Oregon Statutes 90.850 – Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit
(1) A facility owner may present for recordation, in the County Clerk Lien Record of the county in which the facility is located, an affidavit in which the owner certifies that:
Terms Used In Oregon Statutes 90.850
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney: includes an associate member of the Oregon State Bar practicing law within the member's approved scope of practice. See Oregon Statutes 90.100
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
(a) The owner has complied with the requirements of ORS § 90.842, 90.844 and 90.846 with reference to an offer by the owner for the sale or transfer of the facility.
(b) The owner has complied with the requirements of ORS § 90.842, 90.844 and 90.846 with reference to an offer received by the owner for the purchase or transfer of the facility or to a counteroffer the owner has made or intends to make.
(c) The owner has not entered into a contract for the sale or transfer of the facility to an entity formed by or associated with the tenants.
(d) ORS § 90.842, 90.844 and 90.846 do not apply to a particular sale or transfer of the facility pursuant to ORS § 90.848.
(2) The following parties have an absolute right to rely on the truth and accuracy of all statements appearing in the affidavit and are not obligated to inquire further as to any matter or fact relating to the owner’s compliance with ORS § 90.842, 90.844 and 90.846:
(a) A party that acquires an interest in a facility.
(b) A title insurance company, or an attorney, that prepares, furnishes or examines evidence of title.
(3) The purpose and intention of this section is to preserve the marketability of title to facilities. Accordingly, the provisions of this section must be liberally construed in order that all persons may rely on the record title to facilities. [2014 c.89 § 5; 2019 c.625 § 31]
(Dealer Sales of Manufactured Dwellings)