ORS 87.039
Notice of filing claim of lien

effect of failure to give notice

Text
Annotations 1

(1)

A person filing a claim of lien pursuant to ORS 87.035 (Perfecting lien) shall mail to the owner and to the mortgagee a notice in writing that the claim has been filed. A copy of the claim of lien shall be attached to the notice. The notice shall be mailed not later than 20 days after the date of filing. Notice mailed to the owner who received the notice of right to a lien as provided by ORS 87.021 (Notice to owners) shall be deemed in compliance with the requirement of this subsection, unless the person giving notice has actual knowledge of changed ownership. Notice mailed by any person to the mortgagee who received the notice required under ORS 87.025 (Priority of perfected liens) shall be deemed in compliance with this subsection unless the person giving the notice has actual knowledge of a change of mortgagee.

(2)

No costs, disbursements or attorney fees otherwise allowable as provided by ORS 87.060 (Foreclosure) shall be allowed to any party failing to comply with subsection (1) of this section. [1975 c.466 §14; 1983 c.674 §4; 1985 c.513 §3; 1987 c.662 §7]

Source: Section 87.039 — Notice of filing claim of lien; effect of failure to give notice, https://www.oregonlegislature.gov/bills_laws/ors/ors087.html.

Notes of Decisions

It was improper for trial court to deny costs and attorney fees under this section where plaintiff gave notice in substantial compliance with the statutory requirements. Laro Lumber Company v. Patrick, 52 Or App 1035, 630 P2d 400 (1981)

87.001
Short title 87.005
Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093 87.007
Protection from construction liens perfected after sale of residential property completed 87.010
Construction liens 87.015
Land and interests therein subject to lien 87.018
Delivery of notices 87.021
Notice to owners 87.023
Notice of right to lien 87.025
Priority of perfected liens 87.027
Right of owner to demand list of services, materials, equipment and labor 87.030
Effect of owner’s knowledge of improvement 87.035
Perfecting lien 87.036
Subcontractor’s perfection of claim of lien 87.037
Prohibition against claim of lien 87.039
Notice of filing claim of lien 87.045
Completion date of improvement 87.050
Recording 87.055
Duration of lien 87.057
Notice of intent to foreclose 87.060
Foreclosure 87.070
Amount of recovery by contractor 87.075
Exemption of building materials from attachment by third persons 87.076
Bond or deposit of money 87.078
Notice of filing bond or depositing money 87.081
Filing affidavit with county officer 87.083
Foreclosure after filing of bond or deposit of money 87.086
Determination of adequacy of bond 87.088
Release of lien or return of money 87.089
Limitations on actions 87.093
Information Notice to Owner 87.142
Definitions for ORS 87.142 to 87.490 and 87.910 87.146
Priorities of liens 87.152
Possessory lien for labor or material expended on chattel 87.156
Innkeeper’s lien 87.159
Lien for care of impounded animal 87.162
Landlord’s lien 87.166
Attachment of liens 87.172
Time period before foreclosure allowed 87.176
Fees for storage of chattel 87.177
Bond or deposit of money for lien for storage of chattel 87.178
Foreclosure after filing of bond or deposit of money 87.179
Determination of adequacy of bond 87.181
Release of lien or return of money 87.182
Effect of prior security interest on method of foreclosure 87.186
Location of foreclosure sale 87.192
Notice of foreclosure sale to lien debtor 87.196
Notice of foreclosure sale to secured parties 87.202
Statement of account of foreclosure sale 87.206
Disposition of proceeds of foreclosure sale 87.212
Liability for improper sale of fungible chattels 87.214
Disposal of property left with launderer or dry cleaner 87.216
Nonpossessory lien for labor or material expended on chattel 87.222
Logger’s, woodworker’s and timberland owner’s lien 87.226
Agricultural services lien 87.228
Effect on agricultural services lien when payment for produce is made prior to filing of lien claim 87.232
Fishing lien and fish worker’s lien 87.236
Attachment of liens 87.242
Filing notice of claim of lien 87.246
Recording 87.252
Notice to owner and holders of security interests 87.256
Limitation on extent of liens 87.262
Foreclosure 87.266
Duration of liens 87.272
Petition for foreclosure without suit 87.276
Evidence admissible 87.282
Waiver of right to hearing before filing of petition 87.288
Show cause order 87.296
Waiver of right to hearing after issuance of show cause order 87.302
Authority of court on sustaining validity of lien claim 87.306
Foreclosure by sale without suit 87.312
Effect of notice of foreclosure sale to secured parties 87.316
Disposition of proceeds of foreclosure sale 87.322
Effect of prior security interest on foreclosure of nonpossessory lien for labor or material expended on chattel 87.326
Protection from theft and damage of chattel subject to lien 87.332
Injury or removal of chattel subject to lien 87.336
Costs and attorney fees in foreclosure by suit 87.342
Bond, letter of credit or deposit of money to discharge lien on chattel 87.346
Filing certificate of lien satisfaction upon payment of claim 87.352
Mining labor and material lien 87.356
Lien for preparing land for irrigation or cultivation 87.358
Nurseryman’s lien 87.362
Irrigation power lien 87.364
Attachment of liens 87.366
Filing notice of claim of lien 87.372
Recording 87.376
Duration of liens 87.382
Foreclosure 87.386
Costs and attorney fees in foreclosure 87.392
Priorities of liens 87.430
Attorney’s possessory lien 87.435
Bond, letter of credit or deposit of money to discharge attorney’s possessory lien 87.440
Determination of adequacy of bond or letter of credit 87.445
Attorney’s lien upon actions and judgments 87.450
Filing notice of claim of lien on judgment for sum of money 87.455
Filing notice of claim of lien on judgment for possession of personal property 87.460
Filing of notice of claim of lien on judgment for possession of real property 87.465
Effect of failure to file notice of claim of lien 87.470
Contents of notice of claim of lien 87.475
Effect of settlement on attorney’s lien 87.480
Attorney’s right and power over actions and judgments 87.485
Attorney fees 87.490
Priority of attorney’s lien upon actions and judgments 87.501
Definitions for ORS 87.501 to 87.542 87.503
Lien for long term care 87.507
Perfecting lien 87.512
Contents of notice of lien 87.517
Recording notice of lien 87.522
Foreclosure of lien 87.527
Limitations on property subject to lien 87.533
Assets and income that are exempt from lien 87.537
Duration of lien 87.539
Discharge or release of lien claim 87.542
Priority of lien 87.555
Hospitals, physicians, physician assistants and nurse practitioners as lien claimants 87.560
Limitations on extent of lien 87.565
Notice of lien required 87.570
Form of notice 87.575
Lien docket 87.581
Liability of person or insurer to hospital, physician, physician assistant or nurse practitioner 87.585
Foreclosure 87.603
Definitions for ORS 87.603 to 87.633 87.607
Ambulance services lien 87.613
Notice of lien required 87.617
Form of notice 87.623
Notices recorded in lien docket 87.627
Payment after notice of lien 87.633
Foreclosure 87.685
Definitions for ORS 87.685 to 87.695 87.686
Rental agreement 87.687
Self-service storage facility owner’s possessory lien 87.689
Notice of foreclosure and sale 87.691
Sale of property subject to lien 87.693
ORS 87.687 as exclusive law for creating lien 87.694
Late fee 87.695
Short title 87.700
Definitions for ORS 87.228 and 87.700 to 87.736 87.705
Agricultural produce lien 87.710
Filing notice of lien 87.715
Priority 87.725
Foreclosure 87.730
Expiration of lien for failure to bring timely foreclosure suit 87.735
Filing certificate of lien satisfaction upon payment for produce 87.736
Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735 87.750
Definitions for ORS 87.750 to 87.777 87.755
Grain producer’s lien 87.762
Filing notice of lien 87.767
Form of notice 87.772
Expiration of lien for failure to bring timely foreclosure action 87.777
Filing certificate of lien satisfaction upon payment for grain 87.806
Filing of federal tax liens 87.811
Certification of tax lien notices 87.816
Keeping of index and files with respect to tax liens 87.821
Filing and indexing fee 87.826
Construction 87.831
Short title 87.855
Lien for contributions to employee benefit plan 87.860
Filing of claim of lien 87.865
Foreclosure 87.870
Definitions for ORS 87.870 to 87.876 87.872
Lien for mold created or work performed with mold 87.876
Sale of mold 87.910
Cost of preparing lien notice 87.920
Recording of document not to create lien, affect title or constitute notice except as authorized by law 87.930
Secretary of State to furnish list of persons who have filed financing statement

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§ 87.039’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_87.039

Original Source: Section 87.039 — Notice of filing claim of lien; effect of failure to give notice, https://www.oregonlegislature.gov/bills_laws/ors/ors087.html (last accessed Aug. 25, 2023).