ORS 446.736
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).

Source: Section 446.736 — Transfer of interest by dealer; application information; notice of delay; penalty, https://www.­oregonlegislature.­gov/bills_laws/ors/ors446.­html.

446.003
Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227
446.005
“Issuing authority” defined
446.007
Exceptions to ORS 446.003 definitions (repealed)
446.055
Four to six manufactured dwellings exempt from ORS 446.003 to 446.140
446.062
Rules regulating parks
446.066
Inspection of parks
446.072
Uniform enforcement throughout state
446.076
Consumer and Business Services Fund
446.090
Application of ORS 446.095 to 446.105
446.095
Park construction and facilities
446.100
Prohibited acts in connection with construction and use of parks
446.105
Temporary parks
446.111
Regulation of structures in parks
446.115
Sanitation of parks
446.125
Occupancy on private land
446.140
Notice of removal from park
446.155
Sanitation and safety requirements
446.160
Inspection
446.170
Insignia of compliance required
446.176
Fees
446.180
Safety standards of other states or national organization
446.185
Minimum safety standards for equipment, material and installations
446.190
Power to enjoin violations
446.198
Exemption for redevelopment in park destroyed by natural disaster
446.200
Exemption from additional regulations
446.225
Administration and enforcement of federal manufactured housing safety and construction standards
446.230
Safety and construction standards for installation, support and tiedown
446.240
Safety standards for accessory structures
446.245
Permitted uses of manufactured dwellings
446.250
Duties of director
446.252
Installation permit required
446.253
Authority of director
446.255
Revocation of agreement with local government
446.260
Notification by manufacturer of manufactured home defect
446.271
Civil penalty for violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or related rules
446.280
Duties of Residential and Manufactured Structures Board regarding manufactured housing and facilities
446.285
Advisory board training and education programs
446.310
Definitions for ORS 446.310 to 446.350
446.315
Policy
446.317
Delegation of landlord duties
446.320
Tourist facility license required
446.321
Fee for license
446.322
Issuance of license
446.323
Failure to apply for or renew license
446.324
Denial, suspension or revocation of license
446.325
Exemptions from license requirement
446.330
Rules
446.335
Inspection of parks and camps
446.340
Responsibility of owner or operator for sanitary conditions
446.345
Prohibited acts
446.347
Civil penalties
446.348
Determining amount of penalty
446.349
Civil penalty
446.350
Tourist Facility Account
446.395
License required
446.400
Procedures for licensing
446.405
Complaint procedure
446.410
Use of fees
446.416
Civil penalty for violation of ORS 446.395 to 446.420 or related rules
446.420
License required to maintain action
446.423
Use of moneys
446.425
Delegation to county to administer certain sanitation laws
446.430
Delegation to county or city to administer rules regulating parks
446.435
Nonapplication of ORS 446.003 to 446.140 and 446.310 to 446.350 to sleeping rooms or temporary camping sites
446.440
Application of condominium provisions to parks
446.561
Definitions for ORS 446.566 to 446.646
446.566
Ownership document contents
446.568
Provision of certain ownership document information to Department of Consumer and Business Services
446.571
Ownership document application
446.576
Manufactured structures not requiring ownership document or recording in county deed records
446.581
Abandoned structure ownership transfer
446.586
Definitions for ORS 446.586 to 446.606
446.591
Exception to requirement for submitting information
446.596
Notice provided by escrow agent
446.601
Treatment of application provided by escrow agent
446.606
Prohibition on providing application
446.611
Perfection of security interest in manufactured structure having ownership document
446.616
Transfer of interest in manufactured structure
446.621
Effect of certificate of title or other documentation of ownership
446.626
Recording manufactured structures in county deed records
446.631
Process for moving manufactured structure
446.636
Manufactured structure trip permits
446.641
Sale of manufactured structure having ownership document or that is exempt structure
446.646
Department of Consumer and Business Services rules
446.661
Definitions for ORS 446.661 to 446.756
446.666
Regulation of dealers, dealerships and salespersons
446.671
Acting as manufactured structure dealer without license
446.676
Exceptions to prohibition against unlicensed dealer activity
446.681
Enjoining unlicensed dealers
446.686
Notice of proceeding against alleged unlicensed dealer
446.691
Issuance of dealer license
446.696
Renewal of dealer license
446.701
Issuance of temporary manufactured structure dealer license
446.706
Limited manufactured structure dealer
446.711
Dealer education and testing
446.716
Additional places of business
446.721
License fees
446.726
Bond or letter of credit requirements
446.731
Status of licensed dealer
446.736
Transfer of interest by dealer
446.741
Suspension, revocation or cancellation of license
446.746
Manufactured structure dealer criminal offenses
446.748
Cease and desist orders
446.751
Engaging in illegal consignment practices
446.756
Violation of consigned manufactured structure transfer
446.990
Penalties
446.995
Civil penalties for violation of ORS 446.661 to 446.756 or related rules
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