2015 ORS 87.322¹
Effect of prior security interest on foreclosure of nonpossessory lien for labor or material expended on chattel

ORS 87.272 (Petition for foreclosure without suit) to 87.316 (Disposition of proceeds of foreclosure sale) do not apply to a lien on a chattel created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) when that chattel is subject to a prior duly perfected security interest as provided in ORS 87.146 (Priorities of liens) (1)(d). When a lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) is junior and subordinate to a prior duly perfected security interest, that lien shall be foreclosed by suit under ORS chapter 88. In such a suit to foreclose, the holder of the prior security interest shall be made a party defendant to the foreclosure proceeding. The person holding the prior security interest may extinguish the lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel) by either a foreclosure proceeding under ORS chapter 88 or a nonjudicial foreclosure proceeding under ORS 79.0601 (UCC 9-601. Rights after default) to 79.0628 (UCC 9-628. Nonliability and limitation on liability of secured party). [1975 c.648 §35a; 2001 c.445 §162]


1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors087.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.