Filing certificate of lien satisfaction upon payment of claim
- liability for failure to discharge lien
- notice of discharge
(1)When a person claiming a lien under ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) to 87.232 (Fishing lien and fish worker’s lien) receives full payment of the claim including costs of making, filing and recording the lien and expenses incurred in commencing to foreclose it, the person shall file with the Secretary of State or the recording officer of the county in which the claim of lien is recorded a certificate declaring that full payment has been received from the lien debtor and that the claim of lien is discharged.
(2)Upon receiving the certificate, the Secretary of State or recording officer shall enter it in full length in the index of liens upon chattels.
(3)If any lien claimant, after full payment of the claim, within 10 days after being requested thereto, fails to discharge the claim of lien, the person is liable to the owner of the chattel formerly subject to the lien in the sum of $100 damages and for all actual damages caused by the failure of the lien claimant to discharge the claim of lien. The owner of the chattel shall recover those damages by an action at law.
(4)Upon the expiration of the 18-month time period allowed by ORS 87.266 (Duration of liens) (2) for filing either a suit to foreclose or a proceeding under ORS 87.272 (Petition for foreclosure without suit) to 87.306 (Foreclosure by sale without suit) to foreclose a lien created by ORS 87.226 (Agricultural services lien), the owner of chattels subject to a claim of lien that has ceased to exist pursuant to ORS 87.266 (Duration of liens) (2) may file with the Secretary of State a notarized certificate indicating:
(a)The date and location where the claim of lien was filed with the Secretary of State;
(b)That the lien has expired and is discharged because no suit to foreclose or proceeding under ORS 87.272 (Petition for foreclosure without suit) to 87.306 (Foreclosure by sale without suit) has been initiated with respect to such lien claim; and
(c)That the person filing such certificate has personally contacted the clerk of the circuit court in such county to determine that no suit to foreclose or proceeding under ORS 87.272 (Petition for foreclosure without suit) to 87.306 (Foreclosure by sale without suit) has been filed prior to the expiration of the time period set forth in ORS 87.266 (Duration of liens) (2).
(5)Within 10 days after filing a certificate under subsection (4) of this section, the person filing the certificate shall mail or deliver a true copy thereof to all persons having perfected security interests under ORS chapter 79 in the chattel which is the subject of the lien to which the certificate applies. [1975 c.648 §40; 1985 c.469 §7; 1987 c.297 §3; 1995 c.658 §67; 2001 c.301 §9]
Section 87.346 — Filing certificate of lien satisfaction upon payment of claim; liability for failure to discharge lien; notice of discharge,