An Oregon quitclaim deed is a legal document employed to convey a property owner’s rights to another party without assuring the condition of the property title. This implies that the grantor (the individual transferring ownership) does not confirm that the property is exempt from other legal claims or burdens.
In Oregon, quitclaim deeds are often used when property is given to someone without selling it, like within families, or for title corrections. For example, a parent might use this form of deed to give their house to their child, or someone might use it to correct errors in how property lines or ownership information is recorded.
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In Oregon, a quitclaim deed is an easy way to transfer property without worrying about the title’s clarity. The Oregon Revised Statutes (ORS), Chapter 93 — Conveyancing and Recording, outlines their use rules.
As stated in ORS 93.410, the grantor must sign all quitclaim deeds executed within Oregon. These signatures must be officially acknowledged by a Supreme Court judge, circuit judge, county judge, justice of the peace, or a notary public in the state. Importantly, no seal (corporate or otherwise) is required on the deed for it to be valid.
The Oregon law, specifically ORS 205.130, mandates that the county clerk record all deeds permanently and legibly. Recording a quitclaim deed makes it a part of the public record, helping to establish the grantee’s claim to the property and potentially preventing future legal disputes over ownership.
The deeds must clearly describe the property and the parties involved, as per the quitclaim deed form suggested in ORS 93.865. The deed also must state the true consideration for the conveyance.
Notably, ORS 93.040 mandates that certain statements be included in any instrument that transfers or contracts to transfer fee title to real property. However, there are exceptions for owner’s sale agreements and earnest money receipts.
ORS 205.320 outlines the costs collected by the county clerk regarding filing fees. There is a $5 per page charge for recording any instrument, including quitclaim deeds, with a minimum requirement that ensures the county covers its administrative costs. This fee must be paid in advance.
Filling out and filing a quitclaim deed in Oregon can be straightforward if you follow the correct steps.
Obtain the Correct Form
Start by downloading our Oregon quitclaim deed form. This form is designed to comply with all state requirements and provides a structure that simplifies the process.
Complete the Form
Fill in the details required on the form, including the full names and addresses of both the grantor and the grantee. Ensure you have the legal description of the property, which can be found in previous deeds or by contacting a local assessor’s office. This description must be detailed and accurate.
Determine Consideration
Enter the amount of money, if any, being exchanged for the property. This amount must be specified in Oregon, even if the property is a gift. Write this amount in both numerical and written form to prevent any discrepancies.
Sign in the Presence of a Notary
The grantor must sign the quitclaim deed in the presence of a notary public. The notary verifies the identity of the person signing the deed. Ensure all parties involved are present during notarization to avoid any legal complications.
Record the Deed
Once the deed is signed and notarized, it must be recorded with the county clerk where the property is located. When filing, pay the necessary fees for recording the document upfront. Check with your local county clerk’s office for the exact fee and acceptable payment methods.
