Recording manufactured structures in county deed records
- • effect on security interest
- • recording as establishment of real property interest
(1) The owner of a manufactured structure that qualifies under this subsection may apply to the county assessor to have the structure recorded in the deed records of the county. The application must be on a form approved by the Department of Consumer and Business Services. The application must include a description of the location of the real property on which the manufactured structure is or will be sited. If the structure is being sold by a manufactured structure dealer, the dealer may file the application on behalf of the owner within the time described in ORS 446.736 (Transfer of interest by dealer) (7). A manufactured structure qualifies for recording in the deed records if the owner of the structure:
(a) Also owns the land on which the manufactured structure is located;
(b) Is the holder of a recorded leasehold estate of 20 years or more if the lease specifically permits the manufactured structure owner to record the structure under this section; or
(c) Is a member of a manufactured dwelling park nonprofit cooperative formed under ORS 62.800 (Short title) to 62.815 (Prohibited actions) that owns the land on which the manufactured structure is located.
(2) If the assessor, as agent for the department, determines that the manufactured structure qualifies for recording in the deed records of the county, the assessor shall cause the structure to be recorded in the deed records. The deed records must contain any unreleased security interest in the manufactured structure. If the department has issued an ownership document for the manufactured structure, the owner must submit the ownership document to the assessor with the application described in subsection (1) of this section. Upon recording the manufactured structure in the deed records, the assessor shall send the ownership document to the department for cancellation. The department shall cancel the ownership document and send confirmation of the cancellation to the assessor and the owner.
(3) The recording of a security interest in the deed records of the county under this section satisfies the requirements for filing a financing statement for a fixture to real property under ORS 79.0502 (UCC 9-502. Contents of financing statement). The recording of a manufactured structure in the deed records of the county is independent of the assessment and taxation of the structure as real property under ORS 308.875 (Manufactured structures classified as real or personal property). The recording of a manufactured structure in the deed records of the county makes the structure subject to the same provisions of law applicable to any other building, housing or structure on the land. However, the manufactured structure may not be sold separately from the land or leasehold estate unless the owner complies with subsection (4) of this section.
(4) The owner of a manufactured structure that is recorded in the deed records of the county may apply to have the structure removed from the deed records and an ownership document issued for the structure. Unless the manufactured structure is subject to ORS 446.631 (Process for moving manufactured structure), the owner must apply to the county assessor, as agent for the department, for an ownership document as provided in ORS 446.571 (Ownership document application). Upon approval of the application, the assessor shall terminate the recording of the manufactured structure in the deed records.
(5) If a manufactured structure described in subsection (1)(b) or (c) of this section is recorded in the deed records, the owner of the structure has a real property interest in the manufactured structure for purposes of:
(a) Recordation of documents pursuant to ORS 93.600 (Description of real property for purposes of recordation) to 93.802 (Recordation of short form instrument), 93.804 (Requirement for original signatures for recording), 93.806 (Recordation of instrument creating certain liens) and 93.808 (Approval of governmental unit required to record certain instruments);
(c) Mortgages, trust deeds and other liens pursuant to ORS chapters 86, 87 and 88; and
(d) Real property tax collection pursuant to ORS chapters 311 and 312. The structure owner is considered the owner of the real property for purposes of assessing the structure under ORS 308.875 (Manufactured structures classified as real or personal property). [2003 c.655 §21; 2005 c.4 §1; 2005 c.22 §320; 2009 c.609 §9; 2015 c.27 §48]
Note: See note under 446.561 (Definitions for ORS 446.566 to 446.646).
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