Effect of certificate of title or other documentation of ownership
(1) A certificate of title for a manufactured structure issued by the Department of Transportation prior to May 1, 2005, is effective as a document evidencing ownership of the manufactured structure. If the manufactured structure does not have a title pursuant to ORS 308.855 or 308.860 (1969 Replacement Part), a tax record showing that a person has paid the ad valorem tax assessment on the structure since 1972 is a document evidencing the person’s ownership of the structure.
(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 (Process for moving manufactured structure) and 446.641 (Sale of manufactured structure having ownership document or that is exempt structure). 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 (Recording manufactured structures in county deed records); 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 (Notification to department of name or address change) 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 (Perfection of security interest in manufactured structure having ownership document) (1). [2003 c.655 §§20,146(2)]
Note: See note under 446.561 (Definitions for ORS 446.566 to 446.646).
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