72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 501
House Bill 2156
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes Department of Human Services to present for
recordation request for notice of transaction in deed and
mortgage records of county in which public assistance recipient
holds interest in real property. Requires title insurance company
to provide notice of transaction to department when instrument
affecting interest in real property is recorded.
A BILL FOR AN ACT
Relating to public assistance; creating new provisions; and
amending ORS 205.246.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) When an individual receives public
assistance as defined in ORS 411.010 and the individual holds
legal title to, an assignment of or a lien on, encumbrance of or
other interest in real property, the Department of Human Services
may present to the county clerk for recordation in the deed and
mortgage records of a county a request for notice of transaction
for each piece of real property in which the individual has an
interest.
(2) A title insurance company shall provide the department with
a notice of transaction as required by section 2 of this 2003
Act.
(3) If the department has caused a request for notice of
transaction to be recorded in the deed and mortgage records, the
department shall present to the county clerk for recordation a
termination of request for notice of transaction when, in the
judgment of the department, it is no longer necessary or
appropriate for the department to monitor transactions related to
the real property.
(4) The department shall adopt by rule a form of the request
for notice of transaction, the notice of transaction and the
termination of request for notice of transaction that, at a
minimum:
(a) Contains the name of the public assistance recipient or
other appropriate information that links the holder of legal
title to, assignment of or a lien on, encumbrance of or other
interest in the real property to the holder's public assistance
records;
(b) Contains the legal description of the real property;
(c) Contains a mailing address for the department to receive
the notice of transaction; and
(d) Complies with the requirements for recordation in ORS
205.232 and 205.234 for those forms intended to be recorded.
(5) The department shall pay the recordation fee required by
the county clerk under ORS 205.320.
(6) The request for notice of transaction described in this
section does not affect legal title to real property and is not a
lien on, encumbrance of or other interest in the real
property. + }
SECTION 2. { + (1) If a title insurance company discovers the
presence of a request for notice of transaction pursuant to
section 1 of this 2003 Act in the deed and mortgage records when
performing a title search, the title insurance company shall:
(a) Provide a notice of transaction to the Department of Human
Services when issuing a certificate of title insurance as part of
a transaction that affects legal title to, assignment of or a
lien on, encumbrance of or other interest in the real property;
and
(b) Disclose the presence of the request for notice of
transaction in the abstract of title or the title report.
(2) If the Department of Human Services has caused to be
recorded a termination of request for notice of transaction in
the deed and mortgage records, a title insurance company is no
longer required to provide the notice of transaction required by
subsection (1)(a) of this section for the affected real
property. + }
SECTION 3. ORS 205.246 is amended to read:
205.246. (1) The county clerk shall record the following
instruments required or permitted by law to be recorded and
entered in the office of the county clerk:
(a) Financing statements recorded in the office of the county
clerk under ORS 79.0501 (1)(a);
(b) Hospital and physician liens recorded under ORS 87.565;
(c) Federal tax liens and certificates and notices affecting
federal tax liens recorded under ORS 87.806;
(d) Cooperative contracts recorded under ORS 62.360;
(e) Special district assessments attaching to real property;
(f) Lien foreclosure statements recorded under ORS 87.202;
(g) A certified copy of the judgment or a lien record abstract
or other liens affecting the title to real property;
(h) Building code exemptions required under ORS 455.320 and
455.345;
(i) Construction liens recorded under ORS 87.050;
(j) Liens upon chattels recorded under ORS 87.246;
(k) Liens on real property recorded under ORS 87.372;
(L) Employee benefit plan liens recorded under ORS 87.860;
(m) Attorney liens recorded under ORS 87.455 and 87.460;
(n) Long term care liens recorded under ORS 87.517;
(o) Ambulance services liens recorded under ORS 87.623;
(p) Community property records recorded under ORS 108.530;
(q) Sheriff transfer of records recorded under ORS 206.100;
(r) Corrected instruments required under ORS 205.244;
(s) Mineral and mining records required under ORS 517.030,
517.052, 517.160, 517.180, 517.210, 517.220, 517.280, 517.310 and
517.320;
(t) Copies of records certified by a county clerk or court
clerk;
(u) Subdivision and partition plats recorded under ORS 92.140;
{ - and - }
(v) Condominiums recorded under ORS chapter 100 { + ; and
(w) Requests for notice of transaction or terminations of
requests for notice of transaction presented for recordation
under section 1 of this 2003 Act + }.
(2) The county clerk shall charge and collect fees specified in
ORS 205.320, 205.327 and 205.350 for recording any instrument
required to be recorded under subsection (1) of this section.
(3) Indexes may be maintained for instruments recorded under
subsection (1) of this section in the same manner as provided in
ORS 205.160.
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