(2) The warehouse may also reserve a security interest against the bailor for the maximum amount specified on the receipt for charges other than those specified in subsection (1) of this section, such as for money advanced and interest. The security interest is governed by ORS chapter 79.
(3) A warehouse’s lien for charges and expenses under subsection (1) of this section or a security interest under subsection (2) of this section is also effective against any person that so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good-faith purchaser for value would have been valid. However, the lien or security interest is not effective against a person that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not:
(a) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor’s nominee with:
(A) Actual or apparent authority to ship, store or sell;
(B) Power to obtain delivery under ORS 77.4030; or
(C) Power of disposition under ORS 72.4030, 72A.3040 (2), 72A.3050 (2), 79.0320 or 79.0321 (3) or other statute or rule of law; or
(b) Acquiesce in the procurement by the bailor or its nominee of any document.
(4) A warehouse’s lien on household goods for charges and expenses in relation to the goods under subsection (1) of this section is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. In this subsection, "household goods" means furniture, furnishings or personal effects used by the depositor in a dwelling.
(5) A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver. [1961 c.726 §77.2090; 1971 c.370 §1; 2001 c.445 §149; 2009 c.181 §63]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 077 - Warehouse Receipts, Bills of Lading and Other Documents of Title
Section 77.1020 - Definitions and index of definitions.
Section 77.1030 - Relation of chapter to treaty or statute.
Section 77.1040 - Negotiable and nonnegotiable document of title.
Section 77.1050 - Reissuance in alternative medium.
Section 77.1060 - Control of electronic document of title.
Section 77.2010 - Person that may issue a warehouse receipt; storage under bond.
Section 77.2020 - Form of warehouse receipt; effect of omission.
Section 77.2030 - Liability for nonreceipt or misdescription.
Section 77.2040 - Duty of care; contractual limitation of warehouse’s liability.
Section 77.2060 - Termination of storage at warehouse’s option.
Section 77.2070 - Goods must be kept separate; fungible goods.
Section 77.2090 - Lien of warehouse.
Section 77.2100 - Enforcement of warehouse’s lien.
Section 77.3020 - Through bills of lading and similar documents of title.
Section 77.3030 - Diversion; reconsignment; change of instructions.
Section 77.3040 - Bills of lading in a set.
Section 77.3050 - Destination bills.
Section 77.3070 - Lien of carrier.
Section 77.3080 - Enforcement of carrier’s lien.
Section 77.3090 - Duty of care; contractual limitation of carrier’s liability.
Section 77.4010 - Irregularities in issue of receipt or bill or conduct of issuer.
Section 77.4030 - Obligation of bailee to deliver; excuse.
Section 77.4040 - No liability for good faith delivery pursuant to document of title.
Section 77.5010 - Form of negotiation and requirements of due negotiation.
Section 77.5020 - Rights acquired by due negotiation.
Section 77.5030 - Document of title to goods defeated in certain cases.
Section 77.5070 - Warranties on negotiation or delivery of document of title.
Section 77.5090 - Adequate compliance with commercial contract.
Section 77.6010 - Lost, stolen or destroyed documents of title.