2007 ORS 87.691¹
Sale of property subject to lien
  • advertisement of sale
  • satisfaction of lien before sale
  • use of sale proceeds

(1) After the expiration of the time specified in the notice given under ORS 87.689 (Notice of foreclosure and sale), if the personal property subject to the lien created by ORS 87.687 (Self-service storage facility owner's possessory lien) has a fair market value of $100 or less, the owner may dispose of the property in the sole discretion of the owner.

(2) After the expiration of the time specified in the notice given under ORS 87.689 (Notice of foreclosure and sale), if the personal property subject to the lien created by ORS 87.687 (Self-service storage facility owner's possessory lien) has a fair market value of more than $100, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the city or county in which the self-service storage facility is located. If there is no newspaper of general circulation in such city or county, the advertisement shall be posted in not less than six conspicuous places in the neighborhood in which the self-service storage facility is located. The advertisement shall include:

(a) The address of the self-service storage facility, the number, if any, of the space where the personal property is located and the name of the occupant.

(b) The time, place and manner of the sale.

(3) The sale of the personal property shall not take place earlier than 15 days after the first publication or posting. The sale shall conform to the terms stated in the advertisement published or posted under this section.

(4) The sale of the personal property shall be held at the self-service storage facility or at a suitable place closest to where the personal property is held or stored.

(5) If no bids are received at the public sale held under this section, the owner may otherwise dispose of the property in the sole discretion of the owner.

(6) Before any sale or other disposition of the personal property under this section, the occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section and thereby redeem the personal property. Upon receipt of such payment, the owner shall return the personal property, and thereafter the owner shall have no liability to any person with respect to the personal property.

(7) After a sale under this section, the owner may satisfy the lien created by ORS 87.687 (Self-service storage facility owner's possessory lien) from the proceeds of the sale, but shall hold the balance, if any, for delivery on demand to the occupant. If the occupant does not claim the balance of the proceeds within two years after the date of sale, the balance of the proceeds shall become the property of the owner without further recourse by the occupant.

(8) A purchaser in good faith of the personal property sold to satisfy a lien created by ORS 87.687 (Self-service storage facility owner's possessory lien) takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this section and ORS 87.689 (Notice of foreclosure and sale). [1997 c.374 §5]

Note: See note under 87.685 (Definitions for ORS 87.685 to 87.693).

1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­087.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.