(2) The owner of a manufactured structure described in subsection (1) of this section is not required to obtain an ownership document for the structure unless the structure is moved or sold. Except as provided in subsections (3) and (5) of this section, upon the moving or sale of a manufactured structure described in subsection (1) of this section, the owner shall submit the document evidencing ownership of the structure to the Department of Consumer and Business Services as provided in ORS 446.631 and 446.641. Upon receipt of the document, the department shall enter the information regarding the manufactured structure in the department’s records and issue an ownership document for the structure.
(3) If the owner of a manufactured structure has misplaced a certificate of title, the Department of Consumer and Business Services may require the person to provide proof sufficient to satisfy the department concerning any questions about the ownership of the manufactured structure or security interests in the structure. The proof required by the department may include, but is not limited to, completion of an affidavit that:
(a) Is in a form required by the department by rule;
(b) Contains any information the department requires by rule as necessary to establish ownership of the manufactured structure or to determine any security interests in the structure; and
(c) Is verified by the person making the affidavit.
(4) The Department of Consumer and Business Services is not liable to any person for issuing an ownership document based on proof provided under subsection (3) of this section.
(5) The movement or sale of a manufactured structure described in subsection (1) of this section does not require the owner to obtain an ownership document if:
(a) The move or sale will qualify the manufactured structure for recording in the deed records of a county under ORS 446.626; and
(b) The person who will own the structure after the move or sale files an affidavit with the Department of Consumer and Business Services prior to the move or sale stating that the person will apply within 25 business days after completion of the move or sale to have the manufactured structure recorded in the county deed records.
(6) ORS 803.220 does not apply to a certificate of title for a manufactured structure issued by the Department of Transportation.
(7) If the Department of Consumer and Business Services issues an ownership document for a manufactured structure that was previously issued a certificate of title by the Department of Transportation, the Department of Consumer and Business Services shall record in the department’s records and note on the ownership document any unreleased secured interest that was noted on the certificate of title. A secured interest described in this subsection retains the original perfection date of the interest, but provides the same creditor rights and remedies available for a secured interest in personal property perfected under ORS 446.611 (1). [2003 c.655 §§20,146(2)]
Note: See note under 446.561.
Structure 2021 Oregon Revised Statutes
Section 446.007 - Exceptions to ORS 446.003 definitions.
Section 446.095 - Park construction and facilities.
Section 446.105 - Temporary parks.
Section 446.115 - Sanitation of parks; pets to be controlled.
Section 446.125 - Occupancy on private land.
Section 446.155 - Sanitation and safety requirements; exceptions.
Section 446.160 - Inspection; rules; federal standards.
Section 446.170 - Insignia of compliance required; when displayed.
Section 446.176 - Fees; rules.
Section 446.180 - Safety standards of other states or national organization; rules.
Section 446.185 - Minimum safety standards for equipment, material and installations; rules.
Section 446.198 - Exemption for redevelopment in park destroyed by natural disaster.
Section 446.245 - Permitted uses of manufactured dwellings.
Section 446.253 - Authority of director; authority of local governments.
Section 446.255 - Revocation of agreement with local government.
Section 446.310 - Definitions for ORS 446.310 to 446.350.
Section 446.317 - Delegation of landlord duties; rules.
Section 446.320 - Tourist facility license required.
Section 446.321 - Fee for license; rules.
Section 446.323 - Failure to apply for or renew license; transferability of license; refunds.
Section 446.324 - Denial, suspension or revocation of license; civil penalty; hearing.
Section 446.325 - Exemptions from license requirement.
Section 446.340 - Responsibility of owner or operator for sanitary conditions.
Section 446.345 - Prohibited acts.
Section 446.347 - Civil penalties; notice.
Section 446.348 - Determining amount of penalty; rules; schedule; factors.
Section 446.349 - Civil penalty.
Section 446.395 - License required; issuance; employment of nonlicensed installer prohibited.
Section 446.400 - Procedures for licensing; fees.
Section 446.420 - License required to maintain action.
Section 446.423 - Use of moneys.
Section 446.425 - Delegation to county to administer certain sanitation laws; fees.
Section 446.430 - Delegation to county or city to administer rules regulating parks; fees.
Section 446.440 - Application of condominium provisions to parks.
Section 446.561 - Definitions for ORS 446.566 to 446.646.
Section 446.566 - Ownership document contents.
Section 446.571 - Ownership document application; records; notice of security interest.
Section 446.581 - Abandoned structure ownership transfer; rules.
Section 446.586 - Definitions for ORS 446.586 to 446.606.
Section 446.591 - Exception to requirement for submitting information; application by escrow agent.
Section 446.596 - Notice provided by escrow agent; contents.
Section 446.601 - Treatment of application provided by escrow agent.
Section 446.606 - Prohibition on providing application; escrow agent fees; action for damages.
Section 446.616 - Transfer of interest in manufactured structure.
Section 446.621 - Effect of certificate of title or other documentation of ownership.
Section 446.631 - Process for moving manufactured structure; fees.
Section 446.636 - Manufactured structure trip permits.
Section 446.661 - Definitions for ORS 446.661 to 446.756.
Section 446.666 - Regulation of dealers, dealerships and salespersons; inspection of records; rules.
Section 446.671 - Acting as manufactured structure dealer without license; penalty.
Section 446.676 - Exceptions to prohibition against unlicensed dealer activity.
Section 446.681 - Enjoining unlicensed dealers.
Section 446.686 - Notice of proceeding against alleged unlicensed dealer.
Section 446.691 - Issuance of dealer license.
Section 446.696 - Renewal of dealer license.
Section 446.701 - Issuance of temporary manufactured structure dealer license.
Section 446.706 - Limited manufactured structure dealer; licensing.
Section 446.711 - Dealer education and testing; rules.
Section 446.716 - Additional places of business; supplemental licenses.
Section 446.721 - License fees; use of moneys.
Section 446.726 - Bond or letter of credit requirements; action against dealer and surety or issuer.
Section 446.731 - Status of licensed dealer.
Section 446.736 - Transfer of interest by dealer; application information; notice of delay; penalty.
Section 446.746 - Manufactured structure dealer criminal offenses; penalties.
Section 446.748 - Cease and desist orders; investigative authority of director.
Section 446.751 - Engaging in illegal consignment practices; penalty.
Section 446.756 - Violation of consigned manufactured structure transfer; penalty.
Section 446.995 - Civil penalties for violation of ORS 446.661 to 446.756 or related rules.