Or. Admin. R. 137-055-4450 - Expiration and Release of Judgment Liens
Current through Register Vol. 61, No. 4, April 1, 2022
(1) When a judgment of the court or
administrative order containing a money or support award is filed with the
court administrator, it creates a judgment lien on all property owned by the
obligor in the county where it is filed.
(a)
A money award for past support or any lump sum support award will attach to all
real property of the judgment debtor immediately upon entry of the
judgment.
(b) A support award will
not attach until it becomes an unpaid installment pursuant to section (2) of
this rule.
(2) When an
installment becomes due under the terms of a support award and is not paid a
support arrearage lien attaches:
(a) To all
real property of the judgment debtor in the county where the judgment is filed;
and
(b) To any property acquired in
that county by the judgment debtor after that date.
(3) A support arrearage lien remains attached
to real property until:
(a) The judgment lien
expires; or
(b) The judgment lien
is released for a single piece of real property or all real property of the
judgment debtor in that county; or
(c) Satisfaction is made for the unpaid
installment(s).
(4) A
judgment lien created as a result of a child support or money award for unpaid
child support installments expires as provided in ORS
18.180.
(5) A judgment lien created as a result of a
support award for spousal support expires as provided in ORS
18.180.
(6) Notwithstanding the provisions of
sections (4) and (5), judgment remedies which expired before January 4, 2010,
remain expired.
(7) An obligee may
authorize the State of Oregon to release a lien against real property of an
obligor when the obligee has submitted a signed and notarized lien release form
to the administrator.
(8) If a
release of lien is filed for all real property of the judgment debtor in a
county, a judgment lien may be reinstated as provided in ORS Chapter
18.
Notes
Stat. Auth.: ORS 180.345
Stats. Implemented: ORS 18.005 - 18.845
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