Oregon Revised Statutes Chapter 87 § 87.232 — receives full payment of the claim including costs of making, filing and
Oregon Revised Statutes Chapter 87 ·
Oregon Code § 87.232·Enacted ·Last updated March 01, 2026
Statute Text
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 (2) for filing
either a suit to foreclose or a proceeding under ORS 87.272 to 87.306 to
foreclose a lien created by ORS 87.226, the owner of chattels subject to a
claim of lien that has ceased to exist pursuant to ORS 87.266 (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 to 87.306 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 to 87.306 has been filed prior to the expiration of
the time period set forth in ORS 87.266 (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 79A 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]
Plain English Explanation
This Oregon statute addresses receives full payment of the claim including costs of making, filing and
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 87.232
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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