TEMPORARY RECORDING GUIDELINES
Administrative Rule Adopted by Office of Neighborhood
Involvement
ARB-ENB-18.13
The City of Portland Office of Neighborhood Involvement (ONI),
Neighborhood Inspections Center records A Notice of Code Violations
and Possible Lien Against the Property for violations of the
Housing Maintenance Code, Title 29. This includes properties that have had a
nuisance abatement, a disabled vehicle removed or have current housing
violations on a subject property.
The nuisance abatement and disabled vehicle removal recordings
are satisfied when the corresponding lien has been paid in full. A Temporary
Recording is NOT available for either of these violations
types. The Housing Code Violation recording is satisfied when all the violations
have been corrected, inspected and approved by an ONI housing inspector. A
Temporary Recording IS available for this type of
recording.
The Multnomah County recording, Notice of Violation
and Possible Lien Against the Property, may appear to cloud a
title, which makes a sale or refinancing of a property difficult. It is not our
intent to prevent or hinder a sale or refinancing of any property. Because of
the cloud created by our recording, ONI has developed a system to help
facilitate the sale or refinancing of a property when it is not possible to have
all the violations corrected prior to a sale or refinancing of that property.
This is done by providing a Temporary Recording Process for Housing Code
Violations.
A Temporary Recording is a notice filed with Multnomah County
to temporary suspend for one day the original Notice of Violation and
Possible Lien Against the Property. A NOTICE OF TEMPORARY SATISFACTION OF CITY
OF PORTLAND HOUSING CODE VIOLATION AND POSSIBLE LIEN AGAINST THE
PROPERTY is recorded at Multnomah County with the following warning
note:
- This satisfaction is being recorded to accommodate the sale or refinancing
of a property. At this time, the violations listed in the violation letter
prepared by the Office of Neighborhood Involvement have NOT been corrected,
inspected or approved.
- A NOTICE OF CITY OF PORTLAND CODE VIOLATION AND POSSIBLE LIEN AGAINST THE
PROPERTY will be re-filed against the property once the pending sale or
refinancing has been completed.
This document in no way affects the liens against the property. The sole
purpose of this document is to facilitate a sale or refinancing by providing
temporary relief from the NOTICE OF CITY OF PORTLAND CODE VIOLATIONS
AND POSSIBLE LIEN AGAINST THE PROPERTY.
If it appears that the notice of CITY OF PORTLAND
CODE VIOLATION AND POSSIBLE LIEN AGAINST THE PROPERTY at Multnomah
County will prevent the sale or refinancing of a property, the title company
should contact the ONI, Neighborhood Inspections Center and request a
Temporary Recording.
STEP 1: The title company requests a copy of the Temporary
Recording Guidelines.
Call the Office of Neighborhood Involvement, Neighborhood Inspections Center,
at 503-823-7306 to request a copy of the guidelines. A copy of these guidelines
will be faxed to the title company at their request.
STEP 2: The title company returns the completed Temporary
Recording Request Form. Fax to: ONI, Attention Temporary Recordings
Fax #: 503-823-7961
This should be done as soon as possible if there is a possibility that a
Temporary Recording may be needed.
STEP 3: Once it is determined that a temporary recording is
needed, a non-refundable fee of $150 must be delivered to ONI’s
office to start the process.
Address: 1900 SW 4th Suite 40, Lower Level
STEP 4: The title company, prior to the temporary recording
being processed, must pay the revolving lien associated
with the housing case to zero or have funds held in Escrow to do so at the time
of recording. This can be accomplished by contacting the City Auditor’s Office
at (503) 823-4090 to request a "catch up" amount.
STEP 5: The title company must notify ONI’s office 48 hours
prior to recording of the warranty deed with their date of intent to record.
STEP 6: A representative from ONI and the title officer make
a combined decision on the recording dates.
If the recording date is missed the current process is stopped, another
$150 must be paid to start the process over again.
NOTE: The recording process is a consecutive 3-day process.
If these steps do not occur in order and on the dates planned, the Temporary
Recording will not be in place when the title company records. Consequently, the
lender may be in second position.
Day 1: ONI files the Temporary Recording
A copy is faxed to the title company
Day 2: Title company records
Day 3: ONI records a new Notice of City of Portland Code
Violation and Possible Lien Against the
Property.
HISTORY
Filed for inclusion in PPD September 30, 2004
