10.08 10.08 Judgments and Involuntary Liens

Involuntary Liens

Below is a list of involuntary liens affecting real property in Oregon.  It summarizes statutory provisions for the duration of the various involuntary liens.  For most liens other than judgment liens, the lien continues beyond the stated period if, before expiration, the lien claimant begins a lien foreclosure.  The statues may allow extensions under certain circumstances.

 

Lien Description

Duration

Authority

Standard Judgment

10 years from entry; renewable up to 10 more years

ORS 18.180                                ORS 18.182

Money Judgment in Criminal Action

50 years from entry

ORS 18.180

Child Support Judgment, including child support or order registered from another state

35 years after the entry of the judgment that first establishes the support obligation (for judgments entered after Jan 1, 1994)  Prior to Jan 1, 1994, 10 years and renewable for up to 10 years.

ORS 18.180
ORS 18.192

Child Support Order obtained by Support Enforcement Division

10 years from entry, renewable for up to 10 years

ORS 416.440
ORS 18.180

Spousal Support judgment, including spousal support judgment or order registered from another state

25 years from entry in Oregon, if entered on or after January 1, 2004 and renewable thereafter for 10-year increments; 10 years from entry in Oregon, if entered before January 1, 2004 and renewable for up to 10 years

ORS 24.115
ORS 110.405
ORS 18.180                                         

Property division judgment if payment not due for 10 or more years from entry

Term ends 10 years after due date; renewable for up to 10 years

ORS 18.180

Transcribed Small Claims Judgment

10 years from entry; renewable for up to 10 years

ORS 46.488
ORS 86.180

Justice Court Judgment transcribed to circuit court in same county or certified copy or lien record abstract of justice court judgment recorded in same county

10 years from entry in originating justice court; renewable for up to 10 years

ORS 52.635
ORS 18.194

Certified copy or lien record abstract of municipal court judgment recorded in the same county

10 years from entry in original municipal court; renewable for up to 10 years

ORS 18.194
ORS  221.351

Out of State judgment registered in Oregon (other than registered child support or spousal support judgments)

10 years from entry in Oregon; renewable for up to 10 years

ORS 24.115
ORS 18.180

Recorded Abstract or Certified copy of justice court judgment or municipal court judgment entered in another county

10 years from entry in Oregon; renewable for up to 10 years

ORS 18.152
ORS 52.635
ORS 221.351
ORS 18.162  

Recorded out-of-state child or spousal support judgment

Expires when judgment in state of entry expires; may be extended by recording in Oregon after extension or renewal in state of entry

ORS 18.158

Recorded notice of fine by the United States under Federal Criminal Code

Until the death of the person fined or later of 20 years from entry or 20 years after release from prison

28 USC  3613(b)

Recorded abstract of Judgment in favor of the United States or one of its agencies

20 years from recording, can be renewal for additional 20 years

28 USC 3201

Federal Environmental (CERCLA) Lien

Until satisfied or until United States action is time-barred under 42 USC 9613

42 USC 9607, 9613;
ORS 205.127

Construction Lien

120 days from recorded claim of lien

ORS 87.055

Mining labor and material lien; lien for preparing land for irrigation or cultivation; nurseryman's lien; Irrigation power lien

6 months from recorded claim of lien

ORS 87.376

Attorney Lien

1 Year from recorded claim of lien

ORS 87.460(2)

Long-term Care Facility Lien

180 days; longer under specified circumstances

ORS 87.537

Federal Tax Lien

10 years from assessment date

ORS 87.826(5)
26 USC 6322, 6323(g), 6502(a)

Lien for Contributions to Employee Benefit Plan

6 months from recording

ORS 87.865(3)

Planned Community (Homeowners Association) Assessment Lien

6 Years from the date the assessment is due

ORS 94.709(4)

Condominium Unit Owner's Association Dues

6 Years from the date the assessment is due

ORS 100.450

Lien for Possible Felony fine, costs and disbursements

Liens arises at commission of attempt to commit felony; duration not specified

ORS 137.270

Lien (Restraint Warrant) for Unpaid Costs of Care rendered by State Institution (Dept of Corrections, Dept of Human Services or Oregon Health Authority

10 years from recording; renewable for up to 10 years

ORS 179.655

Lien for Unpaid Civil Penalty imposed by State Agency

10 years from recording; renewable for up to 10 years

ORS 205.125

County Tax Warrant

10 years from recording; renewable for up to 10 years

ORS 311.625
ORS 205.125

State Lien for Tax-Deferred Property

Not Specified

ORS 311.673
ORS 311.675

State Lien for Unpaid Income Tax

Arises on Assessment; continues until satisfied

ORS 314.417
ORS 314.421
ORS 314.423
ORS 314.430

State Tax Warrant

10 years from recording; renewable for up to 10 years

ORS 314.430
ORS 205.125
ORS 311.405

Civil Penalty imposed by Housing and Community Services Department

10 years from recording; renewable for up to 10 years

ORS 317.991
ORS 205.125

Hazardous Materials Compliance and Clean-Up Lien

Not Specified

ORS 465.335
ORS 466.205

Underground Storage Tank Enforcement Lien

Not Specified

ORS 466.835

Illegal Drug Cleanup Lien

Not Specified

ORS 475.485

Notice of Intent to Forfeit Real Property

Expires 30 days from Recording; Absent further filings

ORS 475A.050

Mining Land-Reclamation Lien

Unspecified

ORS 517.865

Forest Resource Trust Lien

Until  released, satisfied or foreclosed

ORS 517.860
ORS 517.865

Water User Lien

6 months from recording

ORS 540.120

State Department of Agriculture Lien

Unspecified

ORS 561.450

State Wage-Claim Order

10 years from recording; renewable for up to 10 years

ORS 652.332
ORS 205.126

Lien for Unpaid Civil Penalty imposed under Occupational Safelty or Health Statute , rule, standard or order

10 years from recording; renewable for up to 10 years

ORS 654.086
ORS 205.125

Worker's Compensation Lien

Six Months from Recording for ORS 656.564 lien; 2 years from recording for ORS 656.566 lien; 10 years from recording for ORS 656.736, 656.745, 656750, and 656.254

Six Months from Recording for ORS 656.564 lien; 2 years from recording for ORS 656.566 lien; 10 years from recording for ORS 656.736, 656.745, 656750, and 656.254

Lien for State Unemployment Benefits obtained by Fraud Lien

Not Specified

ORS 657.392

State Unemployment Tax Lien

1 Year from recording for lien under ORS 657.525 or ORS 657.530; not specified for lien under ORS 657.540

ORS 657.525
ORS 657.530
ORS 657.540

Construction Contractors Board Order

10 years from recording; renewable for up to 10 years

ORS 701.150

Lien for Unpaid Civil Penalty under Oregon Insurance Code

10 years from recording; renewable for up to 10 years

ORS 731.988
ORS 205.125