Judgment liens in circuit courts
Source:
Section 18.150 — Judgment liens in circuit courts, https://www.oregonlegislature.gov/bills_laws/ors/ors018.html
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Notes of Decisions
Under former similar statute (ORS 18.350)
A judgment lien attaches to the excess value of property over the homestead exemption granted in a bankruptcy discharge; overruling Boyd v. Ore., 249 Or 513, 439 P2d 862 (1968). Mendenhall v. NW Credit Adjusters, Inc., 263 Or 104, 500 P2d 702 (1972)
Judgment lien attaches only against property interest actually held by debtor at or after time lien was docketed. Wilson v. Willamette Industries, 280 Or 45, 569 P2d 609 (1977)
Judgments and tax liens filed in county where real property was located did not attach to property previously awarded to debtor’s spouse in divorce decree elsewhere and not recorded in that county. United Finance Co. v. King, 285 Or 173, 590 P2d 228 (1979)
Where real property belongs to subject of protective proceeding, providing for welfare of protected person and payment of administrative expenses statutorily supersedes priority given perfected lien against real property. Crofoot v. Oregon State Bar, 54 Or App 151, 634 P2d 284 (1981)
Bankruptcy trustee’s determination that house has no value to bankruptcy estate is not judicial determination which prevents judgment creditor from contesting value of house in later proceeding under [former] ORS 23.280 to discharge judgment lien. North Coast Electric v. Kenney’s Plumbing and Repair, 90 Or App 131, 750 P2d 1201 (1988), Sup Ct review denied
In absence of both clear indication that severance of vendor’s right to receive contract payments under land sale contract from vendor’s legal title to land, and appropriate actions necessary to effect severance, judgment lien under this section attaches both to vendor’s right to receive contract payments and to vendor’s legal title to real property. Bedortha v. Sunridge Land Co., Inc., 312 Or 307, 822 P2d 694 (1991)
Judgment liens of creditors of loan broker did not attach to real property recorded in name of loan broker, because loan broker held real property as trustee in resulting trust. Certified Mortgage Co. v. Shepherd, 115 Or App 228, 838 P2d 1082 (1992)
In general
Entry of judgment, alone, does not create lien on judgment debtor’s personal property. In re Grogan, 476 B.R. 270 (Bkrtcy. D. Or. 2012)
Law Review Citations
In general
44 WLR 377 (2007)