ORS § 105 § 105.440
Report of abatement expenditures; court approval; lien.
Operative Text
(1) From time to time as the court may order during the receivership, but at least once no later than 60 days after the receivership begins and once no later than 30 days after the receivership terminates, a receiver shall file a report as described in ORS 37.200. Upon the court’s approval of the report, the court shall order: (a) That the property is liable for any net losses of the receiver over the course of the reporting period, including administrative fees of the receiver, plus interest at the greater of the legal rate of interest or the rate charged by any obligations incurred by the receiver for the benefit of the property; (b) That the county recorder may enter the order as a lien against the property within 60 days after the date of the order; and (c) That the lien has priority over all other liens, mortgages and encumbrances as provided in ORS 105.445. (2) Unless all losses of the receiver recited in an order under subsection (1) of this section have been paid, at any time within 60 days after the date of the order, the receiver may file the order with the county recorder as a lien on the property.
Oregon Revised Statutes § 105.440 governs the financial reporting and lien process that applies when a court-appointed receiver manages a rental property. The receiver must file periodic financial reports—at minimum once within 60 days of the receivership starting and once within 30 days of it ending—and once a court approves those reports, the court orders that the property itself is liable for any net losses, fees, and interest the receiver incurred. That court order can be recorded as a lien against the property, and under ORS 105.445, that lien takes priority over most other existing liens, mortgages, and encumbrances.
Plain English — not legal advice.
Under ORS § 105.440, when a court places a property into receivership, the resulting financial obligations—including the receiver's administrative fees and interest on any borrowed funds—can become a court-ordered lien recorded against the property by the county recorder. Compliant property owners and managers generally stay current on code violations and financial obligations to reduce the risk of receivership proceedings being initiated in the first place. Owners whose properties are already in receivership typically work with legal counsel to monitor the receiver's reports and understand the timeline for lien recording, since the lien can take priority over existing mortgages and encumbrances.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.440 is primarily a procedural rule governing how a court-appointed receiver accounts for money spent managing a property and how those costs become secured against the property through a lien. For tenants living in a property under receivership, this provision signals that the court is actively overseeing the property's finances, which can be relevant context when evaluating the stability of housing conditions. Tenants with questions about an active receivership affecting their building may find it useful to review court records, contact a local tenant-rights organization, or reach out to Oregon's legal aid services to better understand how the process may affect their tenancy.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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