What are the different types of liens in Oregon?
Asked by: Chad Dietrich | Last update: February 7, 2026Score: 4.1/5 (28 votes)
Oregon has various liens, including Mechanics' Liens (for construction/labor), Tax Liens (property, income), Judgment Liens (from court cases), and Mortgage Liens (voluntary for loans). These can be general (all assets) or specific (one property) and either voluntary (agreed to) or involuntary (imposed by law/court), protecting unpaid contractors, suppliers, and the government, or securing loans.
Are there different kinds of liens?
Of the three types of liens (consensual, statutory, and judgment), the judgment lien is the most dangerous form, but one which the informed business owner may be able to eliminate. A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.
What is the lien law in Oregon?
Construction liens have been a part of Oregon's law for over 100 years. Under this law, anyone who constructs improvements on property, supplies materials, rents equipment, or provides services for improvements has a right to collect payment from the property if they are not paid.
Which type of lien will most likely be paid off first?
Mortgage Liens
First mortgages are almost always recorded before any other liens are, and are high on the lien-priority ladder. Second and third mortgages: More than one mortgage can be taken out on a property. Second and third mortgages will have a lower priority than the first mortgage.
Under which of the following types of liens can both?
Judgment Liens
A judgment lien can be filed against both real estate or personal property like vehicles or furniture to satisfy the outstanding debt. Some creditors will garnish wages before filing a judgment lien since judgments are behind a tax or mortgage lien.
Is Oregon A Tax Lien State?
How many types of lien are there?
There are two main types of liens in India - specific liens and general liens. Specific liens apply when a creditor has a legal right to hold possession of a certain property.
What is 1st lien and 2nd lien?
In real estate, first-lien loans (primary mortgages) let you finance a home purchase, while second-lien loans (home equity loans or HELOCs) let you tap your home's value for cash. The holder of the first-lien loan has repayment priority if a borrower defaults on their debt or goes bankrupt.
Can you buy a house with a judgement lien?
How Do Judgments and Liens Affect Real Estate Closings? Before closing, the title company conducts a title search to uncover any encumbrances, including liens or judgments. If a lien is discovered, it must be addressed and cleared before title insurance can be issued and the property transfer completed.
Which liens survive foreclosure?
When it comes to liens with higher priority than the foreclosing lien, like property tax liens and federal tax liens, they usually persist after foreclosure. Property tax liens, held by county tax collectors for unpaid property taxes, take priority over other liens, including the foreclosing lender's.
What type of lien typically takes priority over all other prior liens?
As stated in California Civil Code § 8450(a), a mechanics lien can hold higher priority over other liens, including mortgage liens. Say, in a hypothetical scenario, that a material supplier delivered materials to a residential property before the mortgage has been recorded.
Can someone put a lien on your property without you knowing?
Yes, a lien can be placed on your house without you knowing, especially with involuntary liens like tax liens, mechanic's liens from unpaid contractors, judgment liens from lawsuits, or child support liens for overdue payments, as these don't always require direct notice before filing in public records. While you might not be directly notified immediately, the lien is recorded publicly, and you often discover it when selling or refinancing, but you can check your county recorder's office for public records to see if any exist.
Can you go to jail for a lien?
No, you generally cannot go to jail for having or not paying a debt with a lien, as it's a civil matter; however, you can face jail time if you ignore a court order related to the debt (like failing to appear in court or pay child support) or if you file a fraudulent lien, which can lead to criminal charges. A lien itself is a creditor's legal claim on your property to secure repayment, not a criminal offense.
Can I lose my house over a lien?
Once a lien is placed on your home, the creditor can foreclose on the house to recover the debt. A creditor must file and be approved for a property lien through a county records office. Different states may have their own processes for lien filing. Often, the creditor will notify the debtor of the lien.
How long does a lien typically last?
A judgment lien expires after 5 years from the date it is recorded but may be rerecorded once for another period of 5 years not less than 120 days before the expiration of the initial judgment.
What is a miscellaneous lien?
Every person who shall make, alter or repair, or bestow labor upon, any article of personal property at the request of the owner or other person entitled to possession thereof shall have a lien upon such article for the reasonable value of the labor performed and materials furnished and used in making such article or ...
What is a 2nd lien position?
Under certain inter-institutional agreements, a lender or group of lenders (i.e., second-lien lender) agrees to hold a security interest or subordinated claim in collateral to be repaid after the first-lien or senior lender receives payment in full.
What is the 37 day foreclosure rule?
The "37-day foreclosure rule" under CFPB regulations requires mortgage servicers to halt foreclosure actions and evaluate a homeowner for loss mitigation options if a complete application is received more than 37 days before a scheduled foreclosure sale; if received closer than 37 days, the servicer isn't required to review it for standard loss mitigation, though some state or specific mortgage rules might still apply. A recent proposed rule aims to extend protections to earlier "requests for assistance," not just complete applications, broadening when foreclosure stops, notes Consumer Finance Monitor and Troutman Pepper Locke.
How long can a house be sold with a lien on it?
The period for how long a lien can last will vary depending on your state. However, most liens remain on a title for up to 2 years.
How do you get around a title with a lien?
Once you have paid off your loan, the lien should be removed by removing the lender from your Certificate of Title. Typically, once you pay off your loan, the lender signs the back of the Certificate of Title to release the title to you.
What happens if you buy property that has a lien on it?
A lien is the result of a debt and works as a legal notice that's placed on the property until said debt is paid in full. In the meantime, the title is 'unclear' and a potential title transfer will be hindered by specific limitations. It all depends on the type of lien that's placed on the property.
What is the 3-3-3 rule in real estate?
The "3-3-3 Rule" in real estate typically refers to a financial guideline for home buyers, suggesting monthly housing costs stay under 30% of gross income, saving 30% for a down payment/buffer, and the home price shouldn't exceed 3 times annual income, preventing overspending and building financial security for unexpected costs, notes Chase Bank, CMG Financial, and MIDFLORIDA Credit Union. Another interpretation, Mountains West Ranches https://www.mwranches.com/blog/3-3-3-rule-a-smart-guide-for-real-estate-buyers, is for buyers to have three months of savings, three months of mortgage reserves, and compare three properties, while agents use a marketing version: call 3, write 3 notes, share 3 resources.
What assets are protected from lawsuits?
Assets That May Be Protected
Annuities, if the beneficiary is a spouse, child, or a trust for a spouse's or child's benefit. Retirement plans such as IRAs, 401(k)s, pension plans, profit sharing plans and similar plans.
What is the monthly payment on a $70,000 home equity loan?
A $70,000 home equity loan payment varies by interest rate (APR) and term, but expect roughly $680 - $870/month for a 10-year loan and $480 - $690/month for a 15-year loan, depending on current rates around 8.4% - 8.7%; for example, at 8.5% over 10 years, it's about $860, and at 8.4% over 15 years, it's around $680, with lower rates meaning lower payments.
What are the three types of liens?
The three main types of liens are Consensual, Statutory, and Judgment liens, classified by how they are created: by agreement (consensual, like a mortgage), by law (statutory, like a tax lien or mechanic's lien), or by court order (judgment, after a lawsuit). These liens give creditors a legal claim on a debtor's property to secure repayment of a debt, affecting the property's transferability until resolved.
What is split lien?
Split Lien Loan means a Collateral Loan that (a) would be characterized as a First Lien Loan but which has been structured with a credit facility that is senior in right of payment with respect to current assets and (b) satisfies the following criteria: (i) the aggregate commitment of the senior credit facility is less ...