(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.
(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. [2003 c.655 §23; 2007 c.502 §4]
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.