ORS 93.268: Notice to state agency of transfer or encumbrance of real property by title insurance company.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) As used in this section, “encumbrance” has the meaning given that term in ORS 411.692. (2) A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance pursuant to ORS 411.694 in the deed and mortgage records when performing a title search on real property shall: (a) Provide the state agency that filed the request with a notice of transfer or encumbrance of the real property within 30 days of a transfer or encumbrance that results in the issuance of a certificate of title insurance; and (b) Disclose the presence of the request for notice of transfer or encumbrance in any report preliminary to, or any commitment to offer, a certificate of title insurance for the real property. (3) If the Department of Human Services or the Oregon Health Authority has caused to be recorded a termination of request for notice of transfer or encumbrance in the deed and mortgage records, a title insurance company or agent is no longer required to provide the notice of transfer or encumbrance required by subsection (2)(a) of this section for the affected real property. (4) A title insurance company or agent shall use the form adopted under ORS 411.694 or a form substantially similar to that form when providing the notice required by subsection (2)(a) of this section. [2003 c.638 §3; 2011 c.720 §54]
Official history and status
History: Note: 93.268 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Administrative rules citing this section
- OAR 461-135-0834: Delivery of Required Notices to the Estate Administration Unit — implements
- OAR 461-135-0847: Forms; Request for Notice of Transfer or Encumbrance; Termination of Request for Notice of Transfer or Encumbrance; Notice of Transfer or Encumbrance — implements
- OAR 461-135-0847: Forms; Request for Notice of Transfer or Encumbrance; Termination of Request for Notice of Transfer or Encumbrance; Notice of Transfer or Encumbrance — authority
This rule cites
- ORS 411.692 — resolved
- ORS 411.694 — resolved
Cited by
- ORS 411.692: Definition for ORS 93.268 and 411.694.
- ORS 411.694: Request for notice of transfer or encumbrance of real property held by recipient of public assistance or medical assistance; rules.
- OAR 461-135-0832: Estate Administration; Definitions
- OAR 461-135-0834: Delivery of Required Notices to the Estate Administration Unit
- OAR 461-135-0847: Forms; Request for Notice of Transfer or Encumbrance; Termination of Request for Notice of Transfer or Encumbrance; Notice of Transfer or Encumbrance
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors093.html