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ENB-18.13 - Temporary Recording Guidelines

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