Filing notice of lien
- • duration of lien
- • contents of notice
- • notice to secured parties
- • effect of failure to give notice to secured parties
(1) A lien created under ORS 87.705 (Agricultural produce lien) expires no later than the end of the 45th day after the date that the final payment to the agricultural producer is originally due, unless the producer extends the lien as provided in subsection (2) of this section or ORS 87.242 (Filing notice of claim of lien). If the agricultural producer extends the lien, the lien expires no later than the 225th day after the date that the final payment to the producer is originally due.
(2) An agricultural producer may extend a lien created under ORS 87.705 (Agricultural produce lien) by filing a notice of lien with the Secretary of State or by filing a notice of claim of lien under ORS 87.242 (Filing notice of claim of lien). If a notice of lien is filed under this subsection, the agricultural producer may file the notice only during the period after the date that payment for the agricultural produce is originally due and no later than the 45th day after the date that the final payment for the produce is due. The notice must be supported by affidavit and contain:
(a) A true statement of the agricultural producer’s demand after deducting all credits and offsets;
(b) The name of the purchaser that received the agricultural produce to be charged with the lien;
(c) A description of the produce delivered or transferred by the producer sufficient to identify the basis for the lien;
(d) A statement that the amount claimed is a true and bona fide existing debt as of the date of the filing of the notice of lien;
(e) The date that the final payment to the producer was originally due; and
(f) Such other information as the Secretary of State may require.
(3) If an agricultural producer files a notice of lien under this section, the producer shall send notice to all persons that have filed a financing statement under ORS chapter 79 that perfects a security interest in all or part of the same inventory, proceeds or accounts receivable. The notice to those persons must provide the same information contained in the notice of lien required by subsection (2) of this section and be sent by certified mail, return receipt requested.
(4) The agricultural producer must send notice to other persons as required by subsection (3) of this section no later than the 20th day after filing the notice of lien. If the agricultural producer does not send a person notice within the required time, the lien created under ORS 87.705 (Agricultural produce lien) becomes subordinate to that person’s perfected security interest in the agricultural produce, proceeds or accounts receivable of the purchaser.
(5) For purposes of this section, final payment to the agricultural producer for agricultural produce is due:
(a) On the date specified for payment in the contract between the purchaser and the producer; or
(b) If there is no contract or no date of payment is specified in the contract, two business days after the purchaser takes delivery of the produce.
(6) Notwithstanding ORS 174.120 (Computation of time), for purposes of this section and ORS 87.730 (Expiration of lien for failure to bring timely foreclosure suit) and 87.735 (Filing certificate of lien satisfaction upon payment for produce), if the last day of the period for performing an act is a Saturday, or a legal holiday as specified in ORS 187.010 (Legal holidays) and 187.020 (Additional legal holidays), the period runs until the end of the next day that is not a Saturday or legal holiday. [1973 c.647 §4; 1975 c.648 §54; 1975 c.703 §7; 1999 c.612 §3; 2001 c.301 §12; 2011 c.359 §3]
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