2013 ORS § 411.694¹
Request for notice of transfer or encumbrance of real property held by recipient of public assistance or medical assistance
  • rules

(1) When an individual receives public assistance as defined in ORS 411.010 (Definitions) or medical assistance as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) and the individual is the holder of record title to real property or the purchaser under a land sale contract, the Department of Human Services or the Oregon Health Authority may present to the county clerk for recordation in the deed and mortgage records of a county a request for notice of transfer or encumbrance of the real property.

(2) A title insurance company or agent shall provide the state agency that filed the request with a notice of transfer or encumbrance as required by ORS 93.268 (Notice to state agency of transfer or encumbrance of real property by title insurance company).

(3) If the department or the authority has filed a request for notice of transfer or encumbrance for recording in the deed and mortgage records, the department or the authority shall file with the county clerk a termination of request for notice of transfer or encumbrance when it is no longer necessary or appropriate to monitor transfers or encumbrances related to the real property.

(4) The department shall adopt by rule a form of the request for notice of transfer or encumbrance, the notice of transfer or encumbrance and the termination of request for notice of transfer or encumbrance that, at a minimum:

(a) Contains the name of the public assistance or medical assistance recipient, a case identifier or other appropriate information that links the individual who is the holder of record title to real property or the purchaser under a land sale contract to the individuals public assistance or medical assistance records;

(b) Contains the legal description of the real property;

(c) Contains a mailing address for the department or the authority to receive the notice of transfer or encumbrance; and

(d) Complies with the requirements for recordation in ORS 205.232 (Conditions for instruments to be recorded) and 205.234 (Requirements for first page of instruments to be recorded) for those forms intended to be recorded.

(5) The authority shall use the forms adopted by the department under subsection (4) of this section and may designate the department to receive, on behalf of the authority, a notice of transfer or encumbrance provided in accordance with subsection (2) of this section.

(6) The department or the authority shall pay the recordation fee required by the county clerk under ORS 205.320 (Fees collected by county clerk).

(7) The request for notice of transfer or encumbrance described in this section does not affect title to real property and is not a lien on, encumbrance of or other interest in the real property. [2003 c.638 §2; 2011 c.720 §123; 2013 c.688 §58]

Note: See note under 411.692 (Definition for ORS 93.268 and 411.694).