reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.503 - Lien for long term care; statement concerning lien to be given to care recipient.

(1) When an individual receives care at a long term care facility under a written contract that does not violate state or federal law, the individual receiving the care, and upon the death of such individual, the decedent’s estate of that individual, is liable for the contracted costs of care. The individual receiving care and any authorized representative shall be given an itemized statement of goods and services provided as each payment becomes due. If the individual or an authorized representative of that individual refuses to pay the long term care facility for the costs of care within 30 days after the services are rendered and any portion thereof are billed to the individual or the authorized representative of the individual, the unpaid amount plus interest thereon at the legal rate of interest provided for in ORS 82.010 shall be a lien in favor of the long term care facility against the real property of the individual receiving care. The lien shall attach to the real property on the day, whichever is later, that is:
(a) The 30th day after the first services for which the lien is claimed are performed; or
(b) The 30th day after the first unpaid payment for care becomes due.
(2) At the time of signing a written contract for care at the facility, a long term care facility shall provide to the individual who will receive care under the contract or to the authorized representative of the individual a written statement describing the provisions of ORS 87.501 to 87.542. The written statement shall describe the procedures, process and rights and responsibilities of the individual receiving care and the long term care facility under ORS 87.501 to 87.542. Notwithstanding ORS 87.507 and 87.522, if a long term care facility does not provide such written statement as required by this subsection to an individual or an authorized representative, the lien created by this section for the contracted costs of care provided to the individual may not be perfected and may not be foreclosed.
(3) Notwithstanding subsection (1) of this section, real and personal property held in trust by a trustee for an individual receiving care are subject to the laws of this state applicable to trusts. [1995 c.749 §2; 1997 c.744 §2]
Note:
See note under 87.501.
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.507 - Perfecting lien; notice of lien; serving notice of lien; time to perfect lien.

(1) In order to perfect a lien created by ORS 87.503, a long term care facility shall:
(a) File a notice of lien with the recording officer of the county or counties in which the real property is located; and
(b) Serve a certified copy of the notice of lien by registered or certified mail upon the individual or the authorized representative of the individual.
(2) A person claiming a lien under ORS 87.501 to 87.542 shall file the notice of lien no sooner than 60 days and no later than 120 days after the date on which the lien attached to the real property of the individual under ORS 87.503. [1995 c.749 §3; 1997 c.744 §3]
Note:
See note under 87.501.
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.512 - Contents of notice of lien.

The notice of lien required under ORS 87.507 shall be a written statement verified by the oath of an officer of the long term care facility that asserts a claim for the lien and that contains:
(1) A true statement of demand, including an itemized statement of services provided and setting forth the amount due and owing to the long term care facility as of the date of the notice, after deducting all credits and offsets;
(2) The name of the individual who received care;
(3) The name, address and telephone number of the long term care facility;
(4) A statement that the amount claimed is a true and bona fide existing debt as of the date of filing the notice of lien;
(5) A statement that the lien may cover contracted services provided by the long term care facility subsequent to the services itemized under subsection (1) of this section and that interested persons may obtain information on the current amount due under the lien by contacting the long term care facility;
(6) A statement that the long term care facility has given the individual or an authorized representative a written summary of the requirements and procedures for establishing eligibility for Medicaid, including the right to an assessment that determines the extent of spouses’ nonexempt resources at the time of institutionalization and attributes to the community spouse an equitable share of the resources that can not be considered available for payment of costs for the medical care of the institutionalized spouse in the process of spending down to Medicaid eligibility levels. The written statement shall be given no fewer than 30 days and no more than 60 days before the notice of lien is filed. The long term care facility may meet the requirement of this subsection by providing written materials relating to Medicaid eligibility for long term care services for persons with disabilities and elderly persons used by the Department of Human Services; and
(7) A description of the real property to be charged with the lien that complies with ORS 93.600. [1995 c.749 §4; 1997 c.744 §6; 2001 c.900 §12; 2007 c.70 §17]
Note:
See note under 87.501.
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.517 - Recording notice of lien.

The recording officer of the county shall record the notices filed under ORS 87.507 in the statutory lien record. [1995 c.749 §5; 1997 c.744 §7; 2009 c.628 §4]
Note:
See note under 87.501.
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.522 - Foreclosure of lien; attorney fees.

A lien created by ORS 87.503 may be foreclosed by an action in the circuit court in accordance with ORS chapter 88. In a suit to foreclose a lien created by ORS 87.503, the court, upon entering judgment for the lien claimant, shall allow as part of the lien the moneys paid for the recording of the notice of lien under ORS 87.517. The court shall also allow reasonable attorney fees at trial and on appeal to the prevailing party. [1995 c.749 §6]
Note:
See note under 87.501.
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.527 - Limitations on property subject to lien.

Notwithstanding ORS 87.503 (1):
(1) A lien created by ORS 87.503 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 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 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.
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.533 - Assets and income that are exempt from lien.

A lien created by ORS 87.503 shall not be enforced so as to interfere with:
(1) Any assets or income allowed to the community spouse or dependent family member under 42 U.S.C. 1396r-5(d) or any rule of the Department of Human Services or the Oregon Health Authority.
(2) The priority given to the recovery of medical assistance payments under ORS 115.125 (1)(j) or (k) or other medical assistance claims under ORS 411.708, 411.795 and 416.350.
(3) The eligibility of a person for medical assistance or entitlement to Medicaid assistance payments.
(4) The priority given to the recovery of cost of care payments under ORS 115.125 (1)(L), 179.620 or 179.740. [1995 c.749 §8; 2001 c.316 §3; 2009 c.595 §57; 2011 c.720 §53; 2013 c.190 §3]
Note:
See note under 87.501.
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.537 - Duration of lien.

(1) Except as provided in subsection (2) of this section, if a suit to foreclose a lien created by ORS 87.503 is not commenced in an appropriate court within the 180-day period immediately following the date on which the lien is perfected under ORS 87.507, the lien shall cease to exist.
(2) Any period of time during which a lien created by ORS 87.503 may not be foreclosed under ORS 87.527 shall not be part of the period of time during which the lien exists under subsection (1) of this section. The existence of a lien created by ORS 87.503 shall not be extended in any case for longer than 180 days after a circumstance preventing foreclosure under ORS 87.527 ceases. A lien created by ORS 87.503 shall not continue in existence for a period of more than 10 years after the date on which the lien was perfected under ORS 87.507. [1995 c.749 §9; 1997 c.744 §9]
Note:
See note under 87.501.
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.539 - Discharge or release of lien claim; recordation; penalty for failure to discharge or release lien claim.

(1) When a long term care facility receives payment from an individual, an individual’s estate, the State of Oregon or any other source for the care claimed in a notice of lien filed under ORS 87.507, the long term care facility shall file with the recording officer of the county in which the notice of lien was filed a certificate declaring that payment has been received and that the lien is discharged.
(2) Within 20 days after being notified that the individual is eligible for Medicaid, the long term care facility shall file with the recording officer of the county in which the notice of lien was filed a certificate releasing the claim of lien upon any property protected under ORS 87.533.
(3) The recording officer of the county shall record the certificate of discharge or release in the statutory lien record.
(4) If, after receiving payment for the care claimed in a notice of lien filed under ORS 87.507, a long term care facility fails to discharge the lien or release the claim of lien within 10 days, the long term care facility is liable to the individual or to the spouse or the estate of the individual for $100 or the amount of actual damages, whichever amount is greater.
(5) In all actions brought under this section, the court may allow reasonable attorney fees at trial and on appeal to the prevailing party. [1995 c.749 §10; 1997 c.744 §10; 2009 c.628 §5]
Note:
See note under 87.501.
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.542 - Priority of lien.

(1) A lien created under ORS 87.503 shall have priority from the date of its perfection and shall be subordinate and inferior to any other lien, mortgage, trust deed or other encumbrance that attached to the real property or was recorded prior to the recording of the notice of lien under ORS 87.507. Except for property tax liens, the lien created by ORS 87.503 shall have priority over any other lien, mortgage, trust deed or other encumbrance that attached to the real property or was recorded subsequent to the recording of the notice of lien under ORS 87.507.
(2) A lien created under ORS 87.503 is void as against any purchaser in good faith and for a valuable consideration of the same real property whose interest is recorded prior to the recording of the notice of lien under ORS 87.507.
(3) ORS 93.645 shall apply to a lien created under ORS 87.503 as if the lien were a judgment lien. [1997 c.744 §5]
Note:
See note under 87.501.
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.555 - Hospitals, physicians, physician assistants and nurse practitioners as lien claimants.

(1) Except as otherwise provided by law, whenever any person receives hospitalization or medical treatment on account of any injury, and the person, or the personal representative of the person after the death of the person, claims damages from the person causing the injury, then the hospital or any physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390 who treats the injured person in the hospital or who provides medical services shall have a lien upon any sum awarded the injured person or the personal representative of the person by judgment or award or obtained by a settlement or compromise to the extent of the amount due the hospital and the physician, physician assistant or nurse practitioner for the reasonable value of such medical treatment rendered prior to the date of judgment, award, settlement or compromise. However, no such lien shall be valid against anyone coming under the Workers’ Compensation Act.
(2) When the injured person receiving hospitalization or medical care from a physician, physician assistant or nurse practitioner is the beneficiary of an insurance policy, including a policy that provides personal injury protection coverage or similar no-fault medical insurance but excluding a health insurance policy, that provides for payment of such hospitalization and medical care, both the hospital and physician, physician assistant or nurse practitioner shall have liens upon the amount payable under the insurance policy. If a hospital or physician, physician assistant or nurse practitioner has properly perfected a lien pursuant to ORS 87.565 (2), the insurer obligated to make payment shall pay the sum due under the insurance policy directly to the hospital and physician, physician assistant or nurse practitioner in the amount due each for services rendered, and such payment shall constitute a release of the insurer making the payment to the extent of the payment.
(3) When there are insufficient funds to satisfy in full the liens of all hospitals, physicians, physician assistants and nurse practitioners claiming a lien created by this section, the insurer making the payment shall prorate the available funds without regard to the sequence of the filing of the notice of lien by the hospitals, physicians, physician assistants or nurse practitioners and pay the hospitals, physicians, physician assistants or nurse practitioners in proportion to the amount due each for services rendered. [Amended by 1989 c.727 §1; 1999 c.146 §1; 2014 c.45 §5]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.560 - Limitations on extent of lien.

(1) No lien under ORS 87.555 (1) shall be allowed:
(a) For hospitalization and treatment from a physician, physician assistant or nurse practitioner rendered after a settlement has been effected by or on behalf of the party causing the injury;
(b) Against any sum for necessary attorney fees, costs and expenses incurred by the injured party in securing a settlement, compromise, award or judgment; or
(c) For an amount payable for medical services under a policy that provides personal injury protection coverage provided to an injured person prior to a hospital, physician, physician assistant or nurse practitioner perfecting a lien under ORS 87.565 (2).
(2) This section does not preclude a hospital, a physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390 from perfecting a lien under ORS 87.555. [Amended by 1989 c.727 §2; 1999 c.146 §2; 2005 c.465 §5; 2014 c.45 §6]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.565 - Notice of lien required.

(1) In order to perfect a lien under ORS 87.555 (1), a hospital, an owner or operator of a hospital, a physician, a physician assistant or a nurse practitioner shall:
(a) Not later than 30 days after the discharge of the patient from the hospital, file a notice of lien substantially in the form prescribed in ORS 87.570, containing a statement of the amount claimed, with the recording officer of the county wherein such hospital is located; and
(b) Prior to the date of judgment, award, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon:
(A) The person alleged to be responsible for causing the injury and from whom damages are or may be claimed or to the last-known address of the person; or
(B) The insurance carrier that has insured the person alleged to be responsible, if such insurance carrier is known.
(2) In order to perfect a lien under ORS 87.555 (2), a hospital, an owner or operator of a hospital, a physician, a physician assistant or a nurse practitioner shall:
(a) Not later than 30 days after the discharge of the patient from the hospital, file a notice of lien substantially in the form prescribed in ORS 87.570, containing a statement of the amount claimed, with the recording officer of the county wherein such hospital is located; and
(b) Serve a certified copy of the notice of lien by certified mail upon the insurance company that is obligated to make payment for hospitalization and medical services. [Amended by 1979 c.123 §1; 1989 c.727 §3; 1991 c.249 §7; 1995 c.100 §1; 1999 c.146 §3; 2014 c.45 §7]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.570 - Form of notice.

The form of the notice required by ORS 87.565 shall be substantially as follows:
______________________________________________________________________________
Notice is hereby given that ______ has rendered hospitalization services or medical treatment for ______, a person who was injured on the ___ day of ______ in the city of ______, county of ______, State of ______, on or about the ___ day of ______, and the ______ (name of claimant) hereby claims a lien upon any money due or owing or any claim for compensation, damages, contribution, settlement, award or judgment from any person alleged to have caused the injuries and any other person liable for the injury or obligated to compensate the injured person on account of the injuries. The lien applies to any person or insurer that provides for payment for hospitalization services or medical treatment rendered to the injured person, including an insurer that provides personal injury protection coverage or similar no-fault medical insurance. The hospitalization services or medical treatment was rendered to the injured person between the ______ day of ______ and the ___ day of ______.
STATEMENT OF AMOUNT DUE
______________________________________________________________________________
Thirty days have not elapsed since that time. The claimant’s demand for hospitalization services or medical treatment is in the sum of $_____ and no part thereof has been paid, except $_____, and there is now due and owing and remaining unpaid thereof, after deducting all credits and offsets the sum of $_____, in which amount lien is hereby claimed.
____________, Claimant.
State of Oregon, )
) ss.
County of ___ )
I, ______, being first duly sworn on oath say: That I am ______ named in the foregoing claim of lien; that I have read the same and know the contents thereof and believe the same to be true.
Subscribed and sworn to before me this ___ day of ______, 2___.
_______________, Notary Public.
______________________________________________________________________________ [Amended by 1989 c.727 §4; 1995 c.100 §2; 1999 c.146 §4; 2001 c.104 §27; 2007 c.71 §20]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.575 - Lien docket.

Each recording officer shall maintain a lien docket in which, upon the filing of a notice of lien, the recording officer shall enter the name of the injured person, the approximate date of the hospitalization services or medical treatment, the name and address of the hospital filing the notice and the amount claimed and the name and address of the physician, physician assistant or nurse practitioner filing the notice and the amount claimed. The recording officer shall make an index thereto in the names of the injured persons. [Amended by 1989 c.727 §5; 1999 c.146 §5; 2014 c.45 §8]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.581 - Liability of person or insurer to hospital, physician, physician assistant or nurse practitioner; conditions; deadline for filing claim.

(1) A person or insurer shall be liable to a hospital and physician, physician assistant or nurse practitioner for the reasonable value of hospitalization services and medical treatment rendered out of the moneys due under any payment, award, judgment, settlement or compromise, after paying the attorney fees, costs and expenses incurred in connection therewith, or the proportion of that amount as determined under ORS 87.555 (3), if the person or insurer:
(a) Has received a notice of lien that complies with ORS 87.565;
(b) Has not paid the hospital and physician, physician assistant or nurse practitioner the reasonable value of hospitalization services and medical treatment that the hospital and physician, physician assistant or nurse practitioner rendered; and
(c) Pays moneys to the injured person, the heirs or personal representative of the injured person, the attorney for the injured person or for the heirs or personal representative of the injured person, or a person not claiming a valid lien under ORS 87.555, as compensation for the injury suffered or as payment for the costs of hospitalization services or medical treatment incurred by the injured person.
(2) An action arising under subsection (1) of this section shall be commenced within 180 days after the date of payment under subsection (1)(c) of this section. [1999 c.146 §7 (enacted in lieu of 87.580); 2014 c.45 §9]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.585 - Foreclosure.

The liens described in ORS 87.555 may be foreclosed by a suit in the circuit court. In any suit brought pursuant to the provisions of ORS 87.581 or this section, upon entering a judgment for the plaintiff, the court shall allow as part of the costs and disbursements all moneys paid for the filing and recording of the notice of lien, and reasonable attorney fees at trial and on appeal. [Amended by 1981 c.897 §25; 1999 c.146 §8; 2003 c.576 §344]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.603 - Definitions for ORS 87.603 to 87.633.

As used in ORS 87.603 to 87.633, unless the context requires otherwise:
(1) "Ambulance" has the meaning given that term in ORS 682.025.
(2) "Ambulance services" includes the transportation of an individual who is ill or injured or who has a disability in an ambulance and the administration of medical or emergency care, if necessary, while the individual is being transported.
(3) "Governmental unit" means the state, any county, city or other municipal corporation or any department, board or other agency of any of them. [1983 c.821 §2; 1985 c.16 §446; 2007 c.70 §19]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.607 - Ambulance services lien.

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]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.613 - Notice of lien required.

In order to perfect the lien described in ORS 87.607, the person or an officer of the governmental unit that provided the ambulance services shall:
(1) Not later than 15 days after providing the ambulance services, file a notice of lien with the recording officer of the county in which the individual who received the ambulance services resides; and
(2) Prior to the date of judgment, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon the insurer or health care service contractor which has agreed to indemnify or compensate the individual for any costs incurred for ambulance services. [1983 c.821 §4]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.617 - Form of notice; contents.

The notice of lien required under ORS 87.613 shall be a statement in writing verified by the oath of the person or an officer of the governmental unit asserting the lien claim and must contain:
(1) A true statement of demand, after deducting all credits and offsets;
(2) The name of the individual who received ambulance services;
(3) An itemized statement of the ambulance services provided;
(4) A statement that the amount claimed is a true and bona fide existing debt as of the date of the filing of the notice of lien; and
(5) The date on which payment for the ambulance services is due. [1983 c.821 §5]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.623 - Notices recorded in lien docket.

The recording officer of the county shall record the notices filed under ORS 87.613 in the lien docket maintained under ORS 87.575. [1983 c.821 §6; 2014 c.45 §10]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.627 - Payment after notice of lien; liability to provider of services; exception.

(1) Except as provided in subsection (2) of this section, when an insurer or health care service contractor receives a certified copy of a notice of lien from a person or governmental unit under ORS 87.613, if the insurer or health care service contractor makes any payment to the individual named in the notice without paying the person or governmental unit the amount claimed by the person or governmental unit in the notice, the insurer or health care service contractor is liable to the person or governmental unit for the amount claimed in the notice of lien. For 180 days after the date of such payment, the person or governmental unit has a cause of action against the insurer or health care service contractor.
(2) If an insurer or health care service contractor pays for ambulance services according to the terms of its policy or contract in response to a claim received earlier than the certified copy of a notice of lien for those ambulance services is received under ORS 87.613, then the insurer or health care service contractor is not liable for the amount claimed in the notice of lien and the person or governmental unit has no cause of action under ORS 87.603 to 87.633 against the insurer or health care service contractor. [1983 c.821 §7]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.685 - Definitions for ORS 87.685 to 87.695.

As used in ORS 87.685 to 87.695:
(1) "Default" means a failure to perform in a timely manner any obligation or duty set forth in a rental agreement.
(2) "Last known address" means a physical or electronic mail address that an occupant provided in the latest rental agreement or the physical or electronic mail address the occupant provided in a subsequent written notice of a change of address.
(3) "Occupant" means a person or a sublessee, successor or assignee of the person who is entitled, under a rental agreement, to the exclusive use of specified individual storage space at a self-service storage facility.
(4) "Owner" means an owner, operator, lessor or sublessor of a self-service storage facility or an agent or any other person that the owner, operator, lessor or sublessor authorizes to manage the facility or to receive rent from an occupant under a rental agreement.
(5) "Personal property" means movable property that is not affixed to land and includes, but is not limited to, goods, merchandise, household items and watercraft.
(6) "Rental agreement" means a written agreement or lease that establishes or modifies terms, conditions, rules or any other provisions concerning an occupant’s use and occupancy of a self-service storage facility.
(7)(a) "Self-service storage facility" means real property that is designed and used for renting or leasing individual storage space to occupants who have exclusive access to the storage space to store or remove personal property.
(b) "Self-service storage facility" does not include:
(A) A warehouse or other facility that a person uses to store personal property for which the person that operates the facility issues a warehouse receipt, bill of lading or other document of title under ORS chapter 77; or
(B) Real property that a person uses for residential purposes.
(8) "Verified mail" means any method of mailing that the United States Postal Service or a private delivery service offers that provides evidence of mailing. [1997 c.374 §2; 2009 c.181 §111; 2013 c.209 §3]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.686 - Rental agreement; statement of insurance held by owner.

(1) A rental agreement must state whether the owner holds an insurance policy that protects personal property that is stored at the self-service storage facility identified in the rental agreement.
(2) If the owner holds an insurance policy that protects personal property stored at the self-service storage facility, the rental agreement must describe the nature of the insurance coverage.
(3) If the owner does not hold an insurance policy that protects personal property stored at the self-service storage facility, the rental agreement must state that the occupant’s personal property is not protected by insurance held by the owner.
(4) At the time the occupant signs the rental agreement, the occupant shall initial the applicable statement described in subsection (2) or (3) of this section. [1999 c.719 §2; 2013 c.209 §4]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.687 - Self-service storage facility owner’s possessory lien; attachment of lien; priority of lien.

(1) The owner of a self-service storage facility has a lien upon all personal property, whether or not owned by the occupant, that is located in a specified storage space rented by an occupant at the facility to secure payment for rent, reasonable or agreed charges for labor, materials or other services provided by the owner at the request of the occupant, expenses necessarily incurred in preserving the personal property and expenses reasonably incurred in the sale or other disposition of the personal property under ORS 87.689. The owner may retain the personal property until the rent and other charges and expenses are paid.
(2) The lien created by this section attaches to personal property of an occupant at the time at which the personal property is stored at the self-service storage facility.
(3) Except for a lien or security interest that is perfected prior to the attachment of the lien created by this section, the lien created by this section has priority over any other lien or security interest or encumbrance on the personal property subject to the lien. [1997 c.374 §3]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.689 - Notice of foreclosure and sale.

(1) An owner may foreclose a lien created by ORS 87.687 upon the occupant’s default.
(2) Before an owner may foreclose by sale a lien created by ORS 87.687, the owner shall notify the occupant of the foreclosure and sale by sending registered or certified mail or other verified mail to the occupant’s last known address or by sending electronic mail to the occupant’s last known address.
(3) A notice provided under this section must include:
(a) An itemized statement of the owner’s claim that shows the sum due on the date of the notice.
(b) An identification of the specific individual storage space that the occupant rented at the self-service storage facility.
(c) A statement that denies the occupant access to the occupant’s personal property stored at the self-service storage facility, if the terms of the rental agreement allow the owner to deny access.
(d) A demand for payment within a specified time that is not earlier than 30 days after the default.
(e) A conspicuous statement that declares that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale and will be sold at a specified time and place.
(f) The name, street address and telephone number of the owner or the owner’s designated agent whom the occupant may contact to respond to the notice.
(4) Any notice given under this section is presumed delivered if the notice is properly addressed with postage prepaid and is deposited with the United States Postal Service or if the owner has a record or other evidence that shows that the owner sent the notice to an electronic mail address that the occupant designated in the rental agreement for receiving electronic mail. [1997 c.374 §4; 2013 c.209 §5]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.693 - ORS 87.687 as exclusive law for creating lien; exception.

(1) Except as provided in subsection (2) of this section, ORS 87.687 is the sole and exclusive statute creating a lien applicable to personal property in self-service storage facilities.
(2) If a motor vehicle is stored or parked at a self-service storage facility, upon default, the owner may proceed as an owner of a parking facility under ORS 98.810 to 98.818. [1997 c.374 §6]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.694 - Late fee; requirements.

An owner may charge and collect a reasonable fee for an occupant’s late payment of rent due for use of an individual storage space in a self-service storage facility. The rental agreement must specify the amount of the fee and the date on which the owner may charge the fee. The owner may charge the fee once in each month in which the occupant fails to pay the rent due or pays the rent due later than the due date specified in the rental agreement. For purposes of this section, a fee is reasonable if the fee does not exceed the greater of $20 or 20 percent of the monthly rent due for the individual storage space. The owner may charge and collect the late fee in addition to any other fees authorized by law or under the rental agreement. [2013 c.209 §2]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.700 - Definitions for ORS 87.228 and 87.700 to 87.736.

As used in ORS 87.228 and 87.700 to 87.736, unless the context otherwise requires:
(1) "Agricultural produce" means horticultural products, viticultural products, fruit, berries, vegetables, hops, mint oil, hazelnuts or other nuts, dairy products, bee products, vermiculture products, hay or straw baled and prepared for market, meat animals and Christmas trees as defined in ORS 571.505.
(2) "Agricultural producer" means a person that engages in or has engaged in the business of growing or producing agricultural produce for market or for delivery or transfer to others owning or holding title to the produce. "Agricultural producer" includes a landowner, producer, landlord, tenant, sharecropper or other person who participates in the growing of agricultural produce and receives a share of the produce.
(3) "Meat animal" has the meaning for that term provided in ORS 603.010.
(4) "Person" means individual, corporation, partnership, association, joint stock company, limited liability company, limited liability partnership, cooperative, government entity, unincorporated organization or other business entity.
(5) "Purchaser" does not include a cooperative organized and operating under ORS chapter 62, including a foreign cooperative authorized to do business in this state under ORS chapter 60, if the agricultural producer is a member of the cooperative.
(6) "Security interest" has the meaning given that term in ORS 71.2010 (2)(ii). [1973 c.647 §2; 1975 c.703 §6; 1999 c.612 §1; 2001 c.301 §10; 2005 c.657 §4; 2009 c.181 §105; 2009 c.294 §12]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.705 - Agricultural produce lien; date lien attaches.

(1) An agricultural producer that delivers or transfers agricultural produce for consideration to a purchaser has a lien for the contract price of that produce, or for the reasonable value of the produce if there is no contract price. The lien created by this section attaches to all agricultural produce, whether in a raw or processed condition, delivered or transferred to the purchaser by any agricultural producer and to all other inventory of the purchaser. The lien also attaches to proceeds received by the purchaser from the sale by the purchaser to a third party of any raw or processed agricultural produce. If the agricultural produce that an agricultural producer delivers to the purchaser consists of meat animals, the lien also attaches to all accounts receivable by the purchaser from the sale of any agricultural produce to a third party. The lien on the agricultural produce, inventory, proceeds or accounts receivable attaches on the date physical possession of the agricultural produce is delivered or transferred by the agricultural producer to the purchaser or an agent of the purchaser.
(2) An agricultural producer that claims a lien under subsection (1) of this section need not file any notice in order to perfect the lien. The agricultural producer must file a notice of lien as provided in ORS 87.710 or a notice of claim of lien as provided in ORS 87.242 to extend the lien beyond the normal expiration date.
(3) The lien created by this section is subject to the provisions of ORS 79.0320 (1).
(4) An agreement by an agricultural producer purporting to waive the right to file notice under ORS 87.242 or 87.710 of a lien created by this section is void as contrary to public policy. [1973 c.647 §3; 1975 c.648 §53; 1999 c.612 §2; 2001 c.301 §11; 2007 c.71 §21; 2011 c.359 §2]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.715 - Priority.

Except for tax liens, and except as provided in ORS 87.146 (1)(c) and 87.710 (4), the class of lien created by ORS 87.705 is prior and superior to all other classes of lien or any classes of security interest in the inventory, proceeds or accounts receivable of a purchaser, without regard to whether those other liens or security interests attached to the inventory, proceeds or accounts receivable before or after a lien created by ORS 87.705 attaches. Except as provided in ORS 87.710 (4), all liens of the class created under ORS 87.705, regardless of the date of attachment or the date of notice of lien, are of equal priority and payable pro rata in proportion to the size of each lien. This section does not prohibit an unequal pro rata recovery between agricultural producers supplying meat animals and other agricultural producers if the inequality results from a lien on accounts receivable created under ORS 87.705. [1973 c.647 §5; 2001 c.301 §13]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.725 - Foreclosure; costs allowable to prevailing plaintiff.

(1) The lien created by ORS 87.705 shall be foreclosed in the manner provided by law for the foreclosure of liens generally.
(2) In all suits under ORS 87.228 and 87.700 to 87.736, 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]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.730 - Expiration of lien for failure to bring timely foreclosure suit.

A lien created under ORS 87.705 expires unless suit to foreclose the lien is brought in an appropriate court no later than the 45th day after the date final payment to the agricultural producer is originally due or, if the producer extends the lien by filing a notice of lien under ORS 87.710, no later than the 225th day after the date final payment to the producer is originally due. [1973 c.647 §8; 2001 c.301 §14]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.735 - Filing certificate of lien satisfaction upon payment for produce; liability of producer for failure to discharge lien.

(1) When an agricultural producer receives full payment for agricultural produce, if the producer has filed a notice under ORS 87.710 (2) to extend a lien or under ORS 87.725 to foreclose a lien, the producer shall file with the Secretary of State a certificate declaring that full payment has been received from the purchaser and that the lien is discharged.
(2) Upon receiving the certificate, the Secretary of State shall enter the certificate in the index maintained by the secretary for filing financing statements pursuant to ORS chapter 79.
(3) If an agricultural producer that receives full payment for agricultural produce fails to file the certificate described in subsection (1) of this section on or before the 10th day after receiving a request for filing from a purchaser, the producer is liable to the purchaser in the sum of $100 damages and for all actual damages caused by the failure, to be recovered in an action at law. [1973 c.647 §9; 1999 c.612 §4; 2001 c.301 §15]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.736 - Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735; fees for filing and for furnishing copies.

(1) Notices filed with the Secretary of State under ORS 87.710 and certificates filed with the Secretary of State under ORS 87.735 must be in a form prescribed by the Secretary of State. The Secretary of State shall include the notices and certificates in the index maintained by the secretary for filing financing statements pursuant to ORS chapter 79. The secretary shall maintain the notices and certificates as public records for a period of time established by the secretary.
(2) The Secretary of State shall establish fees pursuant to ORS 177.130 for filing notices and certificates and for furnishing copies of notices or certificates. Fees established pursuant to this subsection are nonrefundable. [2001 c.301 §2]
2023 Oregon Revised Statutes › Volume : 02 - Business Organizations, Commercial Code › Chapter 087 - Statutory Liens › Section 87.750 - Definitions for ORS 87.750 to 87.777.

As used in ORS 87.750 to 87.777, unless the context otherwise requires:
(1) "Agricultural producer" means a person that engages in or has engaged in the business of growing or producing grain for market or for delivery or transfer to others owning or holding title to the grain. "Agricultural producer" includes a landowner, producer, landlord, tenant, sharecropper or other person who participates in the growing of grain and receives a share of the grain.
(2) "Grain" means wheat, seed corn, corn used for animal feed, oats, barley, rye, flaxseed, certified alfalfa seed, agricultural seed as defined in ORS 633.511 (1), vegetable seed as defined in ORS 633.511, the seed of any cereal grain, soybeans, grain sorghum, dry beans and dry peas and any other grain for which standards are established or followed by the State Department of Agriculture.
(3) "Inventory" means all grain purchased or received from agricultural producers, whether in bulk lots or in blended or packaged form. "Inventory" does not include the equipment or supplies of the person holding or owning the grain.
(4) "Person" means individual, corporation, partnership, association, joint stock company, business trust, limited liability company, limited liability partnership, cooperative, government entity, unincorporated organization or other business entity. [1981 c.446 §2; 1983 c.141 §1; 1995 c.371 §10; 2001 c.301 §17]