ORS 411.694
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 individual’s 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).

Source: Section 411.694 — Request for notice of transfer or encumbrance of real property held by recipient of public assistance or medical assistance; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors411.­html.

411.010
Definitions
411.060
Rules
411.070
Statewide standards for public assistance
411.072
Public process required if waiver of federal requirement involves policy change
411.075
Family Services Review Commission
411.081
Public assistance application required
411.083
Income and resources that may be disregarded in determining eligibility for public assistance and medical assistance
411.085
Reconsideration of grants of public assistance
411.087
Statement required to obtain public assistance
411.089
Receipts for documents supplied by applicants for and recipients of public assistance or medical assistance
411.091
Time for issuance of public assistance
411.093
Treatment of public assistance applicants and recipients
411.095
Notice and hearings for public assistance and medical assistance
411.097
Content of notices of termination of public assistance
411.099
Assessment for service eligibility
411.101
Service eligibility notification procedures and standards for communications
411.103
Notice by regular or electronic mail to recipient of public assistance or medical assistance
411.116
Department contracts and intergovernmental agreements for providing social services to individuals
411.117
Requirements when victims of domestic violence apply for or receive TANF
411.119
Prohibition against denial of public assistance or medical assistance based on drug conviction
411.121
Local district pilot projects
411.122
Department to make dependent care payments directly to providers
411.128
Department’s acceptance of gifts and grants for scholarships
411.135
Department cooperation with federal government in research and training personnel
411.137
Contributions by state and counties for medical assistance demonstration projects under ORS 411.135
411.139
Grants for assisting refugees
411.141
Authorized expenditures by department for public assistance and OSIP medical assistance
411.142
Quarterly allocation of funds for each category of public assistance
411.144
Deposit of funds received for public assistance purposes
411.146
Payment of public assistance claims
411.148
Public Welfare Account
411.149
Advancements from Public Welfare Account to meet public assistance claims payable from federal funds
411.151
Department of Human Services revolving fund
411.154
Report to Legislative Assembly
411.171
Certain job referrals prohibited
411.175
Scholarships and grants for public assistance recipients
411.300
Use and custody of records
411.320
Disclosure and use of records limited to purposes connected to administration of public assistance programs
411.335
Prohibited use of lists or names
411.400
Application for medical assistance
411.402
Procedures for verifying eligibility for medical assistance
411.404
Determination of eligibility for medical assistance
411.406
Notice of change in circumstances
411.408
Hearing on eligibility for medical assistance
411.435
Enrollment of medical assistance program clients
411.439
Twelve-month continuation of medical assistance of persons with serious mental illness admitted to state hospital
411.447
Suspension of medical assistance provided to inmates
411.463
Availability of information on all licensed healing arts
411.593
Investigations
411.594
Petition for enforcement of subpoena issued under ORS 411.593
411.596
Court order to show cause issued upon filing of petition for enforcement of subpoena
411.597
Court may compel appearance of witness before petitioner
411.610
Indorsement by others of assistance checks or warrants payable to deceased recipient
411.620
Recovery of public assistance or medical assistance obtained or disposed of unlawfully
411.630
Unlawfully obtaining public assistance or medical assistance
411.632
Relief where assets transferred, removed or secreted
411.635
Recovery of improperly disbursed public assistance or medical assistance
411.640
Overpayments of public assistance or medical assistance
411.660
Modification, cancellation or suspension of public assistance
411.670
Definitions for ORS 411.640, 411.670, 411.675 and 411.690
411.675
Submitting wrongful claim for payment of public assistance or medical assistance
411.690
Liability of person wrongfully receiving payment of public assistance or medical assistance
411.692
Definition for ORS 93.268 and 411.694
411.694
Request for notice of transfer or encumbrance of real property held by recipient of public assistance or medical assistance
411.703
Issuance of warrants for overpayment of public assistance or medical assistance
411.704
Definitions for ORS 411.141, 411.706 and 411.708
411.706
Oregon Supplemental Income Program
411.708
Recovery of supplemental income program assistance from certain estates
411.710
Basis for granting general assistance
411.720
Residence required of applicants for general assistance
411.730
Application for general assistance
411.740
General assistance administration
411.750
Cooperation with federal government in providing general assistance
411.752
General assistance project established
411.753
Advisory group for general assistance project
411.760
Assistance grants are inalienable
411.790
Assistance to certain persons receiving employment income
411.795
Claim against estate of deceased recipient of general assistance
411.802
Compensation for in-home care by spouse
411.803
When spouse may be compensated for in-home care
411.806
Definitions for ORS 411.806 to 411.845
411.811
Distribution by tribal councils
411.813
Farm Direct Nutrition Programs authorized
411.816
Eligibility for and amount of assistance
411.825
Administration of Supplemental Nutrition Assistance Program
411.827
Appropriation of sums received from federal government
411.830
Payment of losses from program
411.837
Compliance with state and federal laws required
411.840
Unlawfully obtaining or disposing of supplemental nutrition assistance
411.845
Prosecution
411.855
Definitions for ORS 411.855 to 411.870
411.860
Community work and training programs authorized for general assistance applicants or recipients
411.865
Denial of general assistance to applicants or recipients for failing to participate in community work program
411.870
Approval of programs
411.875
Status of applicants, recipients, beneficiaries and trainees under community work and training program
411.877
Definitions for program
411.878
Intent
411.880
Exemptions and waivers from federal law to be obtained
411.882
Maximizing use of federal grants and apportionments
411.886
JOBS Plus Advisory Board
411.888
Vacancies on board
411.889
Contracting with private institutions
411.890
JOBS Plus Implementation Council
411.892
Employer eligibility
411.894
Oregon JOBS Individual Education Account
411.896
Annual report on program
411.900
Definitions for ORS 411.900 to 411.910
411.905
Programs for displaced homemakers
411.910
Contracts with public and private agencies to carry out programs
411.965
Policy on program accessibility
411.967
Forms and notices to be in plain language
411.969
Informational materials for applicants
411.970
When bilingual services required
411.990
Penalties
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