2007 ORS 87.083¹
Foreclosure after filing of bond or deposit of money
  • effect of filing or deposit
  • disposition of bond or money

(1) Any suit to foreclose a lien pursuant to ORS 87.060 (Foreclosure) that is commenced or pending after the filing of a bond or deposit of money under ORS 87.076 (Bond or deposit of money) shall proceed as if no filing or deposit had been made except that the lien shall attach to the bond or money upon the filing or deposit and the service of notice thereof upon the lien claimant. The property described in the claim of lien shall thereafter be entirely free of the lien and shall in no way be involved in subsequent proceedings.

(2) When a bond is filed or money is deposited, if, in a suit to enforce the lien for which the filing or deposit is made, the court allows the lien, the lien shall be satisfied out of the bond or money. The court shall include as part of its judgment an order for the return to the person who deposited the money of any amount remaining after the lien is satisfied.

(3) When a bond is filed or money is deposited, if, in a suit to enforce the lien for which the filing or deposit is made, the court disallows the lien, the court shall include as part of its judgment an order for the return of the bond or money to the person who filed the bond or deposited the money. [1975 c.466 §20; 1987 c.662 §16; 2005 c.22 §55]

Notes of Decisions

Surety on release of lien bond need not be made party to underlying ac­tion to foreclose lien against bond. Valencich v. TMT Homes of Oregon, Inc., 193 Or App 47, 88 P3d 300 (2004)

1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­087.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 87, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­087ano.­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.