Or. Admin. Code § 137-055-4450

Current through Register Vol. 63, No. 12, December 1, 2024

Section 137-055-4450 - Expiration and Release of Judgment Liens

(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 and ORS 18.190.

(6) An obligee may authorize the administrator 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.

(7) 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.

Or. Admin. Code § 137-055-4450

DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 21-2023, amend filed 11/22/2023, effective 12/1/2023

Statutory/Other Authority: ORS 180.345

Statutes/Other Implemented: ORS 18.005 - 18.845