ORS 79.0109¹
UCC 9-109. Scope

(1) Except as otherwise provided in subsections (3) and (4) of this section, this chapter applies to:

(a) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;

(b) An agricultural lien;

(c) A sale of accounts, chattel paper, payment intangibles or promissory notes;

(d) A consignment;

(e) A security interest arising under ORS 72.4010 (Passing of title), 72.5050 (Seller's shipment under reservation), 72.7110 (Buyer's remedies in general) (3), or 72A.5080 (Lessee's remedies) (5), as provided in ORS 79.0110 (UCC 9-110. Security interests arising under ORS chapter 72 or 72A); and

(f) A security interest arising under ORS 74.2100 (Security interest of collecting bank in items) or 75.1180 (Security interest of issuer or nominated person).

(2) The application of this chapter to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this chapter does not apply.

(3) This chapter does not apply to the extent that:

(a) A statute, regulation or treaty of the United States preempts this chapter;

(b) Another statute of this state expressly governs the creation, perfection, priority or enforcement of a security interest created by this state or a governmental unit of this state;

(c) A statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or governmental unit; or

(d) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under ORS 75.1140 (Assignment of proceeds).

(4) This chapter does not apply to:

(a) A landlord’s lien, other than an agricultural lien;

(b) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but ORS 79.0333 (UCC 9-333. Priority of certain liens arising by operation of law) applies with respect to priority of the lien;

(c) An assignment of a claim for wages, salary or other compensation of an employee;

(d) A sale of accounts, chattel paper, payment intangibles or promissory notes as part of a sale of the business out of which they arose;

(e) An assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only;

(f) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;

(g) An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;

(h) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but ORS 79.0315 (UCC 9-315. Secured party's rights on disposition of collateral and in proceeds) and 79.0322 (UCC 9-322. Priorities among conflicting security interests in and agricultural liens on same collateral) apply with respect to proceeds and priorities in proceeds;

(i) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

(j) A right of recoupment or setoff, but:

(A) ORS 79.0340 (UCC 9-340. Effectiveness of right of recoupment or setoff against deposit account) applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and

(B) ORS 79.0404 (UCC 9-404. Rights acquired by assignee) applies with respect to defenses or claims of an account debtor;

(k) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, or a seller’s or purchaser’s interest in a land sale contract and the proceeds thereof, except to the extent that provision is made for:

(A) Liens on real property in ORS 79.0203 (UCC 9-203. Attachment and enforceability of security interest) and 79.0308 (UCC 9-308. When security interest or agricultural lien is perfected);

(B) Fixtures in ORS 79.0334 (UCC 9-334. Priority of security interests in fixtures and crops);

(C) Fixture filings in ORS 79.0501 (UCC 9-501. Filing office), 79.0502 (UCC 9-502. Contents of financing statement), 79.0512 (UCC 9-512. Amendment of financing statement), 79.0516 (UCC 9-516. What constitutes filing) and 79.0519 (UCC 9-519. Numbering, maintaining and indexing records); and

(D) Security agreements covering personal and real property in ORS 79.0604 (UCC 9-604. Procedure if security agreement covers real property or fixtures);

(L) An assignment of a claim arising in tort, other than a commercial tort claim, but ORS 79.0315 (UCC 9-315. Secured party's rights on disposition of collateral and in proceeds) and 79.0322 (UCC 9-322. Priorities among conflicting security interests in and agricultural liens on same collateral) apply with respect to proceeds and priorities in proceeds; or

(m) An assignment, in a consumer transaction, of a deposit account from which, under the terms of the account agreement, third party payments may be made by means of a check, draft, negotiable order of withdrawal or other order, but ORS 79.0315 (UCC 9-315. Secured party's rights on disposition of collateral and in proceeds) and 79.0322 (UCC 9-322. Priorities among conflicting security interests in and agricultural liens on same collateral) apply with respect to proceeds and priorities in proceeds. [2001 c.445 §9]

Chapter 79

Note

Subject sec­tions all sub­se­quently renumbered or repealed

Notes of Decisions

The require­ments of this chapter necessary to grant the peti­tioner a security interest in the first net proceeds were satisfied. Great W. Nat. Bank v. Hill, 27 Or App 893, 557 P2d 1367 (1976), Sup Ct review denied

This chapter applies to the assign­ment of proceeds of a pending lawsuit. Great W. Nat. Bank v. Hill, 27 Or App 893, 557 P2d 1367 (1976), Sup Ct review denied

Where lease instru­ment covering farm tractor re­quired lessee to be responsible for taxes and insurance, to bear risk of loss and excluded warranties of fitness and merchantability; at end of lease period fair market wholesale value of tractor would be substantially less than actual estimated value; and common practice was for lessees to purchase tractors for anticipated fair market wholesale value, instru­ment was security agree­ment governed by this chapter. Appleway Leasing Inc., v. Wilken, 39 Or App 43, 591 P2d 382 (1979)

Clear and unequivocal ac­tions manifesting party's intent to waive may be proved by parol and circumstantial evidence as well as by direct testimony. Bank of Eastern Oregon v. Griffith, 101 Or App 528, 792 P2d 1210 (1990)

Law Review Cita­tions

12 WLJ 207-264 (1976); 16 WLR 755 (1980); 75 OLR 493 (1996)

1 Legislative Counsel Committee, CHAPTER 79—Secured Transactions, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors79.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 79, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­079ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information