Oregon Code § 87.342·Enacted ·Last updated March 01, 2026
Statute Text
Bond,
letter of credit or deposit of money to discharge lien on chattel; amount;
recording; notice to lien claimant.
(1) The owner of a chattel subject to a lien created by ORS 87.216 to 87.232,
or any other interested person, may file with the recording officer of the
county in whose office the claim of lien is filed a bond executed by a
corporation authorized to issue surety bonds in the State of Oregon to the
effect that the owner of the chattel against which the lien is claimed shall
pay the amount of the claim and all costs and attorney fees which are awarded
against the chattel on account of the lien. The bond shall be in an amount not
less than 150 percent of the amount claimed under the lien, and must be filed
prior to the commencement of a foreclosure proceeding by the lien claimant.
(2)(a) In lieu of
the surety bond provided for in subsection (1) of this section, a person may
deposit with the treasurer of the county in which the claim for lien is filed
an irrevocable letter of credit issued by an insured institution, as defined in
ORS 706.008, or a sum of money or its equivalent equal in value to 150 percent
of the amount claimed under the lien.
(b) When a person
deposits money or an irrevocable letter of credit with the treasurer of a
county under this subsection, the person shall file with the recording officer
of the same county an affidavit stating that the deposit was made.
(3) When a bond
is filed under subsection (1) of this section or an irrevocable letter of
credit or money deposited and an affidavit filed under subsection (2) of this
section, the recording officer shall issue to the owner or other person a
certificate stating that the bond, irrevocable letter of credit or money is
substituted for the chattel and that the lien on the chattel is discharged. A
marginal entry of the discharge and bond, irrevocable letter of credit or money
shall be made in the index of liens on chattels containing the original record
of the claim of lien.
(4) When a bond
is filed under subsection (1) of this section, or money or an irrevocable
letter of credit is deposited under subsection (2) of this section, the owner
or other person filing the bond or depositing the money or an irrevocable
letter of credit shall promptly send a copy of the certificate received from
the recording officer under subsection (3) of this section to the lien claimant
by registered or certified mail sent to the lien claimant at the last-known
address of the lien claimant.
(5) If the lien
claimant establishes the validity of the lien claim by a suit to enforce it,
the lien claimant is entitled to judgment against the sureties upon the bond,
against the irrevocable letter of credit issuer or against the deposited money.
[1975 c.648 §39; 1991 c.331 §17; 1997 c.631 §389; 2003 c.576 §336]
Plain English Explanation
This Oregon statute addresses Bond,
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 87.342
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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