2017 ORS 446.736¹
Transfer of interest by dealer
  • application information
  • notice of delay
  • penalty

(1) Except as provided in subsection (7) of this section, a manufactured structure dealer who transfers an interest in a manufactured structure shall:

(a) Submit to the Department of Consumer and Business Services an application for an ownership document on behalf of the purchaser; or

(b) If the purchase is being financed, submit sufficient information to a lender to allow the lender to make an application to the department for an ownership document.

(2) An application under subsection (1) of this section must be on a form approved by the department and include:

(a) The year, manufacturer’s name, model if available and identification number for the manufactured structure.

(b) Any existing ownership document for the structure or, if none, the manufacturer’s certificate of origin or other document evidencing ownership of the manufactured structure.

(c) The legal description or street address for the proposed situs for the manufactured structure.

(d) The identity of the owner of record for the location where the manufactured structure is being sited or, if the structure is being sited in a facility as defined in ORS 90.100 (Definitions), the name of the facility.

(e) The name and mailing address of each person acquiring an ownership interest in the manufactured structure.

(f) The name and mailing address of each person acquiring a security interest in the manufactured structure.

(g) Any other information required by the department by rule for processing an application.

(3) If a manufactured structure dealer is unable to comply with subsection (1) of this section, within 25 business days of the transfer the dealer shall provide a notice of delay to the security interest holder next named, if any, and the purchaser. The notice must contain:

(a) The reason for the delay;

(b) The anticipated extent of the delay; and

(c) A statement of the rights and remedies available to the purchaser if the delay becomes unreasonably extended.

(4) A manufactured structure dealer that fails to comply with this section is subject to revocation or suspension of the dealer’s license or being placed on probation by the Department of Consumer and Business Services pursuant to ORS 446.741 (Suspension, revocation or cancellation of license). A dealer that fails to comply with subsection (1) of this section within 90 days is subject to criminal penalties under ORS 446.746 (Manufactured structure dealer criminal offenses) (1)(h).

(5) Notwithstanding subsections (1) and (4) of this section, if a purchaser is not in compliance with the payment terms of a purchase agreement on the 20th calendar day after the transfer, the dealer is not required to perform under subsection (1) of this section until 25 calendar days after the purchaser is in compliance with the payment terms of the purchase agreement. This subsection does not excuse the duty of the dealer under subsection (3) of this section.

(6) This section does not apply to a transfer of interest in a manufactured structure that is subject to an escrow transaction.

(7) This section does not apply to a manufactured structure for which an application is filed under ORS 446.626 (Recording manufactured structures in county deed records) within 25 business days of the transfer. [2003 c.655 §39; 2007 c.502 §5]

Note: See note under 446.661 (Definitions for ORS 446.661 to 446.756).

1 Legislative Counsel Committee, CHAPTER 446—Manufactured Dwellings and Structures; Parks; Tourist Facilities; Ownership Records; Dealers and Dealerships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors446.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.