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The Oregon Administrative Rules contain OARs filed through February 15, 2017
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
BUILDING CODES DIVISION

 

DIVISION 550

MANUFACTURED STRUCTURES
OWNERSHIP DOCUMENT REQUIREMENTS

918-550-0000

Purpose and Scope

(1) OAR 918-550-0000 through 918-550-0600 establish requirements and procedures to obtain an ownership document for a manufactured structure or to obtain an ownership document for a manufactured structure that has been previously exempted pursuant to ORS 820.510 or 446.626 after May 1, 2005.

(2) These rules also describe the requirements for issuing a manufactured structure trip permit for the movement of a manufactured structure from one site to another.

(3) Nothing in these rules shall change any rights and liabilities of the various parties governed by the Uniform Commercial Code, ORS Chapter 79, and any applicable Oregon tax laws.

(4) These rules are intended to repeal all Department of Motor Vehicle rules, located in OAR chapter 735, to the extent that they apply to the titling and registration of manufactured structures and manufactured structure trip permits.

Stat. Auth.: ORS 446.571, 446.631 & 446.646
Stats. Implemented: ORS 446.566, 446.571, 446.576, 446.621, 446.631 & 446.636
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0010

Definitions

For the purposes of this division of rules, the following definitions apply, unless the context requires otherwise:

(1) “Division” means the appropriate division within the Department of Consumer and Business Services, Building Codes Division, or the county who is acting on behalf of the department.

(2) “Land leaseholder” means the holder of a recorded leasehold estate of 20 years or more, if the lease specifically permits the owner of the manufactured structure to obtain an exemption under ORS 820.510(b).

(3) “Legal description of the manufactured structure” means the model year, make, width, length and vehicle identification number (VIN).

(4) “Owner” when referring to the owner of a manufactured structure does not include a security interest holder or lessee, unless the owner of the manufactured structure is a land leaseholder.

(5) “Ownership document” means a document reflecting the status of a manufactured structure as reported to the division, with respect to ownership, relevant security interests, and other information required by ORS 446.566.

(6) “Release” means the written or electronic relinquishment, concession, or giving up of right, claim or interest in a manufactured structure.

(7) “Security interest holder” means a person who holds an interest in property that secures payment or performance of an obligation pursuant to a security agreement.

Stat. Auth.: ORS 446.646
Stats. Implemented: ORS 446.646
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; BCD 12-2008, f. 6-30-08, cert. ef. 7-1-08; BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0020

Agents of the Department

(1) No county may carry out functions under ORS 446.566 to 446.646 related to manufactured structure ownership documents and trip permits unless it has entered into and maintained participation in an agent agreement with and approved by the division.

(2) Refusal by a county to enter into or maintain participation in an agent agreement with and approved by the division is a refusal to accept all applications submitted to that county under ORS 446.571(1)(b)(C).

(3) Refusal by a county that has entered into and maintained participation in an agent agreement with and approved by the division to perform a duty under ORS 446.566 to 446.646, related to manufactured structure ownership documents and trip permits, is refusal to accept all applications submitted to that county under ORS 446.571(1)(b)(C).

Stat. Auth.: ORS 446.646
Stats. Implemented: ORS 446.646, 446.574
Hist.: BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0030

Division Approved Forms

(1) The following forms are approved by the division for use with the Manufactured Home Ownership Document Software system:

(a) Abandonment Affidavit for Manufactured Homes, form 2951;

(b) Affidavit to Establish Ownership of a Manufactured Structure, form 2947;

(c) Affidavit of Transfer of Interest by Inheritance without Probate, form 2946;

(d) Affidavit of Transfer of Interest by Probate or Small Estate, form 5177;

(e) Application to Remove Manufactured Home from County Deed Records, form 5175;

(f) Application for Recording Manufactured Home as Real Property, form 5176;

(g) County Manufactured Home Notification for New Homes, form 5159;

(h) County Manufactured Home Notification and Tax Certification Form for Used Homes, form 5158;

(i) Manufactured Home Affidavit of Repossession, form 3926;

(j) Manufactured Home Bill of Sale/Change of Ownership, form 2952;

(k) Manufactured Structure Security Interest Change, form 2948;

(L) Request for Confidential Address Protection, form 3490.

(2) No state or county office providing services under ORS 446.561 through 446.646 may require the use of any form not listed in this rule for the purposes of issuing an ownership document.

Stat. Auth.: ORS 446.646
Stats. Implemented: ORS 446.646
Hist.: BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0040

Transaction Requirements

(1) To be processed and completed, a transaction must have all required forms and attachments completed, and all fees paid in full.

(2) To provide for uniform administration and customer interaction with the Manufactured Home Ownership Document Software system, the division has developed the 2017 Manufactured Home Ownership Document Transaction Guide.

(3) Transactions covered in the 2017 Manufactured Home Ownership Document Transaction Guide shall be processed and completed if all the forms and attachments listed in the guide have been completed in full and all applicable fees have been paid in full.

Stat. Auth.: ORS 446.646
Stats. Implemented: ORS 446.646
Hist.: BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0100

Ownership Document Requirements

(1) Except as provided in ORS 446.626, all owned manufactured structures in the State of Oregon must be registered or titled with DMV, or be issued an ownership document by the division after May 1, 2005.

(2) All applications for ownership documents must be made on valid division approved forms and must be accompanied by a division approved county notification form.

(3) The county notification form submitted pursuant to (2) must be signed by an authorized representative of the appropriate county.

(4) The county notification form submitted pursuant to (2) is only valid until the expiration date indicated on the form.

Stat. Auth.: ORS 446.571, 446.621 & 446.646
Stats. Implemented: ORS 446.571 & 446.621
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05: BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0120

Sale of a Used Manufactured Structure

If a purchaser submits a division approved notice of sale under ORS 446.641(8), the purchaser must include one of the following as acceptable proof of sale:

(1) A bill of sale from the current owner of record on the division's ownership document; or

(2) A Department of Transportation certificate of title to the structure that has a release of ownership signed by the owner.

Stat. Auth.: ORS 446.641 & 446.646
Stats. Implemented: ORS 446.641
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0140

Notice of Transfer of Interest in Manufactured Structure

(1) A person who releases, terminates, assigns or otherwise transfers an interest in a manufactured structure, shall within 30 days of the transfer, submit a completed and notarized copy of the division approved form to record the release, termination, assignment or other transfer of the interest in the manufactured structure.

(2) The division approved form submitted pursuant to (1) must be accompanied by a county notification form.

(3) The county notification form submitted pursuant to (2) must be signed by an authorized representative of the appropriate county.

(4) The county notification form submitted pursuant to (2) is only valid until the expiration date indicated on the form.

(5) Signing the division approved form serves as an acknowledgment of the release of the interest by the transferor.

Stat. Auth.: ORS 446.616 & 446.646
Stats. Implemented: ORS 446.616
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0160

Recording of Manufactured Structure in County Deed Records

The owner of a manufactured structure, or a licensed manufactured structure dealer selling the structure, may file a division approved application to record the structure in county deed records, if the owner of the structure is also the owner or leaseholder of the land on which the structure is sited. To have the structure recorded in county records, the owner or dealer must submit a complete division approved form to the county assessor in the county where the structure will be located that includes but is not limited to:

(1) The name and address of each owner of the manufactured structure and each record owner of the land upon which the manufactured structure is located. If the names are not identical to the applicant, the applicant shall submit a statement explaining any discrepancy and that the applicant is in fact the same person as the structure owner; and

(2) The name and address of each lessor, mortgagee, trust deed beneficiary, or lien holder of record who holds an interest in the land and the name and address of each security interest holder or lien holder of record who holds an interest in the manufactured structure, including documentation that the security interest holder or lien holder has been notified of the intent to record the manufactured structure in the county deeds.

Stat. Auth.: ORS 446.626 & 446.646
Stats. Implemented: ORS 446.611 & 446.626
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; Suspended by BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0180

Demonstration of Ownership for Lost or Misplaced Ownership Documents

(1) If a manufactured structure to be moved or sold is not recorded in the county deed records, an ownership document has not been issued for the structure, or the owner has misplaced the certificate of title, the owner shall submit a division approved affidavit with supporting documents which may include sales contracts and security interest agreements and releases, to the division which contain:

(a) A statement that the person making the affidavit is either the sole owner of the structure, or that the person who owns the structure with other persons, including the names of all the owners of the structure;

(b) A statement naming all of the persons who have had a security interest or lien in the manufactured structure identified in the affidavit; and

(c) A statement verifying that the information in the affidavit is true and accurate.

(2) If more than one person owns the manufactured structure, each owner must verify and sign the division approved affidavit.

(3) If the information on the division approved affidavit and any attached documents is reliable, consistent and supports the claim of ownership, the division may, in its discretion, issue an ownership document.

Stat. Auth.: ORS 446.616, 446.621, 446.631 & 446.646
Stats. Implemented: ORS 446.616, 446.621 & 446.631
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; Suspended by BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0200

Abandoned Manufactured Structures

(1) If a landlord complies with the notice requirements of ORS 90.425 or 90.675 such that a manufactured structure is presumed abandoned, the landlord may apply for an ownership document by submitting a completed division approved application form and a division approved abandonment affidavit.

(2) If the holder of a possessory lien on a manufactured structure forecloses the lien, the holder may apply for an ownership document by submitting a completed division approved application form and division approved certification of the possessory lien foreclosure.

Stat. Auth.: ORS 446.581 & 446.646
Stats. Implemented: ORS 446.571 & 446.581
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

918-550-0600

Trip Permit Requirements

(1) A trip permit is required to move a manufactured structure from one location to another unless exempted under ORS 446.631 & 446.646. A person desiring a trip permit to move a manufactured structure shall submit a completed division approved form and a division approved county notification form to the division.

(2) The division approved county notification form submitted pursuant to (1) must be signed by an authorized representative of the appropriate county.

(3) The division approved county notification form submitted pursuant to (1) is only valid until the expiration date indicated on the form.

(4) The expiration date for a trip permit is either the same date as indicated on the county notification form or 30 days after issuance of the trip permit, whichever is sooner.

(5) In the case of a multiple-unit-manufactured structure, a trip permit is required for each unit. The manufactured structure trip permit fee, as provided in ORS 446.631 & 446.646 is required for each permit issued.

(6) An issued trip permit is valid for a single move from one situs to another as indicated on the permit, and only until the expiration date as determined by subsection (4).

(7) A trip permit is valid for the owner of the structure and transporter listed on the permit.

(8) A permit may not be transferred to any person or a different manufactured structure.

(9) A trip permit issued by the division is not required to move a new manufactured structure to a destination outside of Oregon. However, a trip permit is required if a manufactured structure is being moved out of state, if the structure currently has an ownership document, or is exempt under ORS 446.626.

Stat. Auth.: ORS 446.631
Stats. Implemented: ORS 446.631, 446.636 & 446.646
Hist.: BCD 10-2005, f. 4-29-05, cert. ef. 5-1-05; BCD 2-2017(Temp), f. 1-31-17, cert. ef. 2-1-17 thru 7-30-17

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use