ORS § 90 § 90.850
Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit.
Operative Text
(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: (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.
ORS § 90.850 establishes a mechanism by which a manufactured-housing facility owner can file a sworn affidavit in the County Clerk Lien Record certifying that the owner has met—or is exempt from—the tenant-opportunity-to-purchase requirements found in ORS 90.842, 90.844, and 90.846. Once recorded, that affidavit may be conclusively relied upon by parties who acquire an interest in the facility and by title professionals, without any obligation to investigate further. The provision is explicitly designed to protect the marketability of title to manufactured-housing facilities, and its terms are to be interpreted broadly in favor of that goal.
Plain English — not legal advice.
Under ORS § 90.850, facility owners who have satisfied—or who qualify for an exemption from—the tenant-opportunity-to-purchase process generally record a formal affidavit in the County Clerk Lien Record before or at the time of closing. Compliant operators typically ensure the affidavit accurately reflects which of the four permissible certifications applies to their transaction, whether that is full compliance with ORS 90.842, 90.844, and 90.846, the absence of a contract with a tenant-formed entity, or an applicable exemption under ORS 90.848. Recording this affidavit provides downstream protection for buyers and title professionals who rely on the public record.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.850 is relevant to tenants of manufactured-housing facilities because it governs how an owner documents compliance with the tenant-opportunity-to-purchase statutes (ORS 90.842, 90.844, and 90.846) in the public record. If a facility is sold and tenants believe the owner did not actually fulfill those underlying requirements before filing the affidavit, that concern may be relevant to any challenge of the sale process. Tenants who have questions about whether proper procedures were followed can consult a tenant-rights organization or review the County Clerk Lien Record to see what the owner certified under ORS § 90.850.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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