Priority of perfected liens
- right to sell improvements separately from land
- notice to mortgagee
- list of materials or supplies
Source:
Section 87.025 — Priority of perfected liens; right to sell improvements separately from land; notice to mortgagee; list of materials or supplies, https://www.oregonlegislature.gov/bills_laws/ors/ors087.html.
Notes of Decisions
This statute does not require notice to holders of both prior and subsequently recorded mortgages and thus the construction lien took precedence over mortgage not recorded until after holder of the lien commenced to deliver materials to the property. Hickey v. Polachek, 63 Or App 784, 666 P2d 294 (1983)
For person claiming lien based on provision of materials to obtain priority over prior mortgagee, lien claimant must provide mortgagee with notice of materials provided, whether or not labor is also provided. Safeport, Inc. v. Equipment Roundup & Manufacturing, Inc., 184 Or App 690, 60 P3d 1076 (2002), Sup Ct review denied
Date on which construction firm begins clearing existing structures from property in preparation to build new structures is date on which improvement commenced. SERA Architects, Inc. v. Klahowya Condominium, LLC, 253 Or App 348, 290 P3d 881 (2012), Sup Ct review denied
Law Review Citations
41 WLR 95 (2005)
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