CHATTEL LIENS (POSSESSORY) / §12.2
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B.
III.
IV.
A lien continued by an agreement may not continue in force for more than two years from the time the claim of lien is filed. ORS 87.266(1).
After disbursement for cost of sale and discharge of the lien, any remaining proceeds of the foreclosure sale must be claimed within three years from the date of deposit with the county treasurer. ORS 87.316.
(§11.3)
Agricultural Lien
A.
An agricultural claim of lien under ORS 87.226 requires filing a notice of claim of lien with the Secretary of State within 75 days after the furnishing of labor, materials, or services has terminated. ORS 87.242. See, McGregor Co. v. Heritage, 291 Or 420, 631 P2d 1355 (1981) (lien follows chattels upon sale after attachment, unless chattels are sold prior to filing of notice of claim and purchaser is notified of lien prior to delivering proceeds to owner). An agricultural lienholder can lose its priority for failure to send notice. ORS 87.252(4).
B.
An agricultural services lien will cease to exist if a suit to foreclose or a petition to foreclose without suit under ORS 87.272 is not commenced within 18 months after the claim of lien is filed or six months after expiration of an agreed extended payment period. A lien continued by agreement may not continue in force for more than two years from the time the claim for lien is filed. ORS 87.266(2).
(§11.4)
References
See generally CREDITORS’ RIGHTS AND REMEDIES ch 3 (Oregon CLE 2002); FORECLOSING SECURITY INTERESTS ch 6 (Oregon CLE 1997 & Supp 2001). CHATTEL LIENS (POSSESSORY) I.
(§12.1)
Generally
Any person who performs services or supplies materials to a chattel has a possessory lien until the charges are paid. ORS 87.152. II.
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(§12.2)
Foreclosure
A.
Foreclosure is not permitted until the lienor has possessed the chattel for at least 60 days after the lien attaches. ORS 87.172(1).
B.
In the case of an animal, a lienor must retain possession of the animal for at least 30 days before foreclosure. If the animal is a dog or a cat, the period of possession is 15 days. ORS 87.172(2).
C.
If the property is a motor vehicle appraised at $1,000 or less but more than $500 (by a person holding a certificate under ORS 819.230), which has been removed, towed, or stored, the vehicle must be retained at least