Title 9 / Chapter 88 / Section 88.060
88.060 Enforcement of judgment
Status: in_force

(1) A judgment of foreclosure and sale may be enforced by execution as provided in this section.

(2) If a judgment of foreclosure and sale is given, an execution may issue against the property adjudged to be sold. If the judgment is in favor of the plaintiff only, the execution may issue as in ordinary cases, but if the judgment is in favor of different persons not united in interest, the execution shall issue upon the joint request of the persons or upon the order of the court or judge on the motion of the persons.

(3) If the judgment includes a money award against the defendants or any one of the defendants in person, and the net sale proceeds of the property upon which the lien is foreclosed are insufficient to satisfy the money award as to the sum remaining unsatisfied, the judgment may be enforced by execution as in ordinary cases. If the judgment is in favor of different persons not united in interest, the judgment is a separate judgment as to the persons and may be enforced accordingly. [Amended by 2003 c.576 §348; 2015 c.291 §5]

Source: Section 88.060 — Enforcement of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors088.­html (accessed May 26, 2025).
ORS § 87.070 — OR Code / Title 9 / Chapter 87 / Section 87.070
87.070 Amount of recovery by contractor
Status: in_force

Any contractor may recover, upon a lien perfected by the contractor, only the amount due to the contractor according to the terms of the contract, after deducting all claims of other parties for work done and materials furnished for which a lien is perfected under ORS 87.035 (Perfecting lien) . Where a claim of lien is filed pursuant to ORS 87.035 (Perfecting lien) for work done or material or equipment furnished to any contractor, the contractor shall defend any action brought thereupon at the expense of the contractor, and during the pendency of such action the owner may withhold from the contractor the amount of money for which such claim of lien is filed. In case of judgment against the owner or the property of the owner upon the lien, the owner may deduct from any amount due or to become due by the owner to the contractor the amount of such judgment and costs; and if the amount of the judgment and costs exceeds the amount due by the owner to the contractor, or if the owner has settled with the contractors in full, the owner may recover back from the contractor any amount so paid in excess of the contract price, and for which the contractor was originally the party liable. [Amended by 1987 c.662 §14]

Source: Section 87.070 — Amount of recovery by contractor; respective rights of contractor and owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.435 — OR Code / Title 9 / Chapter 87 / Section 87.435
87.435 Bond, letter of credit or deposit of money to discharge possessory lien
Status: in_force

(1) The owner of papers or personal property subject to a lien created by ORS 87.430 (Possessory lien of attorney or other member of bar) , or any other interested person, may file with the recording officer of the county in which the attorney or other member of the Oregon State Bar licensed to practice law has the attorney’s or member’s principal office a bond executed by a corporation authorized to issue surety bonds in the State of Oregon to the effect that the owner of the papers and personal property against which the lien is claimed shall pay the amount of the claim and all costs which are awarded against the papers and personal property on account of the lien. The bond shall be in an amount not less than 150 percent of the amount claimed under the lien, and must be filed prior to the commencement of a foreclosure proceeding by the attorney or member.

(2) Intentionally left blank —Ed.

(a) In lieu of the surety bond provided for in subsection (1) of this section, a person may deposit with the treasurer of the county in which the attorney or member has the attorney’s or member’s principal office an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , or a sum of money or its equivalent equal in value to 150 percent of the amount claimed under the lien.

(b) When a person deposits money or an irrevocable letter of credit with the treasurer of a county under this subsection, the person shall file with the recording officer of the same county an affidavit stating that the deposit was made.

(3) When a bond is filed under subsection (1) of this section or money or an irrevocable letter of credit deposited and an affidavit filed under subsection (2) of this section, the recording officer shall issue to the owner or other person a certificate stating that the bond, irrevocable letter of credit or money is substituted for the chattel and that the lien on the chattel is discharged.

(4) When a bond is filed under subsection (1) of this section, or money or an irrevocable letter of credit is deposited under subsection (2) of this section, the owner or other person filing the bond or depositing the money shall promptly send a copy of the certificate received from the recording officer under subsection (3) of this section to the attorney or member by registered or certified mail.

(5) If the attorney or member establishes the validity of the lien claim by a suit to enforce it under ORS chapter 88, the attorney or member is entitled to judgment against the sureties upon the bond, against the irrevocable letter of credit issuer or against the deposited money. [1975 c.648 §57 (enacted in lieu of 87.495); 1991 c.331 §18; 1997 c.631 §390; 2003 c.576 §337; 2023 c.72 §38]

Source: Section 87.435 — Bond, letter of credit or deposit of money to discharge possessory lien; recording; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.037 — OR Code / Title 9 / Chapter 87 / Section 87.037
87.037 Prohibition against claim of lien
Status: in_force

An original contractor may not claim a lien arising from the improvement of real property if a written contract for the work is required by ORS 701.305 (Requirement for written contract with residential property owner) and the contractor does not have a written contract. [2007 c.648 §5]

Note: 87.037 (Prohibition against claim of lien) was added to and made a part of 87.001 (Short title) to 87.060 (Foreclosure) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 87.037 — Prohibition against claim of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).
ORS § 87.633 — OR Code / Title 9 / Chapter 87 / Section 87.633
87.633 Foreclosure
Status: in_force

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

SELF-SERVICE STORAGE FACILITY LIEN

Source: Section 87.633 — Foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html (accessed May 26, 2025).