Chapter 502
AN ACT
SB 440
Relating to documents pertaining to manufactured structure ownership;
creating new provisions; and amending ORS 446.566, 446.641 and 446.736.
Be It Enacted by the People of
the State of
SECTION 1. ORS
446.566 is amended to read:
446.566. The following
information must be recorded on [an] the
ownership document issued for a manufactured structure by the
Department of Consumer and Business Services:
(1) All ownership
interests, [in] for a
manufactured structure sold in this state.
(2) A change in [the] location, [of] for a manufactured structure
that has been sited in this state.
(3) The manufactured
structure identification number as described by department rule.
(4) The manufacturer’s
name and, if available, the model of the manufactured structure.
(5) The identifying
physical characteristics of the manufactured structure, including but not
limited to the total square footage of the living area, type of siding, type of
roof, number of bedrooms, number of bathrooms and types of heating and cooling.
(6) If the ownership
document is issued due to sale of the manufactured structure, the most recent
sales price and date of sale for the manufactured structure.
[(4)] (7) Any other information required by department rule.
SECTION 2. Section
3 of this 2007 Act is added to and made a part of ORS 446.566 to 446.646.
SECTION 3. (1)
Except as provided in this subsection, if a manufactured structure is purchased
from or otherwise acquired through a manufactured structure dealer, the dealer
shall provide the information described in ORS 446.566 (3) to (7) to the
Department of Consumer and Business Services. A manufactured structure dealer
is not required to provide the information to the department if the dealer
complies with an instruction from the purchaser to provide the information to a
lender, escrow agent, title company or other designee of the purchaser. A
lender, escrow agent, title company or other designee of the purchaser that
receives the information described in ORS 446.566 (3) to (7) from a
manufactured structure dealer shall provide the information to the department.
However, the provision of information described in ORS 446.566 (3) to (7) to
the purchaser does not excuse a manufactured structure dealer from the duty to
provide the information to the department.
(2) If the manufactured
structure is sold by or otherwise acquired through a person other than a
manufactured structure dealer, the information described in ORS 446.566 (3) to
(7) shall be provided to the department:
(a) By the seller if
title is being transferred by a sale;
(b) By the person to
whom the ownership interest is being transferred if title is being transferred
by operation of law; or
(c) By the owner if the
owner will have a recorded ownership interest in the manufactured structure
after issuance of the ownership document.
SECTION 4.
ORS 446.641 is amended to read:
446.641. (1) If a person
sells an ownership interest in a manufactured structure for which there is an
ownership document issued under ORS [466.611]
446.611 or a structure described in ORS 446.621 (1) to (6), the seller
shall give notice of the sale to the county assessor for the county in which
the structure is sited.
(2) The seller’s notice
must be on a form approved by the Department of Consumer and Business Services.
Information required by the form must include, but need not be limited to:
(a) The identities of
the seller and the purchaser;
(b) Any change in the
security interest in the structure resulting from the transaction; and
(c) For each holder of
an unreleased security interest:
(A) A signed statement
recorded on the ownership document for the manufactured structure acknowledging
that the interest holder is aware of the sale; or
(B) Documentation
satisfactory to the department showing that acknowledgment by the holder was
requested but the holder has not responded.
(3) The seller shall
submit the following with the notice:
(a) The ownership document or other document
evidencing ownership of the manufactured structure. [and]
(b) A copy of the
bill of sale.
(c) Documentation
satisfactory to the county assessor that all taxes, special assessments and
other charges placed on the tax roll that have been certified for collection
under ORS 311.105 and 311.110, all taxes in homestead deferral as described
under ORS 311.666 to 311.701 and all delinquent taxes and special assessments
for past years are paid or have been canceled.
(4) The county assessor
shall forward the information contained in the notice and the ownership
document or other document evidencing ownership to the department. The
department shall update the ownership document for the manufactured structure
or, if no ownership document exists, enter the information in the department’s
records and issue an ownership document for the structure.
(5) The department shall
deliver an ownership document updated or issued under subsection (4) of this
section to the holder of the earliest perfected unreleased security interest in
the manufactured structure or, if none, to the owner of the structure. The
department shall also send a copy of the ownership document to the county
assessor.
(6) A transfer of
ownership of a manufactured structure by operation of law is a sale of the
manufactured structure for purposes of this section.
(7) Notice given to a
county assessor under subsection (1) of this section is not an instrument of
conveyance.
(8) If a seller does not
give a notice of sale to the county assessor within 30 days after closing of
the sale of a manufactured structure, a buyer may submit a notice of sale to
the assessor if the notice is accompanied by proof of sale acceptable to the
department as provided by rule. Upon receipt of a notice of sale and acceptable
proof of sale, the assessor shall forward the information to the department as
provided in subsection (4) of this section. Submission of a notice of sale by a
buyer does not excuse a seller from civil penalty under ORS 455.895 for a
violation of subsection (1) of this section.
SECTION 5.
ORS 446.736 is amended to read:
446.736. (1) Except as
provided in subsection (7) of this section, a manufactured structure dealer who
transfers an interest in a manufactured structure shall:
(a) Submit to the
Department of Consumer and Business Services an application for an ownership
document on behalf of the purchaser; or
(b) If the purchase is
being financed, submit sufficient information to a lender to allow the lender
to make an application to the department for an ownership document.
(2) An application under
subsection (1) of this section must be on a form approved by the department and
include:
(a) The year, [make, style] manufacturer’s name,
model if available and identification number for the manufactured
structure.
(b) Any existing ownership
document for the structure or, if none, the manufacturer’s certificate of
origin or other document evidencing ownership of the manufactured structure.
(c) The legal
description or street address for the proposed situs for the manufactured
structure.
(d) The identity of the
owner of record for the location where the manufactured structure is being
sited or, if the structure is being sited in a facility as defined in ORS
90.100, the name of the facility.
(e) The name and mailing
address of each person acquiring an ownership interest in the manufactured
structure.
(f) The name and mailing
address of each person acquiring a security interest in the manufactured
structure.
(g) Any other
information required by the department by rule for processing an application.
(3) If a manufactured
structure dealer is unable to comply with subsection (1) of this section,
within 25 business days of the transfer the dealer shall provide a notice of
delay to the security interest holder next named, if any, and the purchaser.
The notice must contain:
(a) The reason for the
delay;
(b) The anticipated
extent of the delay; and
(c) A statement of the
rights and remedies available to the purchaser if the delay becomes
unreasonably extended.
(4) A manufactured
structure dealer that fails to comply with this section is subject to
revocation or suspension of the dealer’s license or being placed on probation
by the Department of Consumer and Business Services pursuant to ORS 446.741. A
dealer that fails to comply with subsection (1) of this section within 90 days
is subject to criminal penalties under ORS 446.746 (1)(h).
(5) Notwithstanding
subsections (1) and (4) of this section, if a purchaser is not in compliance
with the payment terms of a purchase agreement on the 20th calendar day after
the transfer, the dealer is not required to perform under subsection (1) of
this section until 25 calendar days after the purchaser is in compliance with
the payment terms of the purchase agreement. This subsection does not excuse
the duty of the dealer under subsection (3) of this section.
(6) This section does
not apply to a transfer of interest in a manufactured structure that is subject
to an escrow transaction.
(7) This section does
not apply to a manufactured structure for which an application is filed under
ORS 446.626 within 25 business days of the transfer.
SECTION 6. (1)
The amendments to ORS 446.566 by section 1 of this 2007 Act apply to
manufactured structure ownership documents for which an application is filed on
or after the effective date of this 2007 Act.
(2) The amendments to
ORS 446.641 by section 4 of this 2007 Act apply to sales for which the county
assessor receives a notice of sale on or after the effective date of this 2007
Act.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
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