71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2756
 
LC 2302/HB 2756-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2756
 
    By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
 
                             May 14
 
  On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions; and'.
  After line 4, insert:
  '  { +  SECTION 1. + }  { + As used in sections 1 to 5 of this
2001 Act:
  ' (1) 'Holder or other person' means the manufactured structure
owner or other person having an interest in the structure as
indicated in the records of the Department of Transportation.
  ' (2) 'Last known address' means:
  ' (a) The address of the intended recipient as set forth in a
certificate of title, financing statement or other documentation;
  ' (b) If no address for the intended recipient is shown on a
certificate, statement or other document, the address of the
intended recipient's principal place of business; or
  ' (c) If no address for the intended recipient is shown on a
certificate, statement or other document and the intended
recipient does not have a principal place of business, the
address of the residence of the intended recipient. + }
  '  { +  SECTION 2. + }  { + The requirement to surrender a
manufacturer's statement of origin or certificate of title under
ORS 820.510 (9) or to furnish a certificate of title or other
primary ownership record and any release thereon as described in
ORS 822.045 (1)(L) does not apply if all of the following
conditions are met:
  ' (1) The transaction involves the sale of a manufactured
structure or the creation or transfer of a security interest in a
manufactured structure and is processed by an escrow agent
licensed in this state.
  ' (2) Debt secured by a security interest in the manufactured
structure has been or will be paid in full by the escrow agent as
part of the agent's processing of the transaction.
  ' (3) The written request, in the form described in section 3
of this 2001 Act, from the escrow agent for documentation is made
at least 30 days prior to the application for issuance of a
replacement or original certificate of title or for changes to a
certificate of title.
  ' (4) The escrow agent mails a notice to the holder or other
person that is responsible for providing or releasing the
manufacturer's certificate of origin, certificate of title or
other primary ownership record, and to any person who has
perfected a security interest under ORS chapter 79 in the
inventory of a dealer selling the structure.
  ' (5) The escrow agent provides the Department of
Transportation with an appropriate application for title. The
application must be signed by the transferee, if any, be in a
form approved by department rule and include any information
required by the department, including but not limited to the
following information:
  ' (a) A description of the manufactured structure, including
vehicle identification number.
  ' (b) The name of the transferee, if any.
  ' (c) A recital that the escrow agent did not receive the
requested documents and did not receive a written objection from
the holder or other person. + }
  '  { +  SECTION 3. + }  { + The escrow agent shall send the
notice described in section 2 (4) of this 2001 Act by certified
mail with return receipt requested and by first class mail, both
with postage prepaid, to the last known address of the holder or
other person responsible for providing or releasing the documents
and of any person having a perfected security interest. The
notice must:
  ' (1) Contain a description of the manufactured structure,
including year of manufacture, make and the manufacturer's
vehicle identification number;
  ' (2)(a) State that the debt or other obligation owed to the
holder or other person has been paid and satisfied and specify
the date and amount of the final payment; or
  ' (b) State that at or prior to the time that the security
interest or other interest of the holder or other person in the
manufactured structure is terminated, the escrow agent will fully
pay and satisfy the debt or other obligation owed to the holder
or other person;
  ' (3) State that unless the escrow agent receives the
appropriate documents within 30 days after the notice is received
by the owner or other person responsible for providing or
releasing the documents, an application for issuance of a
replacement or original certificate of title or for changes to a
certificate of title will be made to the Department of
Transportation under this section; and
  ' (4) State that if the escrow agent receives from the holder
or other person a written objection to provision or release of
the requested documents, the escrow agent will not apply for the
issuance, replacement or changing of the certificate of title
unless the objection is withdrawn or the escrow agent receives
the documents from the holder or other person. + }
  '  { +  SECTION 4. + }  { + (1) The Department of
Transportation shall treat an application described in section 2
(5) of this 2001 Act:
  ' (a) As an application for issuance of a replacement or
original certificate of title that reflects the sale of the
manufactured structure or the creation or transfer of the
security interest, or as an application to make other changes to
a certificate of title consistent with the transaction;
  ' (b) As satisfactory proof that any previously issued
certificate of title for the manufactured structure is lost; and
  ' (c) As a release of any perfected security interest in the
manufactured structure by the holder or other person responsible
for providing the manufacturer's certificate of origin,
certificate of title or other primary ownership record, or a
release thereon.
  ' (2) Upon receipt of an application described in section 2 (5)
of this 2001 Act and the payment of appropriate fees, subject to
ORS 820.500 (10), the department may issue a replacement or
original certificate of title to the manufactured structure,
transfer title to the manufactured structure, exempt title and
registration to the manufactured structure, add or delete a
security interest or make any other changes consistent with the
transaction.
  ' (3) Issuance of a title under this section does not excuse a
violation of ORS 803.094, 803.105 or 803.106. + }
  '  { +  SECTION 5. + }  { + (1) An escrow agent may not provide
an application to the Department of Transportation under section
2 (5) of this 2001 Act if the agent has received a written
objection in response to the notice provided under section 3 of
this 2001 Act.
 
  ' (2) An escrow agent may charge the person having title to the
manufactured structure under the replacement certificate a
reasonable fee for services provided in compliance with the
provisions of sections 2 and 3 of this 2001 Act.
  ' (3) In addition to any other remedy provided by law, a person
may bring an action against an escrow agent for damages sustained
by the person due to the negligence or willful misconduct of the
escrow agent in complying with section 2 or 3 of this 2001
Act. + } ' .
  In line 5, delete '1' and insert '6'.
  On page 2, line 22, delete '820.500 (14)' and insert ' section
4 of this 2001 Act'.
  In line 25, delete '2' and insert '7'.
  In line 32, delete 'ORS 820.500 (14)' and insert 'section 2 (5)
of this 2001 Act'.
  In line 42, after the comma insert 'except as provided in
section 2 (5) of this 2001 Act,'.
  In line 44, delete 'or ORS 820.500 (14)'.
  On page 3, line 17, delete '3' and insert '8'.
  In line 20, delete '820.500 (14)' and insert 'section 4 of this
2001 Act'.
  In line 23, delete '820.500 (14)' and insert 'section 4 of this
2001 Act'.
  In line 32, delete '4' and insert '9'.
  On page 4, line 28, delete 'ORS' and insert 'section 2 (5) of
this 2001 Act.'.
  Delete line 29.
  In line 40, delete '5' and insert '10'.
  On page 5, line 39, delete 'ORS 820.500 (14)' and insert '
section 2 (5) of this 2001 Act'.
  On page 6, line 7, delete '6' and insert '11'.
  In line 10, delete 'ORS 820.500 (14)' and insert 'section 2 (5)
of this 2001 Act'.
  In line 13, delete 'ORS 820.500 (14)(c)' and insert ' section 2
(5) of this 2001 Act'.
  In line 40, delete '7' and insert '12'.
  In line 43, delete '820.500 (14)' and insert 'section 4 of this
2001 Act'.
  On page 7, line 6, delete '8' and insert '13'.
  In line 10, delete '820.500 (14)' and insert 'section 4 of this
2001 Act'.
  In line 23, delete '9' and insert '14'.
  In line 24, after '820.580' insert 'and sections 1 to 5 of this
2001 Act'.
  In line 41, after the period delete the rest of the line and
lines 42 and 43.
  On page 8, delete lines 31 through 45 and delete page 9.
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