Chapter 87 of the Oregon general statutes regulates the use of a Oregon mechanic's lien release bond to accomplish the discharge of a lien against real property. A surety bond vacates and discharges a claim of lien filed by a contractor, subcontractor supplier or laborer if the filer adheres to the statutory requirements. Section (1) of 87.076 states that, "The owner of an improvement or land against which a lien perfected under ORS 87.035, or an interested person, may file with the recording officer of the county in whose jurisdiction the claim of lien is filed, an Oregon lien discharge bond executed by a surety authorized to issue surety bonds in the state. The obligation must guarantee that the principal or principals on the bond will pay the amount of the claim and all costs and attorney fees that are awarded against the improvement or land on account of the lien." The bond penalty (bond amount) must be equal to no less than one and one half times (150%) of the lien amount or one thousand dollars, whichever is greater.
A person may file the lien release bond at any time after the claim of lien is filed. A person filing the surety bond may deliver pursuant to ORS 87.018 (Delivery of notices) a written demand to the lienholder that a perfected lien be released and a notice that if the lien is not released the person may recover the actual costs the person incurred in complying with the lien statute AND 87.081 (Filing affidavit with county officer), or the sum of $500, whichever is greater. If the lien is not released within ten days of service of the demand and notice or the lienholder does not bring a suit to foreclose the lien within the time provided by stature, then the lienholder will be liable to the person for the actual costs to him or her incurred in complying with the law. An Oregon mechanics lien release bond is dissolved and exonerated by action of law pursuant to the above.
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