Oregon Statutes 90.848 – Exceptions to facility transfer requirements
(1) With regard to a sale or transfer of a facility, ORS § 90.842, 90.844 and 90.846 do not apply to:
Terms Used In Oregon Statutes 90.848
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Devise: To gift property by will.
- Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Intestate: Dying without leaving a will.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Oregon Statutes 90.100
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(a) Any sale or transfer to an individual who would be included within the table of descent and distribution if the owner of the facility were to die intestate.
(b) Any transfer by gift, devise or operation of law.
(c) Any sale or transfer by a corporation to an affiliate.
(d) Any sale or transfer by a partnership to any of its partners.
(e) Any sale or transfer of an interest in a limited liability company to any of the limited liability company’s members.
(f) Any conveyance of an interest in a facility incidental to the financing of the facility.
(g) Any conveyance resulting from the foreclosure of a mortgage, deed of trust or other instrument encumbering a facility or any deed given in lieu of a foreclosure.
(h) Any sale or transfer between or among joint tenants or tenants in common owning a facility.
(i) Any sale or transfer in which the facility satisfies the purchaser’s requirement to make a like-kind exchange under section 1031 of the Internal Revenue Code.
(j) Any purchase of a facility by a governmental entity under the entity’s powers of eminent domain.
(k) Any transfer to a charitable trust.
(2) As used in this section, ‘affiliate’ means any shareholder of the selling or transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the selling or transferring corporation or any other corporation or entity owned or controlled, directly or indirectly, by any shareholder of the selling or transferring corporation. [2014 c.89 § 4; 2015 c.217 § 12; 2019 c.625 § 29]