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CalAttorney2
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Category: Business Law
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I read the conversation regarding a State mechanic's lien.

Customer Question

Hi, I read the conversation regarding a Washington State mechanic's lien. Does all talked about apply to the state of Oregon? Mainly that the mechanics lien takes precedence over the financial lenders.
Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.

Each state's mechanic's lien laws are slightly different from one another (so it is very important to be sure that you are using the laws specific to the state where the construction project is taking place). See generally: http://www.fullertonlaw.com/docs/appendices/50_state_survey_of_mechanics_lien_rights.pdf.

For a very good overview of Oregon State's Mechanic's Lien Laws (and resources for assistance), see this publication: http://www.oregon.gov/CCB/Documents/pdf/constructionlienspamplet.pdf

It is possible, in some circumstances, for an Oregon contractor or supplier to have their lien be deemed superior to a mortgage loan or senior loan, but they must follow the notice and recording procedures (and no mechanic's lien is enforceable until it is "perfected" through a civil suit). See ORS 87.021: http://www.oregonlaws.org/ors/87.021