Oregon Statutes 87.762 – Filing notice of lien; duration of lien; contents of notice; notice to secured parties; effect of failure to give notice to secured parties
(1) A lien created under ORS § 87.755 expires no later than the end of the 180th day after the date the lien attaches, unless the agricultural producer extends the lien by filing a notice of lien as provided in this section or by filing a notice of claim of lien under ORS § 87.242. If the agricultural producer extends the lien, the lien expires no later than 18 months after the date the lien attaches.
Terms Used In Oregon Statutes 87.762
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) At any time prior to expiration of the initial lien period, an agricultural producer may extend a lien created under ORS § 87.755 by filing a notice of lien with the Secretary of State or by filing a notice of claim of lien under ORS § 87.242. If a notice of lien is filed under this subsection, the notice must be supported by affidavit and contain:
(a) A true statement of the demand of the agricultural producer after deducting all credits and offsets;
(b) The name of the person that purchased the grain from the producer;
(c) A description of the grain delivered or transferred by the producer sufficient to identify the basis for the lien;
(d) A statement that the amount claimed is a true and bona fide existing debt as of the date of filing the notice of lien;
(e) The date payment to the producer was originally due; and
(f) Such other information as the Secretary of State may require.
(3) If an agricultural producer files a notice of lien under this section, the producer shall send notice to all persons that have filed a financing statement under ORS Chapter 79 that perfects a security interest in all or part of the inventory of the purchaser or the proceeds from the sale of the inventory. The notice to the secured parties must provide the same information contained in the notice required by subsection (2) of this section and be sent by certified mail, return receipt requested.
(4) The agricultural producer must send notice to other persons as required by subsection (3) of this section no later than the 20th day after filing the notice of lien. If the agricultural producer does not send a person notice within the required time, the lien created under ORS § 87.755 becomes subordinate to that person’s perfected security interest in the inventory or proceeds of the purchaser.
(5) Notwithstanding ORS § 174.120, for purposes of this section and ORS § 87.772 and 87.777, if the last day of the period for performing an act is a Saturday, or a legal holiday as specified in ORS § 187.010 and 187.020, the period runs until the end of the next day that is not a Saturday or legal holiday. [1981 c.446 § 4; 2001 c.301 § 19; 2011 c.359 § 5]
[1973 c.145 § 3; repealed by 1975 c.648 § 72]