(1) When an individual receives public assistance as defined in ORS 411.010 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 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 department with a notice of transfer or encumbrance as required by ORS 93.268.
(3) If the department has caused a request for notice of transfer or encumbrance to be recorded in the deed and mortgage records, the department shall present to the county clerk for recordation a termination of request for notice of transfer or encumbrance when, in the judgment of the department, it is no longer necessary or appropriate for the department 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 recipient, a departmental 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 records;
(b) Contains the legal description of the real property;
(c) Contains a mailing address for the department to receive the notice of transfer or encumbrance; and
(d) Complies with the requirements for recordation in ORS 205.232 and 205.234 for those forms intended to be recorded.
(5) The department shall pay the recordation fee required by the county clerk under ORS 205.320.
(6) 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]
Note: See note under 411.692.
Section: Previous 411.640 411.650 411.660 411.670 411.675 411.690 411.692 411.694 411.700 411.703 411.704 411.705 411.706 411.708 411.710 NextLast modified: August 7, 2008