Disposition of proceeds of foreclosure sale
(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]
Section 87.206 — Disposition of proceeds of foreclosure sale,