72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2156
 
LC 501/HB 2156-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2156
 
                    By COMMITTEE ON JUDICIARY
 
                             May 16
 
  On page 1 of the printed bill, after line 3, insert:
  '  { +  SECTION 1. + }  { + As used in sections 1 to 3 of this
2003 Act, ' encumbrance' means a voluntary instrument granting a
security interest in the affected real property to secure a
monetary obligation. + } ' .
  In line 4, delete '1.' and insert '2.'.
  In line 5, after 'individual' delete the rest of the line.
  In line 6, delete 'interest in real property' and insert ' is
the holder of record title to real property or the purchaser
under a land sale contract'.
  Delete line 8 and insert 'transfer or encumbrance of the real
property.'.
  In line 9, after 'company' insert 'or agent' and delete '
transaction' and insert 'transfer or encumbrance'.
  In line 10, delete '2' and insert '3'.
  In line 11, delete 'transaction' and insert 'transfer or
encumbrance'.
  In line 13, delete 'transaction' and insert 'transfer or
encumbrance'.
  In line 14, delete 'transactions' and insert 'transfers or
encumbrances'.
  In line 16, delete 'transaction' and insert 'transfer or
encumbrance'.
  In line 17, delete 'transaction' and insert 'transfer or
encumbrance' in both places.
  In line 19, after 'recipient' insert ', a departmental case
identifier'.
  In line 20, after 'the' delete the rest of the line and line 21
and insert 'individual who is the holder of record title to real
property or the purchaser under a land sale contract to the
individual's public assistance records;'.
  In line 23, delete 'transaction' and insert 'transfer or
encumbrance'.
  In line 29, delete 'transaction' and insert 'transfer or
encumbrance' and delete 'legal'.
  On page 2, delete lines 2 through 13 and insert:
  '  { +  SECTION 3. + }  { + (1) A title insurance company or
agent that discovers the presence of a request for notice of
transfer or encumbrance pursuant to section 2 of this 2003 Act in
the deed and mortgage records when performing a title search on
real property shall: + }
  '  { +  (a) Provide the Department of Human Services with a
notice of transfer or encumbrance of the real property within 30
days of a transfer or encumbrance that results in the issuance of
a certificate of title insurance; and + }
  '  { +  (b) Disclose the presence of the request for notice of
transfer or encumbrance in any report preliminary to, or any
commitment to offer, a certificate of title insurance for the
real property. + }
 
  '  { +  (2) If the Department of Human Services has caused to
be recorded a termination of request for notice of transfer or
encumbrance in the deed and mortgage records, a title insurance
company or agent is no longer required to provide the notice of
transfer or encumbrance required by subsection (1)(a) of this
section for the affected real property. + }
  '  { +  (3) The Department of Human Services shall adopt by
rule a model form for notice of transfer or encumbrance required
by subsection (1)(a) of this section. A title insurance company
or agent shall use the model form or a form substantially similar
to the model form when notifying the department under subsection
(1)(a) of this section. + } ' .
  In line 14, delete '3' and insert '4'.
  In line 42, delete 'transaction' and insert 'transfer or
encumbrance' and delete 'trans-'.
  In line 43, delete 'action' and insert 'transfer or
encumbrance' and delete '1' and insert '2'.
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