(1) A facility owner may at any time record, in the County Clerk Lien Record of the county where a facility is situated, an affidavit in which the facility owner certifies that:
(a) With reference to an offer by the owner for the sale of the facility, the owner has complied with the provisions of ORS 90.820;
(b) With reference to an offer received by the owner for the purchase of the facility, or with reference to a counteroffer that the owner intends to make, or has made, for the sale of the facility, the owner has complied with the provisions of ORS 90.820;
(c) Notwithstanding compliance with the provisions of ORS 90.820, no contract for the sale of the facility has been executed between the owner and a facility purchase association, tenants’ association or tenants’ association supported nonprofit organization;
(d) The provisions of ORS 90.820 are inapplicable to a particular sale or transfer of the facility by the owner, and compliance with those subsections is not required; or
(e) A particular sale or transfer of the facility is exempted from the provisions of this section and ORS 90.820.
(2) Any party acquiring an interest in a facility, and any and all title insurance companies and attorneys preparing, furnishing or examining any evidence of title, have the absolute right to rely on the truth and accuracy of all statements appearing in the affidavit and are under no obligation to inquire further as to any matter or fact relating to the facility owner’s compliance with the provisions of ORS 90.820.
(3) It is the purpose and intention of this section to preserve the marketability of title to facilities, and, accordingly, the provisions of this section shall be liberally construed in order that all persons may rely on the record title to facilities. [1989 c.919 §11; 1991 c.844 §27; 1999 c.222 §2]
Section: Previous 90.770 90.771 90.775 90.800 90.810 90.815 90.820 90.830 90.840 90.860 90.865 90.870 90.875 90.900 90.905 NextLast modified: August 7, 2008