Chapter 93 — Conveyancing
and Recording
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were added by
legislative action to this ORS chapter or to a series within this ORS chapter
by the Legislative Assembly during its 2012 regular session. See sections in the
following 2012 Oregon Laws chapters: 2012
Session Laws 0006
2011 EDITION
CONVEYANCING AND RECORDING
PROPERTY RIGHTS AND TRANSACTIONS
GENERAL REQUIREMENTS FOR DISPOSITION OF
REALTY
93.010 Conveyances,
how made
93.020 Creating,
transferring or declaring estates or interests in realty
93.030 Contracts
to convey, instruments of conveyance and related memoranda to state
consideration
93.040 Mandatory
statements for sales agreements, earnest money receipts or other instruments
for conveyance of fee title to real property; liability of drafter and recorder
93.050 Gift
or conveyance of life estate
SPECIAL MATTERS IN PARTICULAR
CONVEYANCES
93.110 Quitclaim
deed sufficient to pass estate
93.120 Words
of inheritance unnecessary to convey fee; conveyances deemed to convey all
grantor’s estate
93.130 Conveyance
of land in adverse possession of another
93.140 Implied
covenants
93.150 Conveyance
by tenant of greater estate than that possessed
93.160 Conveyance
by reversioners and remainderpersons to life tenant vests fee
93.180 Forms
of tenancy in conveyance or devise to two or more persons
93.190 Trustees
or personal representatives as joint tenants; filling vacancies in office
93.200 Trustees
or executors now hold as joint tenants
93.210 Presumption
respecting deed from trustee of undisclosed beneficiary
93.220 Release,
limitation or restriction of power of appointment
93.230 Copy
of Department of State Lands deed or patent given when original lost
93.240 Rights
to deferred installments of purchase price where two or more persons join as
sellers of real property
93.250 Effect
of conveyance creating fee simple conditional or fee tail
93.260 Tax
statement information required in conveyancing instrument
93.265 Notice
to real property manager of certain actions; procedures; effect on title
93.268 Notice
to state agency of transfer or encumbrance of real property by title insurance
company
93.269 Declaration
or covenant related to future fees, commissions or payments to declarant;
recording; exceptions
93.270 Certain
discriminatory restrictions in conveyancing instruments prohibited; restriction
on right of action
93.272 Procedure
for removal of certain discriminatory restrictions
93.275 Incidents
not material facts to real property transaction; legislative findings
93.280 Manner
of conveyance to create joint property rights
UNIFORM VENDOR AND PURCHASER RISK ACT
93.290 Risk
of loss after contract to sell realty has been executed
93.295 Construction
of ORS 93.290 to 93.300
93.300 Short
title
DESCRIPTIONS, INCLUDING THE OREGON
COORDINATE SYSTEM
93.310 Rules
for construing description of real property
93.312 Oregon
Coordinate System
EXECUTION, ACKNOWLEDGMENT AND PROOF OF
INSTRUMENTS
93.410 Execution
and acknowledgment of deeds
93.420 Execution
of deed where personal representative, guardian or conservator is unable or
refuses to act
93.440 Proof
of execution by subscribing witness
93.450 Proof
where witnesses are dead or absent
93.460 Subpoena
to compel witness to testify to execution of deed
93.470 Indorsement
of certificate of proof
93.480 Deed
acknowledged or proved as evidence; recordability
93.530 Execution,
acknowledgment and recordation of assignments of sheriffs’ certificates of sale
RECORDATION AND ITS EFFECTS
93.600 Description
of real property for purposes of recordation
93.610 Separate
books for recording deeds and mortgages; consolidated index
93.620 Time
and place of recording; certification
93.630 Index
to record of deeds, mortgages and other real property interests
93.635 Acknowledgment
and recording of instruments contracting to convey fee title
93.640 Unrecorded
instrument affecting title or unrecorded assignment of sheriff’s certificate of
sale void as to subsequent purchaser
93.643 Method
of giving constructive notice of interest in real property; electronic lien
records
93.645 Priority
of purchaser; extinguishing judgment lien; right of judgment creditor; “judgment”
defined
93.650 Effect
of record or certified transcript in evidence
93.660 Effect
of abstract of title as evidence
93.670 Power
of attorney and executory contract for sale or purchase of lands;
recordability; effect as evidence; revocation
93.680 Patents,
judgments and official grants; recordability; evidence
93.690 Recording
of instruments evidencing passage of title to land from United States to State
of Oregon
93.710 Instruments
or memoranda creating certain interests in realty; contents; reforestation
order; effect of recording
93.730 Recordation
of judgment in other counties
93.740 Notice
of lis pendens; contents; recordation; effect; discharge
93.760 Recordability
of documents, orders and decrees of the United States District Court
93.770 Recordability
of notices of bankruptcy and petitions, orders and judgments from bankruptcy
cases
93.780 Place
of recording of instrument containing clauses of a mortgage or trust deed;
county clerk to do recording; “Master Form”
93.790 Effect
of recording master form instrument; effect of incorporation by reference in
mortgage or trust deed; effect of deviation
93.800 Matter
not to be recorded when accompanying mortgage or trust deed; liability for
nonrecording
93.802 Recording
of short form mortgage or short form trust deed
93.804 Requirement
for original signatures for recording; recordation of certified copies;
recordation of electronic image of instrument
93.806 Recordation
of instrument creating certain liens
93.808 Approval
of governmental unit required to record certain instruments
VALIDATING AND CURATIVE ACTS
93.810 Validating
and curative Acts
DEED FORMS
93.850 Warranty
deed form; effect
93.855 Special
warranty deed form; effect
93.860 Bargain
and sale deed form; effect
93.865 Quitclaim
deed form; effect
93.870 Statutory
deed forms optional
FORFEITURE UNDER LAND SALES CONTRACT
93.905 Definitions
for ORS 93.905 to 93.940
93.910 Enforcement
of forfeiture remedy after notice of default
93.913 Forfeiture
allowed for default under certain collateral assignments of interest
93.915 Notice
of default; contents; recordation; time of forfeiture; interim measures
93.918 Continuation
of proceedings after certain types of stay ordered by court; procedures
93.920 Curing
default to avoid forfeiture; payment of costs and expenses
93.925 Failure
to cure default; exclusiveness of notice
93.930 Recording
affidavit after forfeiture; affidavit as evidence
93.935 Effect
of purchaser’s abandonment or reconveyance on interest, lien or claim
93.940 Effect
of seller’s foreclosure or other action on interest, lien or claim
93.945 Application
of ORS 93.910 to 93.940
UNIFORM REAL PROPERTY TRANSFER ON DEATH
ACT
93.948 URPTDA
1. Short title
93.949 URPTDA
2. Definitions
93.950 URPTDA
3. Applicability
93.951 URPTDA
4. Nonexclusivity
93.953 URPTDA
5. Authority for transfer on death deed
93.955 URPTDA
6. Revocability of transfer on death deed
93.957 URPTDA
7. Nontestamentary nature of transfer on death deed
93.959 URPTDA
8. Capacity of transferor; fraud, duress or undue influence
93.961 URPTDA
9. Requirements
93.963 URPTDA
10. Notice; delivery; acceptance; consideration
93.965 URPTDA
11. Revocation by instrument; revocation by act
93.967 URPTDA
12. Effect of transfer on death deed during transferor’s life
93.969 URPTDA
13. Effect of transfer on death deed at transferor’s death
93.971 URPTDA
14. Disclaimer
93.973 URPTDA
15. Liability for creditor claims and statutory allowances
93.975 URPTDA
16. Form of transfer on death deed
93.977 URPTDA
17. Form of instrument revoking transfer on death deed
93.979 Relation
to Electronic Signatures in Global and National Commerce Act
93.981 Effect
of divorce or annulment on transfer on death deed
93.983 Transfer
to parent who deserted or neglected transferor
93.985 Forfeiture
of transfer by parent who deserted or neglected transferor
PENALTIES
93.990 Penalties
GENERAL REQUIREMENTS FOR DISPOSITION OF
REALTY
93.010 Conveyances, how made.
Conveyances of lands, or of any estate or interest therein, may be made by
deed, signed by the person of lawful age from whom the estate or interest is
intended to pass, or by the lawful agent or attorney of the person, and
acknowledged or proved, and recorded without any other act or ceremony. No seal
of the grantor, corporate or otherwise, shall be required on the deed. [Amended
by 1965 c.502 §4]
93.020 Creating, transferring or declaring
estates or interests in realty. (1) No estate
or interest in real property, other than a lease for term not exceeding one
year, nor any trust or power concerning such property, can be created,
transferred or declared otherwise than by operation of law or by a conveyance
or other instrument in writing, subscribed by the party creating, transferring
or declaring it, or by the lawful agent of the party under written authority,
and executed with such formalities as are required by law.
(2)
This section does not affect the power of a testator in the disposition of real
property by a last will and testament, nor to prevent a trust from arising or
being extinguished by implication or operation of law, nor to affect the power
of a court to compel the specific performance of an agreement in relation to
such property.
93.030 Contracts to convey, instruments of
conveyance and related memoranda to state consideration.
(1) As used in this section, “consideration” includes the amount of cash and
the amount of any lien, mortgage, contract, indebtedness or other encumbrance
existing against the property to which the property remains subject or which
the purchaser agrees to pay or assume.
(2)
All instruments conveying or contracting to convey fee title to any real
estate, and all memoranda of such instruments, shall state on the face of the
instruments the true and actual consideration paid for the transfer, stated in
terms of dollars. However, if the actual consideration consists of or includes
other property or other value given or promised, neither the monetary value nor
a description of the other property or value need be stated so long as it is
noted on the face of the instrument that other property or value was either
part or the whole consideration.
(3)
The statement of consideration as required by subsection (2) of this section
shall be made by a grantor or a grantee. Failure to make such statement does
not invalidate the conveyance.
(4)
If the statement of consideration is in the body of the instrument preceding
the signatures, execution of the instrument shall constitute a certification of
the truth of the statement. If there is a separate statement of consideration
on the face of the instrument, it shall be signed separately from the
instrument, and such execution shall constitute a certification of the truth of
the statement by the person signing. A particular form is not required for the
statement so long as the requirements of this section are reasonably met.
(5)
An instrument conveying or contracting to convey fee title to any real estate
or a memorandum of the instrument may not be accepted for recording by any
county clerk or recording officer in this state unless the statement of
consideration required by this section is included on the face of the
instrument.
(6)
A transfer of death deed and an instrument revoking a transfer of death deed
are not instruments subject to this section. [1967 c.462 §§1,3; 1967 s.s. c.7 §1;
1977 c.605 §1; 1999 c.654 §7; 2011 c.212 §23]
93.040 Mandatory statements for sales
agreements, earnest money receipts or other instruments for conveyance of fee
title to real property; liability of drafter and recorder.
(1) The following statement shall be included in the body of an instrument
transferring or contracting to transfer fee title to real property except for
owner’s sale agreements or earnest money receipts, or both, as provided in
subsection (2) of this section: ”BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,
THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS
2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES
NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF
LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN
ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS
DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY
OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS
5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.”
(2)
In all owner’s sale agreements and earnest money receipts, there shall be
included in the body of the instrument the following statement: ”THE PROPERTY
DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT
PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS
THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A
RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS
DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S
RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS
5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT
TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT
OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF
THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES
AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER
ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,
OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND
SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.”
(3)
In all owners’ sale agreements and earnest money receipts subject to ORS
358.505, there shall be included in the body of the instrument or by addendum
the following statement: ”THE PROPERTY DESCRIBED IN THIS INSTRUMENT IS SUBJECT
TO SPECIAL ASSESSMENT UNDER ORS 358.505.”
(4)
An action may not be maintained against the county recording officer for
recording an instrument that does not contain the statement required in
subsection (1) or (2) of this section.
(5)
An action may not be maintained against any person for failure to include in
the instrument the statement required in subsection (1) or (2) of this section,
or for recording an instrument that does not contain the statement required in
subsection (1) or (2) of this section, unless the person acquiring or agreeing
to acquire fee title to the real property would not have executed or accepted
the instrument but for the absence in the instrument of the statement required
by subsection (1) or (2) of this section. An action may not be maintained by
the person acquiring or agreeing to acquire fee title to the real property
against any person other than the person transferring or contracting to
transfer fee title to the real property.
(6)
A transfer of death deed and an instrument revoking a transfer of death deed
are not instruments subject to this section. [1983 c.718 §2; 1985 c.719 §1;
1989 c.366 §1; 1993 c.792 §40; 1995 c.5 §17; 2005 c.311 §1; 2007 c.424 §23;
2007 c.866 §7; 2009 c.892 §19; 2011 c.212 §24]
93.050 Gift or conveyance of life estate.
A gift or conveyance of property under deed or other writing executed after
June 30, 1993, to any person for the term of the life of the person, and after
the death of the person to the children or heirs of the person, vests an estate
or interest for life only in the grantee or person receiving the gift or
conveyance, and remainder in the children or heirs. [1991 c.850 §3]
SPECIAL MATTERS IN PARTICULAR
CONVEYANCES
93.110 Quitclaim deed sufficient to pass
estate. A deed of quitclaim and release, of the
form in common use, is sufficient to pass all the estate which the grantor
could lawfully convey by a deed of bargain and sale.
93.120 Words of inheritance unnecessary to
convey fee; conveyances deemed to convey all grantor’s estate.
The term “heirs,” or other words of inheritance, is not necessary to create or
convey an estate in fee simple. Any conveyance of real estate passes all the
estate of the grantor, unless the intent to pass a lesser estate appears by
express terms, or is necessarily implied in the terms of the grant.
93.125 [2001
c.311 §3; repealed by 2002 s.s.1 c.6 §3]
93.130 Conveyance of land in adverse
possession of another. No grant or conveyance of lands
or interest therein is void for the reason that at the time of its execution
the lands were in the actual possession of another claiming adversely.
93.140 Implied covenants.
No covenant shall be implied in any conveyance of real estate, whether it
contains special covenants or not, except as provided by ORS 93.850 to 93.870. [Amended
by 1973 c.194 §6]
93.150 Conveyance by tenant of greater estate
than that possessed. A conveyance made by a tenant
for life or years, purporting to grant a greater estate than the tenant
possesses or could lawfully convey, does not work a forfeiture of the estate of
the tenant, but passes to the grantee all the estate which the tenant could
lawfully convey.
93.160 Conveyance by reversioners and
remainderpersons to life tenant vests fee. When
real property has been devised to a person for life, and in case of the death
of the life tenant without leaving lawful issue born alive and living at the
time of death, then to other heirs of the testator, a conveyance to the life
tenant from all reversioners or remainderpersons and all issue of the life
tenant as are in being, of all their interest in the real property, vests a fee
simple estate in the life tenant. [Amended by 2003 c.14 §35]
93.170 [Repealed
by 1969 c.591 §305]
93.180 Forms of tenancy in conveyance or
devise to two or more persons. (1) A
conveyance or devise of real property, or an interest in real property, that is
made to two or more persons:
(a)
Creates a tenancy in common unless the conveyance or devise clearly and
expressly declares that the grantees or devisees take the real property with
right of survivorship.
(b)
Creates a tenancy by the entirety if the conveyance or devise is to a husband
and wife unless the conveyance or devise clearly and expressly declares
otherwise.
(c)
Creates a joint tenancy as described in ORS 93.190 if the conveyance or devise
is to a trustee or personal representative.
(2)
A declaration of a right to survivorship creates a tenancy in common in the life
estate with cross-contingent remainders in the fee simple.
(3)
Except as provided in ORS 93.190, joint tenancy in real property is abolished
and the use in a conveyance or devise of the words “joint tenants” or similar
words without any other indication of an intent to create a right of
survivorship creates a tenancy in common. [Amended by 1983 c.555 §1; 2007 c.64 §1]
93.190 Trustees or personal
representatives as joint tenants; filling vacancies in office.
(1) Every conveyance, deed of trust, mortgage or devise of an interest in or
lien upon real or personal property to two or more persons as trustees or
personal representatives, creates a joint tenancy in such interest or lien in
the trustees or personal representatives unless it is expressly declared in the
conveyance, deed of trust, mortgage or devise that the trustees or personal
representatives shall take or hold the property as tenants in common or
otherwise.
(2)
If the conveyance, deed of trust, mortgage or devise provides for filling any
vacancy in the office of trustee or personal representative, it may be filled
as therein provided, but a court of competent jurisdiction may fill a vacancy
in the trusteeship according to the established rules and principles of equity.
In whichever way the vacancy is filled, the new trustee shall hold the property
with all powers, rights and duties of an original trustee unless otherwise
directed by conveyance, deed of trust, mortgage or devise, or order or judgment
of the court. [Amended by 1969 c.591 §275; 2003 c.576 §353]
93.200 Trustees or executors now hold as
joint tenants. All trustees or executors holding real
or personal property in trust on May 19, 1905, hold as joint tenants and not as
tenants in common unless the conveyance, deed of trust, mortgage or devise, or
order or decree of court creating or appointing the trustees or executors has
declared otherwise.
93.210 Presumption respecting deed from
trustee of undisclosed beneficiary. If a deed to
real estate has been made to a grantee in trust or designating the grantee as
trustee, and no beneficiary is indicated or named in the deed, a deed
thereafter executed by such grantee conveying the property is presumed to have
been executed with full right and authority and conveys prima facie title to
the property. The grantee in the last-mentioned deed is under no duty
whatsoever to see to the application of the purchase price. If the
last-mentioned deed is recorded after June 7, 1937, after five years from its
recording or, if it was recorded prior to June 7, 1937, then after June 7,
1942, the presumption is conclusive as to any undisclosed beneficiary and the
title to the real estate, based upon the last-mentioned deed, shall not be
called in question by any one claiming as beneficiary under the first-mentioned
deed.
93.220 Release, limitation or restriction
of power of appointment. (1) Any person to whom there has
been granted or reserved any power of appointment or other power by which the
person may elect to take any action affecting the disposition of property may
at any time release, or, from time to time, limit or restrict such power in
whole or in part by an instrument in writing evidencing that purpose and
subscribed by the person.
(2)
If the power is one to affect title to real property, the instrument shall be
executed, acknowledged, proved and recorded, or filed with the registrar of
title in each county in which the land is situated in the same manner as a
conveyance of real property.
(3)
If the power is of such nature that its exercise may affect the duty of any
trustee or other fiduciary, such trustee or other fiduciary is not bound to
take notice thereof unless the trustee or other fiduciary has received the
original or an executed duplicate of the release or a copy thereof certified by
the county clerk or county recorder of the county in which it has been
recorded.
93.230 Copy of Department of State Lands
deed or patent given when original lost. (1) If
parties to whom deeds have been issued by the Department of State Lands have
lost such deeds before they were placed on record in the county wherein the
land conveyed is located, the Director of the Department of State Lands, on
application of the party entitled thereto, shall cause a certified copy of the
record of the deed in the office of the department to be issued under its seal.
(2)
If parties to whom patents for lands have been issued by the United States for
lands in the State of Oregon have lost such patents before they were placed on
record in the county wherein the land conveyed is located, such parties, or
their successors in interest, may apply to and obtain from the Bureau of Land
Management, or its successor agency, copies of the records of such patents,
duly certified to be correct copies of the original patents, or of the record
thereof, by the appropriate federal officer.
(3)
Every certified copy issued in accordance with subsection (1) or (2) of this
section is entitled to record in the proper county with like effect as the
original deed or patent. Every such copy so certified may be read in evidence
in any court in this state without further proof thereof. The record of any
such certified copy, or a transcript thereof certified by the county clerk in
whose office it may have been recorded, may be read in evidence in any court in
this state with like effect as the original thereof or the original lost deed
or patent. [Amended by 1967 c.421 §197]
93.240 Rights to deferred installments of
purchase price where two or more persons join as sellers of real property.
(1) Subject to the provisions contained in this section, whenever two or more
persons join as sellers in the execution of a contract of sale of real property
or sell and convey title to real property in exchange for a note for all or a
part of the purchase price secured by either a mortgage or trust deed on the
real property, unless a contrary purpose is expressed in the contract, note,
mortgage or trust deed, the right to receive payment of deferred installments
of the purchase price and the mortgage or trust deed, shall be owned by them in
the same proportions, and with the same incidents, as title to the real
property was vested in them immediately preceding the execution of the contract
of sale or conveyance.
(2)
If immediately prior to the execution of a contract of sale of real property,
or a sale or conveyance of title to real property in exchange for a note for
all or a part of the purchase price secured by a mortgage or trust deed on the
real property, title to any interest in the property therein described was vested
in the sellers or some of the sellers as tenants by the entirety or was
otherwise subject to any right of survivorship, then, unless a contrary purpose
is expressed in the contract, note, mortgage or trust deed, the right to
receive payment of deferred installments of the purchase price of the property
and the mortgage and trust deed shall likewise be subject to like rights of
survivorship. [1957 c.402 §§1,2; 1969 c.591 §276; 1989 c.74 §1; 1997 c.99 §21]
93.250 Effect of conveyance creating fee
simple conditional or fee tail. Every
conveyance or devise of lands, or interest therein, made subsequent to
September 9, 1971, using language appropriate to create a fee simple
conditional or fee tail estate shall create an estate in fee simple absolute in
the grantees or devisees of such conveyances or devises. Any future interest
limited upon such an interest is a limitation upon the fee simple absolute and
its validity is determined accordingly. [1971 c.382 §1]
93.260 Tax statement information required
in conveyancing instrument. (1) All instruments prepared for
the purpose of conveying or contracting to convey fee title to any real estate
shall contain on the face of such instruments a statement in substantially the
following form:
______________________________________________________________________________
Until
a change is requested, all tax statements shall be sent to the following
address:
______________________________________________________________________________
(2)
Failure to contain the statement required by this section does not invalidate
the conveyance and if an instrument is recorded without the statement required
by this section, the recording is valid.
(3)
This section applies to all instruments executed after January 1, 1974. [1973 c.422
§2]
93.265 Notice to real property manager of
certain actions; procedures; effect on title. (1) A
real estate property manager, as defined in ORS 696.010, may request notice of
any pending action, claim, lien or proceeding relating to a parcel of real
property by recording in the county clerk’s office of the county in which any
portion of the real property is situated a request for any notice required by
law to be provided to the owner.
(2)
A request submitted as allowed under subsection (1) of this section shall
include the name and address of the property manager, the address and legal
description of the property in question, the signature and real estate license
number of the requester and the date of the request. The request for
notification shall be valid for one year from filing.
(3)
Compliance with subsection (1) of this section shall be deemed adequate upon
mailing, by first class mail with postage prepaid, to the address provided in
the form required under subsection (2) of this section.
(4)
The county assessor of the county in which the notice is recorded shall note on
the tax roll, prepared pursuant to ORS chapter 311, the filing made under
subsection (1) of this section.
(5)
No request, statement or notation filed under subsection (1) of this section
shall affect title to the property or be deemed notice to any person that any
person so recording the request has any right, title, interest in, lien or
charge upon the property referred to in the request for notice. [1989 c.1062 §2;
2001 c.300 §58]
93.268 Notice to state agency of transfer
or encumbrance of real property by title insurance company.
(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]
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.
93.269 Declaration or covenant related to
future fees, commissions or payments to declarant; recording; exceptions.
(1) An instrument conveying, or contracting to convey, a fee simple interest in
real property may not cause, or purport to cause, a declaration or covenant to
be filed or recorded against the title to the real property if the declaration
or covenant requires, or purports to require, the payment of a fee, commission
or other payment to the declarant or to another person specified in the
declaration or covenant, or to the declarant’s or other person’s successors or
assigns, upon a transfer of a fee simple interest in the property.
(2)
A declaration or covenant that requires, or purports to require, the payment of
a fee, commission or other payment upon the transfer of a fee simple interest
in real property to the declarant or other person specified in the declaration
or covenant, or to the declarant’s or other person’s successors or assigns,
upon a transfer of a fee simple interest in the property or that otherwise
violates subsection (1) of this section, is void.
(3)
Subsections (1) and (2) of this section do not apply to the following:
(a)
An instrument conveying or contracting to convey a fee simple interest in real
property that provides for any consideration payable by a grantee to a grantor
for the interest in real property being transferred, including but not limited
to any subsequent additional consideration for the property payable by the
grantee based upon any subsequent appreciation, development or sale of the
property.
(b)
A requirement in a mortgage loan agreement for the payment of mortgage
principal, interest and fees upon sale of the property by the mortgagee.
(c)
A limited liability company, limited liability partnership, corporation, joint
venture or partnership agreement in which a member, shareholder, joint venturer
or partner contributes real property to the limited liability company, limited
liability partnership, corporation, joint venture or partnership.
(d)
An agreement providing for a series of related transfers of the fee simple
interest in a real property, if the agreement identifies with specificity the
price of the transferred interest, all consideration given, party names and
other essential terms for each transfer of interest that is part of the series.
(e)
An affordable housing covenant, servitude, easement, condition or restriction
in a deed, declaration, land sale contract, loan agreement, promissory note,
trust deed, mortgage, security agreement or other instrument, including but not
limited to instruments created as provided under ORS 456.270 to 456.295, that
are executed by:
(A)
A public body as defined in ORS 174.109;
(B)
An agency of the United States;
(C)
A public benefit corporation, religious corporation or foreign corporation, all
as defined in ORS 65.001, if the purposes of the corporation include providing
affordable housing for low income households and moderate income households as
those terms are defined in ORS 456.270;
(D)
A limited liability company, as defined in ORS 63.001, having a membership
composed of one or more corporations described in subparagraph (C) of this
paragraph;
(E)
A consumer housing cooperative as defined in ORS 456.548;
(F)
A manufactured dwelling park nonprofit cooperative as defined in ORS 62.803; or
(G)
A federally recognized Indian tribe.
(f)
A requirement for the payment of a fee to:
(A)
A homeowners association as defined in ORS 94.550;
(B)
An association of unit owners as defined in ORS 100.005;
(C)
A managing entity of a timeshare plan, as those terms are defined in ORS
94.803;
(D)
Any other owners’ association that is governed by recorded covenants,
conditions and restrictions; or
(E)
An agent for an association or managing entity described in subparagraphs (A)
to (D) of this paragraph.
(g)
An agreement between a real estate licensee and a grantor or grantee providing
for any commission payable to the real estate licensee for the transfer of the
real property. [2009 c.298 §1]
Note: 93.269
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.
93.270 Certain discriminatory restrictions
in conveyancing instruments prohibited; restriction on right of action.
(1) A person conveying or contracting to convey fee title to real property may
not include in an instrument for that purpose a provision:
(a)
Restricting the use of the real property by any person or group of persons by
reason of race, color, religion, sex, sexual orientation, national origin or
disability.
(b)
Restricting the use of the real property by any home or facility that is
licensed under ORS 443.400 to 443.455 or 443.705 to 443.825 to provide
residential care alone or in conjunction with treatment or training or a
combination thereof.
(2)
Any provision in an instrument executed in violation of subsection (1) of this
section is void and unenforceable.
(3)
An instrument that contains a provision restricting the use of real property in
a manner listed in subsection (1)(b) of this section does not give rise to any
public or private right of action to enforce the restriction.
(4)(a)
An instrument that contains a provision restricting the use of real property by
requiring roofing materials with a lower fire rating than that required in the
state building code established under ORS chapter 455 does not give rise to any
public or private right of action to enforce the restriction in an area
determined by a local jurisdiction as a wildfire hazard zone. Prohibitions on
public or private right of action under this paragraph are limited solely to
considerations of fire rating.
(b)
As used in this subsection, “wildfire hazard zones” are areas that are legally
declared by a governmental agency having jurisdiction over the area to have
special hazards caused by a combination of combustible natural fuels,
topography and climatic conditions that result in a significant hazard of
catastrophic fire over relatively long periods each year. Wildfire hazard zones
shall be determined using criteria established by the State Forestry
Department. [1973 c.258 §1; 1989 c.437 §1; 1991 c.801 §7; 1993 c.311 §1; 1993
c.430 §3; 2007 c.70 §20; 2007 c.100 §16; 2009 c.595 §61]
93.272 Procedure for removal of certain
discriminatory restrictions. (1) Any owner
of record of real property that is subject to an instrument conveying or
contracting to convey fee title to the property that contains a provision that
is in violation of ORS 93.270 may file a petition to remove that provision from
the title to the property. The petition shall be filed in the circuit court for
the county in which the property is located. No fee shall be charged for the
filing of the petition. The petition shall contain:
(a)
The name and mailing address of the person filing the petition;
(b)
The name and mailing address of all owners of record of the property;
(c)
The legal description of the property subject to the provision in violation of
ORS 93.270; and
(d)
A clear reference to the provision claimed to be in violation of ORS 93.270.
(2)
Notice and a copy of the petition shall be served on all owners of record in
any manner provided for in ORCP 7. The notice shall inform the owners of record
that:
(a)
The petition seeks the removal of a provision that is in violation of ORS
93.270 from the title to the property;
(b)
The person served may request a hearing within 10 days after service of the
petition; and
(c)
The court is authorized to enter a default judgment removing the provision if
no hearing is requested by the owners of record.
(3)
The petitioner shall file with the court proof of service in the manner
provided in ORCP 7 F. If no request for hearing is made by any person served
within 10 days after service on that person, the court shall enter a judgment
removing the provision from the title to the property if the court determines
that the provision is in violation of ORS 93.270.
(4)
If a hearing is requested by any person served under subsection (2) of this
section, the clerk of the court shall schedule a hearing within 20 days after the
filing of the request for a hearing. The clerk of the court shall mail
notification of the hearing date to the petitioner and to all owners of record
listed in the petition.
(5)
At any hearing under the provisions of this section, the sole issue that shall
be decided by the court is whether the provision that is the subject of the
petition is in violation of ORS 93.270. The matter shall be tried to the court
sitting without jury. If the court finds that the provision is not in violation
of ORS 93.270, the court shall dismiss the petition. If the court finds that
the provision is in violation of ORS 93.270, the court shall enter a judgment
removing the provision from the title to the property.
(6)
If a court finds only part of a provision to be in violation of ORS 93.270
under this section, the court shall enter a judgment removing only that part of
the provision that is in violation.
(7)
For the purposes of this section, “owner of record” means a person having any
legal or equitable interest in property, including, but not limited to, a
purchaser, lienholder or holder of any security interest in such property whose
interest is recorded in the public records provided for by Oregon statutes
where the owner’s interest must be recorded to perfect a lien or security
interest or provide constructive notice of the owner’s interest. [1991 c.850 §2]
93.273 [1989
c.523 §2; renumbered 93.275 (3) in 1993]
93.275 Incidents not material facts to
real property transaction; legislative findings.
(1) The following are among incidents that are not material facts to a real
property transaction:
(a)
The fact or suspicion that the real property or a neighboring property was the
site of a death by violent crime, by suicide or by any other manner;
(b)
The fact or suspicion that the real property or a neighboring property was the
site of a crime, political activity, religious activity or any other act or
occurrence that does not adversely affect the physical condition of or title to
real property;
(c)
The fact or suspicion that an owner or occupant of the real property has or had
human immunodeficiency virus or acquired immune deficiency syndrome;
(d)
The fact or suspicion that a sex offender registered under ORS 181.595,
181.596, 181.597 or 181.609 resides in the area; and
(e)
The fact that a notice has been received that a neighboring property has been
determined to be not fit for use under ORS 453.876.
(2)
The Legislative Assembly finds that there is no known risk of the transmission
of human immunodeficiency virus or acquired immune deficiency syndrome by
casual contact. [1989 c.523 §3; subsection (3) formerly 93.273; 2001 c.701 §1;
2003 c.559 §2; 2011 c.271 §21]
93.280 Manner of conveyance to create
joint property rights. (1) Any person or persons owning
real property which the person or persons have power to convey may convey such
property by a conveyance naming the person or persons and another person or
persons, or one or more of themselves and another person or other persons, as
grantees. The conveyance shall have the same effect as a conveyance from a
stranger who owned the property to the persons named as grantees.
(2)
Any two or more persons owning real property which they have power to convey
may convey such property by a conveyance naming one, or more than one, of all
such persons, as grantees. The conveyance shall have the same effect as a
conveyance from a stranger who owned the property to the persons named as
grantees.
(3)
Any “person” mentioned in this section may be a married person, and any “persons”
so mentioned may be married to each other. [1973 c.209 §§1,2,3]
UNIFORM VENDOR AND PURCHASER RISK ACT
93.290 Risk of loss after contract to sell
realty has been executed. Any contract made on or after
August 3, 1955, in this state for the purchase and sale of realty shall be
interpreted as including an agreement that the parties shall have the following
rights and duties, unless the contract expressly provides otherwise:
(1)
If, when neither the legal title nor the possession of the subject matter of
the contract has been transferred, all or a material part thereof is destroyed
without fault of the purchaser or is taken by eminent domain, the vendor cannot
enforce the contract, and the purchaser is entitled to recover any portion of
the price that the purchaser has paid;
(2)
If, when either the legal title or the possession of the subject matter of the
contract has been transferred, all or any part thereof is destroyed without
fault of the vendor or is taken by eminent domain, the purchaser is not thereby
relieved from a duty to pay the price, nor is the purchaser entitled to recover
any portion thereof that the purchaser has paid. [1955 c.144 §1]
93.295 Construction of ORS 93.290 to
93.300. ORS 93.290 to 93.300 shall be so
interpreted and construed as to effectuate their general purpose to make
uniform the law of those states which enact the Uniform Vendor and Purchaser
Risk Act. [1955 c.144 §2]
93.300 Short title.
ORS 93.290 to 93.300 may be cited as the Uniform Vendor and Purchaser Risk Act.
[1955 c.144 §3]
DESCRIPTIONS, INCLUDING THE OREGON
COORDINATE SYSTEM
93.310 Rules for construing description of
real property. The following are the rules for
construing the descriptive part of a conveyance of real property, when the
construction is doubtful, and there are no other sufficient circumstances to
determine it:
(1)
Where there are certain definite and ascertained particulars in the
description, the addition of others, which are indefinite, unknown or false,
does not frustrate the conveyance, but it is to be construed by such
particulars, if they constitute a sufficient description to ascertain its
application.
(2)
When permanent and visible or ascertained boundaries or monuments are
inconsistent with the measurement, either of lines, angles or surfaces, the
boundaries or monuments are paramount.
(3)
Between different measurements which are inconsistent with each other, that of
angles is paramount to that of surfaces, and that of lines paramount to both.
(4)
When a road or stream of water not navigable is the boundary, the rights of the
grantor to the middle of the road, or the thread of the stream, are included in
the conveyance, except where the road or bed of the stream is held under
another title.
(5)
When tidewater is the boundary, the rights of the grantor to low watermark are
included in the conveyance, and also the right of this state between high and
low watermark.
(6)
When the description refers to a map, and that reference is inconsistent with
other particulars, it controls them, if it appears that the parties acted with
reference to the map; otherwise the map is subordinate to other definite and
ascertained particulars.
93.312 Oregon Coordinate System.
(1) As used in this section, “Oregon Coordinate System” means a coordinate
mapping system, composed of three coordinate projection mapping systems known
as:
(a)
The Oregon State Plane Coordinate System of 1927;
(b)
The Oregon State Plane Coordinate System of 1983; and
(c)
The Oregon Coordinate Reference System.
(2)
A description of land that contains coordinates associated with the position of
a point on a land boundary must:
(a)
Use the Oregon Coordinate System;
(b)
Use one specified zone and system for the entire description;
(c)
Include coordinate system datum with epoch and zone designation;
(d)
Use coordinates established by a survey connection to the National Spatial
Reference System;
(e)
Reference a survey of record that reports the accuracy of coordinates at a 95
percent confidence level; and
(f)
Include distances, bearings, areas and other boundary elements.
(3)
The Department of Transportation shall adopt rules implementing the Oregon
Coordinate System. [2011 c.179 §1]
Note: 93.312
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.
93.320
[Amended by 1985 c.202 §1; repealed by 2011 c.179 §6]
93.330
[Amended by 1985 c.202 §2; repealed by 2011 c.179 §6]
93.340
[Repealed by 1985 c.202 §7]
93.350
[Amended by 1985 c.202 §3; repealed by 2011 c.179 §6]
93.360
[Amended by 1979 c.129 §1; 1985 c.202 §4; repealed by 2011 c.179 §6]
93.370
[Amended by 1985 c.202 §5; repealed by 2011 c.179 §6]
93.380
[Amended by 1985 c.202 §6; repealed by 2011 c.179 §6]
EXECUTION, ACKNOWLEDGMENT AND PROOF OF
INSTRUMENTS
93.410 Execution and acknowledgment of
deeds. Except as otherwise provided by law,
deeds executed within this state, of lands or any interest in lands therein, shall
be signed by the grantors and shall be acknowledged before any judge of the
Supreme Court, circuit judge, county judge, justice of the peace or notary
public within the state. No seal of the grantor, corporate or otherwise, shall
be required on the deed. [Amended by 1965 c.502 §5; 1977 c.404 §1; 1999 c.654 §8]
93.415
[Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.415)]
93.420 Execution of deed where personal
representative, guardian or conservator is unable or refuses to act.
If any person is entitled to a deed from a personal representative, guardian or
conservator who has died or resigned, has been discharged, disqualified or
removed or refuses to execute it, the deed may be executed by the judge before
whom the proceeding is pending or by the successor of the judge. [Amended by
1961 c.344 §104; 1969 c.591 §277]
93.430
[Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.430)]
93.440 Proof of execution by subscribing
witness. Proof of the execution of any conveyance
may be made before any officer authorized to take acknowledgments of deeds, and
shall be made by a subscribing witness thereto, who shall state the place of
residence of the witness, and that the witness knew the person described in and
who executed the conveyance. Such proof shall not be taken unless the officer
is personally acquainted with the subscribing witness, or has satisfactory
evidence that the witness is the same person who was a subscribing witness to
the instrument.
93.450 Proof where witnesses are dead or
absent. When any grantor is dead, out of this
state, or refuses to acknowledge the deed, and all the subscribing witnesses to
the deed are also dead or reside out of this state, it may be proved before the
circuit court, or any judge thereof, by proving the handwriting of the grantor
and of any subscribing witness thereto.
93.460 Subpoena to compel witness to testify
to execution of deed. Upon the application of any
grantee, or any person claiming under the grantee, verified by the oath of the
applicant setting forth that the grantor is dead, out of the state, or refuses
to acknowledge the deed, and that any witness to the conveyance residing in the
county where the application is made refuses to appear and testify touching its
execution and that the conveyance cannot be proven without the evidence of the
witness, any officer authorized to take the acknowledgment or proof of
conveyances may issue a subpoena requiring the witness to appear and testify
before the officer touching the execution of the conveyance. [Amended by 1981
c.11 §2]
93.470 Indorsement of certificate of
proof. Every officer who takes the proof of
any conveyance shall indorse a certificate thereof, signed by the officer, on
the conveyance. In the certificate the officer shall set forth those matters
required by ORS 93.440 to 93.460 to be done, known or proved, together with the
names of the witnesses examined before the officer, and their places of
residence, and the substance of the evidence given by them.
93.480 Deed acknowledged or proved as
evidence; recordability. Every conveyance acknowledged,
proved or certified in the manner prescribed by law by any of the authorized
officers may be read in evidence without further proof thereof and is entitled
to be recorded in the county where the land is situated.
93.490
[Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.490)]
93.500
[Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.500)]
93.510
[Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.510)]
93.520
[Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.520)]
93.530 Execution, acknowledgment and
recordation of assignments of sheriffs’ certificates of sale.
All assignments of sheriffs’ certificates of sale of real property on execution
or mortgage foreclosure shall be executed and acknowledged and recorded in the
same manner as deeds of real property.
RECORDATION AND ITS EFFECTS
93.600 Description of real property for
purposes of recordation. Unless otherwise prescribed by
law, real property shall be described for recordation by giving the subdivision
according to the United States survey when coincident with the boundaries
thereof, or by lots, blocks and addition names, or by partition plat recording
and parcel numbers, or by giving the boundaries thereof by metes and bounds, or
by reference to the book and page, document number or fee number of any public
record of the county where the description may be found or in such other manner
as to cause the description to be capable of being made certain. However,
description by tax lot number shall not be adequate. Initial letters,
abbreviations, figures, fractions and exponents, to designate the township,
range, section or part of a section, or the number of any lot or block or part
thereof, or any distance, course, bearing or direction, may be employed in any
such description of real property. [1987 c.586 §2; 1989 c.772 §26; 1995 c.382 §10]
93.610 Separate books for recording deeds
and mortgages; consolidated index. (1) Separate
books shall be provided by the county clerk in each county for the recording of
deeds and mortgages. In one book all deeds left with the clerk shall be
recorded at full length, or as provided in ORS 93.780 to 93.800, with the
certificates of acknowledgment or proof of their execution, and in the other
all mortgages left with the county clerk shall in like manner be recorded. All
other real property interests required or permitted by law to be recorded shall
be recorded in the records maintained under ORS 205.130 or in records
established under any other law.
(2)
Counties maintaining a consolidated index shall record deeds and mortgages and
index them in the consolidated index in such a manner as to identify the entries
as a deed or mortgage record. All other real property interests required or
permitted by law to be recorded shall be recorded in the records kept and
maintained under ORS 205.130 or in records established under any other law. [Amended
by 1969 c.583 §1; 1987 c.586 §21; 1999 c.654 §9]
93.620 Time and place of recording;
certification. The county clerk shall certify upon
every instrument recorded by the county clerk the time when it was recorded and
a reference to where it is recorded. Every instrument is considered recorded at
the time it was so certified. [Amended by 1999 c.654 §10]
93.630 Index to record of deeds, mortgages
and other real property interests. The county
clerk shall also keep a proper direct index and a proper indirect index to the
record of deeds, mortgages and all other real property interests required or
permitted by law to be recorded, in which the county clerk shall enter,
alphabetically, the name of every party to each instrument recorded by the
county clerk, with a reference to where it is recorded. [Amended by 1987 c.586 §22;
1999 c.654 §11]
93.635 Acknowledgment and recording of
instruments contracting to convey fee title. (1)
All instruments contracting to convey fee title to any real property, at a time
more than 12 months from the date that the instrument is executed and the
parties are bound, shall be acknowledged, in the manner provided for
acknowledgment of deeds, by the conveyor of the title to be conveyed. Except
for those instruments listed in subsection (2) of this section, all such
instruments, or a memorandum thereof, shall be recorded by the conveyor not
later than 15 days after the instrument is executed and the parties are bound
thereby.
(2)
The following instruments contracting to convey fee title to any real property
may be recorded as provided in subsection (1) of this section, but that
subsection does not require such recordation of:
(a)
Earnest money or preliminary sales agreements;
(b)
Options; or
(c)
Rights of first refusal. [1975 c.618 §4; 1977 c.724 §1; 1987 c.586 §23]
93.640 Unrecorded instrument affecting
title or unrecorded assignment of sheriff’s certificate of sale void as to
subsequent purchaser. (1) Every conveyance, deed, land
sale contract, assignment of all or any portion of a seller’s or purchaser’s
interest in a land sale contract or other agreement or memorandum thereof
affecting the title of real property within this state which is not recorded as
provided by law is void as against any subsequent purchaser in good faith and
for a valuable consideration of the same real property, or any portion thereof,
whose conveyance, deed, land sale contract, assignment of all or any portion of
a seller’s or purchaser’s interest in a land sale contract or other agreement
or memorandum thereof is first filed for record, and as against the heirs and
assigns of such subsequent purchaser. As used in this section, “every
conveyance, deed, land sale contract, assignment of all or any portion of a
seller’s or purchaser’s interest in a land sale contract or other agreement or
memorandum thereof affecting the title of real property” includes mortgages,
trust deeds, and assignments for security purposes or assignments solely of
proceeds, given by purchasers or sellers under land sale contract. As used in
this section, “memorandum” means an instrument that contains the date of the
instrument being memorialized, the names of the parties, a legal description of
the real property involved, and the nature of the interest created, which is
signed by the person from whom the interest is intended to pass, and
acknowledged or proved in the manner provided for the acknowledgment or proof
of deeds. A memorandum of an instrument conveying or contracting to convey fee
title to any real estate shall state on its face the true and actual
consideration paid for such transfer as provided in ORS 93.030.
(2)
Every assignment of sheriffs’ certificates of sale of real property on
execution or mortgage foreclosure which is not recorded in the records of deeds
in the county where the land is situated within five days after its execution
is void as against any subsequent purchaser in good faith and for a valuable
consideration of such certificate of sale, or the real property covered
thereby, or any portion thereof, whose assignment is first recorded. [Amended
by 1973 c.696 §19; 1977 c.605 §2; 1987 c.225 §1; 1989 c.516 §1]
93.643 Method of giving constructive
notice of interest in real property; electronic lien records.
(1) To give constructive notice of an interest in real property, a person must
have documentation of the interest recorded in the indices maintained under ORS
205.130 in the county where the property is located. Such recordation, and no
other record, constitutes constructive notice to any person of the existence of
the interest, except:
(a)
Constructive notice may be given as provided in ORS 311.405 and 446.515 to
446.547 and ORS chapters 87, 450, 451, 452, 453, 454, 455 and 456 and local
government charters; or
(b)
A city may give constructive notice of a governmental lien by maintaining a
record of the lien in an electronic medium that is accessible online during the
regular business hours of the city.
(2)
Notwithstanding subsection (1) of this section:
(a)
A judgment lien attaches to real property of the judgment debtor as provided in
ORS chapter 18.
(b)
A lien shall be created against all real property of the person named in an
order or warrant as provided in ORS 205.125 if the order or warrant is recorded
in the County Clerk Lien Record.
(c)
Constructive notice of either a local improvement district estimated assessment
or a system development charge installment payment contract pursuant to ORS
223.290, created after September 9, 1995, is given only by one of the following
methods:
(A)
By recording the notice of estimated assessment or the acceptance of the system
development charge installment payment contract in the indices maintained under
ORS 205.130 in the county in which the property is located. The recording shall
include a description of real property in the manner prescribed in ORS 93.600.
The city shall continue to maintain the bond lien docket as prescribed in ORS
223.230. The bond lien docket shall include a reference to the county recording
by a document fee number or book and page number.
(B)
By recording the notice of estimated assessment or the acceptance of the system
development charge installment payment contract through an online electronic
medium. The electronic lien record shall be the controlling lien record, to the
exclusion of any informational recording made by the city in county indices.
The city informational recording shall include a clear statement of the purpose
of the recording and a reference to the location of the electronic lien record.
(3)
A city that maintains records through an online electronic medium shall comply
with the following requirements:
(a)
Each lien record shall consist of the effective date of the recording, a
reference to the location of source documents or files, a description of real
property in the manner prescribed in ORS 93.600, a site address, if
appropriate, a state property identification number or county property tax
identification number, a lien account number or other account identifier, the
amount of the estimated assessment or system development charge installment
payment contract, the final assessment in the case of a local improvement
assessment district and the current amount of principal balance.
(b)
Lien records shall be accessible through the online electronic medium to any
individual or organization by mutual agreement with the city. Users of the
online electronic medium shall be authorized to access the lien records from
equipment maintained at sites of their choosing.
(4)
Recording of the satisfaction of a local improvement district assessment or system
development charge installment payment contract shall be made in the same
location as the original recording, either in the indices maintained under ORS
205.130 or in the lien docket maintained through an electronic medium as
provided in this section.
(5)
A city that establishes an electronic lien record as authorized by this section
shall record in the County Clerk Lien Record maintained under ORS 205.130 a
statement that indicates the date and time at which the electronic lien record
takes priority over the County Clerk Lien Record and that describes the methods
by which the electronic lien records of the city are made accessible. [1987
c.586 §2a; 1995 c.709 §1; 1997 c.840 §1; 2003 c.576 §229]
93.645 Priority of purchaser;
extinguishing judgment lien; right of judgment creditor; “judgment” defined.
(1) The interest of the purchaser, the heirs and assigns of the purchaser,
under a contract for the purchase and sale of realty, if such contract or
memorandum thereof has been recorded in deed records, shall have priority over
the lien of any subsequent judgment against the seller of the property, the
heirs and assigns of the seller, and conveyance in fulfillment of said contract
shall extinguish the lien of any such judgment.
(2)
Subsection (1) of this section shall not be construed to limit the right of a
judgment creditor to execute upon a vendor’s interest in a land sales contract.
(3)
For the purposes of subsection (1) of this section, “judgment” includes any
lien which by law becomes a lien upon real property in the same manner as a
judgment, and includes a judgment or any such lien in favor of the State of
Oregon and its agencies. [1975 c.270 §§1,2,3]
93.650 Effect of record or certified
transcript in evidence. The record of a conveyance duly
recorded, or a transcript thereof certified by the county clerk in whose office
it is recorded may be read in evidence in any court in the state, with the like
effect as the original conveyance. However, the effect of such evidence may be
rebutted by other competent testimony.
93.660 Effect of abstract of title as
evidence. Any abstract of title to real property
in this state certified by any person regularly engaged in this state in the
business of preparing and certifying such abstracts shall be received in all
courts as prima facie evidence of the existence, condition and nature of the
record of all deeds, mortgages and other instruments, conveyances or liens
shown or mentioned in the abstract as affecting the property, and that the
record is as described in such abstract.
93.670 Power of attorney and executory
contract for sale or purchase of lands; recordability; effect as evidence;
revocation. (1) Every letter of attorney, or other
instrument containing a power to convey lands, as agent or attorney for the
owner of such lands, and every executory contract for the sale or purchase of
lands, when acknowledged or proved in the manner prescribed for the
acknowledgment or proof of conveyances, may be recorded in the county clerk’s
office of any county in which the lands to which such power or contract relates
is situated. When so acknowledged or proved, such letter, instrument or
contract, and the record thereof when recorded, or the certified transcript of
such record, may be read in evidence in any court in this state without further
proof of the same.
(2)
No letter of attorney, or other instrument so recorded, is deemed to be revoked
by any act of the party by whom it was executed unless the instrument
containing such revocation is also recorded in the same office in which the
instrument containing the power was recorded.
93.680 Patents, judgments and official
grants; recordability; evidence. (1) The
following are entitled to be recorded in the record of deeds of the county in
which the lands lie, in like manner and with like effect as conveyances of land
duly acknowledged, proved or certified:
(a)
The patents from the United States or of this state for lands within this
state.
(b)
Judgments of courts in this state requiring the execution of a conveyance of
real estate within this state.
(c)
Approved lists of lands granted to this state, or to corporations in this
state.
(d)
Conveyances executed by any officer of this state by authority of law, of lands
within this state.
(2)
The record of any such patent, judgment, approved lists or deeds recorded, or a
transcript thereof certified by the county clerk in whose office it is
recorded, may be read in evidence in any court in this state, with like effect
as the original. [Amended by 1979 c.284 §93]
93.690 Recording of instruments evidencing
passage of title to land from United States to State of Oregon.
(1) The Director of the Department of State Lands shall forward all patents and
clear lists of land and other documents evidencing that title to land has passed
from the United States to the State of Oregon, which have been or shall be
received by the State of Oregon, to the officer in each county of the state in
which any of such land is situated whose duty it is to record conveyances of
real estate. Upon the receipt of such patents, clear lists or other documents,
the recording officer of the county shall forthwith record the instruments in
the records of deeds of the county and index them in the manner provided for
indexing deeds. When the recording officer has properly recorded such
instruments the recording officer shall return them to the Director of the
Department of State Lands.
(2)
When any such instrument includes land in more than one county, the record of
the instrument in each county need include only the description of the land
lying wholly or partly in that county and all other land may be indicated as
omitted. [Amended by 1999 c.803 §1]
93.710 Instruments or memoranda creating
certain interests in realty; contents; reforestation order; effect of
recording. (1) Any instrument creating a license,
easement, profit a prendre, or a leasehold interest or oil, gas or other
mineral interest or estate in real property or an interest in real property
created by a land sale contract, or memorandum of such instrument or contract,
which is executed by the person from whom the interest is intended to pass, and
acknowledged or proved in the manner provided for the acknowledgment or proof
of other conveyances, may be indexed and recorded in the records of deeds of
real property in the county where such real property is located. Any instrument
creating a mortgage or trust deed, or a memorandum thereof, or assignment for
security purposes relating to any of the interests or estates in real property
referred to in this subsection, which is executed by the person from whom the
mortgage, trust deed, or assignment for security purposes is intended to be
given, and acknowledged or proved in the manner provided for the acknowledgment
or proof of other conveyances, may be indexed and recorded in the records of
mortgages of real property in the county where such real property is located.
Such recordation, whether the instrument be recorded prior to or subsequent to
May 29, 1963, constitutes notice to third persons of the rights of the parties
under the instrument irrespective of whether the party granted such interest or
estate is in possession of the real property. Any such instrument when so
acknowledged or proved, or certified in the manner prescribed by law by any of
the authorized officers, may be read in evidence without further proof thereof.
(2)
Any notice under ORS 527.710 or order under ORS 527.680 by the State Forester
requiring the reforestation of specific lands may be indexed and recorded in
the records of deeds of real property in the county where such real property is
located. Such recordation constitutes notice to third persons of the rights and
obligations of the parties to the notice or order. Any such notice or order
when properly prepared in the manner prescribed by law by any of the authorized
officers may be read in evidence without further proof thereof.
(3)(a)
As used in this section, “memorandum” means an instrument that:
(A)
Contains the date of the instrument being memorialized;
(B)
Contains the names and addresses of the parties;
(C)
Contains a legal description of the real property involved and the nature of
the interest created which is signed by the person from whom the interest is
intended to pass; and
(D)
Is acknowledged or proved in the manner provided for the acknowledgment or
proof of deeds.
(b)
In addition to the requirements of paragraph (a) of this subsection, a
memorandum of a mortgage or trust deed shall contain:
(A)
The legend “Memorandum of Mortgage” or “Memorandum of Trust Deed” either in
capital letters or underscored above the body of the memorandum;
(B)
A description of any collateral encumbered by the mortgage or trust deed, other
than the real property, that can be perfected by filing in the real property
records of the county in which the collateral is situated;
(C)
A description in general terms of the obligation or obligations secured and a
statement of the term or maturity date, if any, of the obligation or
obligations;
(D)
A statement by the mortgagee or beneficiary that a complete copy of the
mortgage or trust deed is available upon written request to the mortgagee or
beneficiary; and
(E)
If the mortgage or trust deed constitutes a line of credit instrument as
defined in ORS 86.155, the information required to appear on the front page of
the instrument under ORS 86.155 (1)(b).
(c)
In addition to the requirements of paragraph (a) of this subsection, a
memorandum of an instrument conveying or contracting to convey fee title to any
real estate shall state on its face the true and actual consideration paid for
such transfer as provided in ORS 93.030. [Amended by 1963 c.416 §1; 1973 c.696 §20;
1977 c.605 §3; 1983 c.759 §2; 1987 c.225 §2; 1997 c.152 §2]
93.720
[Amended by 1985 c.540 §28; repealed by 1987 c.586 §49]
93.730 Recordation of judgment in other
counties. A certified copy of any judgment or
order of confirmation affecting lands in this state made in any action may be
recorded in the records of deeds in any county in which the land affected is
wholly or partly situated by any party interested in the land or in the action.
After the transcript is so recorded, the judgment is notice to all persons of
the action and of the judgment or order, as completely as if the entire
proceedings were had originally in the county in which the transcript is
recorded. The record of the transcript is prima facie evidence of title as
therein determined. [Amended by 2003 c.576 §354]
93.740 Notice of lis pendens; contents;
recordation; effect; discharge. (1) In all
suits in which the title to or any interest in or lien upon real property is
involved, affected or brought in question, any party thereto at the
commencement of the suit, or at any time during the pendency thereof, may have
recorded by the county clerk or other recorder of deeds of every county in
which any part of the premises lies a notice of the pendency of the action
containing the names of the parties, the object of the suit, and the
description of the real property in the county involved, affected, or brought
in question, signed by the party or the attorney of the party. From the time of
recording the notice, and from that time only, the pendency of the suit is
notice, to purchasers and incumbrancers, of the rights and equities in the
premises of the party filing the notice. The notice shall be recorded in the
same book and in the same manner in which mortgages are recorded, and may be
discharged in like manner as mortgages are discharged, either by such party or
the attorney signing the notice.
(2)
Except as provided in subsection (3) of this section, a conveyance or
encumbrance that is not recorded in the manner provided by law before the
filing of a notice of pendency that affects all or part of the same real
property is void as to the person recording the notice of pendency for all
rights and equities in the real property that are adjudicated in the suit. The
provisions of this subsection apply only to a conveyance or encumbrance that
under the provisions of ORS 93.640 would be void as against a subsequent
purchaser whose interest in the property is of record at the time the notice of
pendency is recorded and who purchased the property in good faith and for
valuable consideration.
(3)
A conveyance or encumbrance is not void under subsection (2) of this section
if:
(a)
The person who records a notice of pendency under this section has notice of
the conveyance or encumbrance at the time the notice of pendency is recorded or
otherwise does not act in good faith in recording the notice of pendency; or
(b)
Pursuant to ORCP 33, the court allows a person claiming an interest in real
property under the conveyance or encumbrance to intervene in the suit for the
purpose of seeking adjudication of the person’s interest or priority in the
property.
(4)
Unless otherwise prescribed by law, a party recording a notice of pendency
shall use substantially the following form:
______________________________________________________________________________
NOTICE OF
PENDENCY OF AN ACTION
Pursuant
to ORS 93.740, the undersigned states:
___ 1. As plaintiff(s), ____________, has
filed an action in the ______ Court for ______ County, State of Oregon;
___ 2. The defendant(s) is/are: ________
______________________
______________________;
___ 3. The object of the action is: _____
______________________
______________________;
___ 4. The description of the real property to
be affected is: ____________
______________________
______________________
Dated this _____ day of_________,___.
__________________
Plaintiff or
Plaintiff’s
attorney
Name: _________________
Address: _______________
_____________________
_____________________
Phone No.: ________
STATE OF OREGON )
) ss.
County of _____ )
The foregoing instrument was acknowledged
before me this ___ day of______, 2___ by____________.
__________________
Notary Public for Oregon
My commission expires: _________
STATE OF OREGON )
) ss.
County of _____ )
The foregoing instrument was acknowledged
before me this ___ day of______, 2___ by ____________ of____________, a
corporation, on behalf of the corporation.
__________________
Notary Public for Oregon
My commission expires: _________
______________________________________________________________________________
[Amended
by 1987 c.586 §24; 1997 c.598 §1]
93.750
[Repealed by 1991 c.230 §35]
93.760
Recordability of documents, orders and decrees of the United States District
Court. Copies of documents, orders and decrees in proceedings in the
District Court of the United States for the District of Oregon, which have been
certified by the clerk of such court, and which affect title to real property
in this state, shall be entitled to be recorded in the deed records of any
county in which such real property is located. [Amended by 1985 c.540 §46; 1987
c.586 §47]
93.770
Recordability of notices of bankruptcy and petitions, orders and judgments from
bankruptcy cases. (1) A debtor or a trustee in
bankruptcy, or the attorney representing either, may present a notice of
bankruptcy for recordation in the deed records of a county in which real
property that is owned by the debtor or in which the debtor has an interest is
located. The notice of bankruptcy may contain a legal description of specific
real property, if known, and must:
(a) Be signed by the individual filing the
notice;
(b) Be acknowledged in the manner required
for acknowledgment of a deed;
(c) State the name of the debtor;
(d) Identify the district court in which
the case is pending, the bankruptcy case number and the bankruptcy chapter
filed;
(e) State the name, if applicable, of a
trustee for the bankruptcy estate of the debtor, an attorney representing the
debtor and an attorney representing the trustee; and
(f) State that the bankruptcy case affects
real property in the county that is owned by the debtor or in which the debtor
has an interest.
(2) Once recorded in the deed records of a
county, the notice of bankruptcy may be released by filing for recordation in
the same county:
(a) After expiration of the notice period,
a copy of a notice of intent to abandon the real property in a form approved by
the bankruptcy court and certified by the clerk of the bankruptcy court;
(b) A copy of a judicial order, certified
by the clerk of the bankruptcy court, authorizing abandonment of the real
property; or
(c) A copy of a judicial order, certified
by the clerk of the bankruptcy court, authorizing closure or dismissal of the
bankruptcy case if the real property was not otherwise administered in the
case.
(3) A copy of the following documents from
a bankruptcy case or an adversary proceeding under the federal bankruptcy laws
may be presented for recordation in the deed records of a county in which real
property that is owned by the debtor or in which the debtor has an interest is
located if the copy is certified by the clerk of the bankruptcy court:
(a) A petition, with the schedules
omitted.
(b) An order or judgment filed and
entered. [Amended by 2005 c.85 §1]
93.780
Place of recording of instrument containing clauses of a mortgage or trust
deed; county clerk to do recording; “Master Form.” An instrument containing
a form or forms of covenants, conditions, obligations, powers and other clauses
of a mortgage or a trust deed may be recorded in any county. The county clerk,
upon request of any person and on tender of the required fee, shall record the
instrument. The instrument shall be entitled “Master Form” and recorded in the
name of the entity or person causing it to be recorded. [1969 c.583 §2]
93.790
Effect of recording master form instrument; effect of incorporation by
reference in mortgage or trust deed; effect of deviation. (1) After the
master form instrument is recorded pursuant to ORS 93.780, any provisions of
such instrument may be incorporated by reference in any mortgage or trust deed
of real estate situated within this state, if the reference in the mortgage or
trust deed states that:
(a) The master form instrument was
recorded in the county in which the mortgage or trust deed is offered for
record;
(b) The date when and the book and page or
pages where the master form instrument was recorded; and
(c) A copy of the master form instrument
was furnished to the party executing the mortgage or trust deed at or before
the time of its execution.
(2) The recording of any mortgage or trust
deed which has incorporated by reference any provision of a master form
instrument recorded as provided in ORS 93.780 has like effect as if the
incorporated provisions were set forth fully in the mortgage or trust deed.
(3) In the event any instrument recorded
as provided in subsections (1) and (2) of this section should deviate in any
respect from a recorded master form, that portion that deviates from the master
form shall not be deemed notice to third parties. [1969 c.583 §§3,5]
93.800
Matter not to be recorded when accompanying mortgage or trust deed; liability
for nonrecording. (1) No county clerk shall record
matter accompanying a mortgage or trust deed presented for recording if such
matter:
(a) Purports to be copied or reproduced
from a master form instrument recorded and identified as required by ORS
93.780;
(b) Is preceded by the words “do not
record” or “not to be recorded”; and
(c) Is separated from the mortgage or
trust deed so that it will not appear on a photographic reproduction of any
page containing a part of the mortgage or trust deed.
(2) Notwithstanding any law to the
contrary, no recorder is liable for failing to record matter the recorder is
prohibited from recording by subsection (1) of this section. [1969 c.583 §4]
93.802
Recording of short form mortgage or short form trust deed.
(1) After a master form instrument is recorded in a county under ORS 93.780 and
93.790, an instrument entitled “Short Form Mortgage” or “Short Form Trust Deed”
may be recorded.
(2) The short form instrument shall
contain the title of the instrument, the names of all parties involved in the
encumbrance of the real property described in the instrument, the legal
description of the property that is encumbered by the instrument, the amount of
the encumbrance, the date on which the instrument was executed and any other
information required by law for recording the instrument.
(3) Any provision of the master form
instrument recorded under ORS 93.780 may be incorporated in a short form
instrument by reference to:
(a) The date when and the book and page or
fee number where the master form instrument was recorded; and
(b) Any specific provision of the master
form instrument that applies to the short form instrument.
(4) A short form instrument recorded under
this section shall describe provisions in the short form instrument that
deviate in any respect from the recorded master form instrument.
(5) The person presenting a short form
instrument for recording shall cause a complete copy of the master form
instrument to which reference is made in the short form instrument to be
provided or disclosed to each party involved in the encumbrance of the real
property described in the short form instrument. [1991 c.230 §20]
93.804
Requirement for original signatures for recording; recordation of certified
copies; recordation of electronic image of instrument.
(1) Except as provided in subsections (2) and (3) of this section, if an
instrument presented for recording conveys an interest in real property and is
required by law to be acknowledged or proved, a county clerk may not record the
instrument unless the instrument contains the original signatures of the
persons executing the instrument and the original signature of the officer
before whom the acknowledgment was made.
(2) A county clerk may record a certified
copy of an instrument that conveys an interest in real property if a law
authorizes recording a certified copy of the instrument and the instrument
contains the original certification of the certifying officer.
(3) If an instrument that is eligible to
be recorded under the laws of this state is presented for recording as an
electronic image or by electronic means, a county clerk may record the
instrument. If the county clerk records the instrument, the county clerk shall require
the person that presents the instrument for recording to certify that the
instrument contains the original signatures required under subsection (1) of
this section or that the instrument from which the person made the electronic
image contains the original signatures required under subsection (1) of this
section.
(4) A county clerk may enter into a
contract to receive instruments as electronic images or by electronic means
with a contractor that presents the instruments for recording on behalf of another
person. The contractor or the other person shall certify by electronic means or
otherwise that the instrument that the contractor presents for recording, or
the instrument from which the electronic image was made, contains the original
signatures required under subsection (1) of this section. [1991 c.230 §21; 2011
c.386 §1]
Note:
Sections 4 and 5, chapter 386, Oregon Laws 2011, provide:
Sec.
4. An instrument that is presented for
recording as an electronic image or by electronic means and that a county clerk
records before the effective date of this 2011 Act [June 16, 2011] complies
with the provisions of ORS 84.001 to 84.061 and 93.804. [2011 c.386 §4]
Sec.
5. The amendments to ORS 93.804 and 93.810
by sections 1 and 2 of this 2011 Act apply to documents that are recorded or
are presented for recording before, on or after the effective date of this 2011
Act [June 16, 2011]. [2011 c.386 §5]
93.806
Recordation of instrument creating certain liens.
(1) Any instrument creating a lien on unpaid rents and profits of real property
within this state, by assignment, mortgage, pledge or otherwise, or memorandum
thereof, which is executed by the person from whom the lien is intended to be
given, and acknowledged or proved in the manner provided for the acknowledgment
or proof of other conveyances, may be indexed and recorded in the records of
mortgages of real property in the county where such real property is located,
as provided in ORS 93.710. Such recordation constitutes notice to third
persons, and shall otherwise have the same effect as recordation pursuant to
ORS 93.710, specifically, but without limitation, such lien shall not be
voidable by and shall not be subordinate to the rights of either:
(a) A subsequent lien creditor, as defined
in ORS 79.0102; or
(b) A subsequent bona fide purchaser of
real property.
(2) Such an assignment, mortgage or pledge
shall be so perfected by such recording, without the holder thereof obtaining
the appointment of receiver, taking possession of the subject real property,
filing a financing statement pursuant to ORS chapter 79 or taking any other
action in addition to such recording.
(3) As used in this section, “memorandum”
has the meaning provided in ORS 93.710 (3). [1991 c.299 §1; 2001 c.445 §166]
Note:
93.806 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.
93.808
Approval of governmental unit required to record certain instruments.
An instrument conveying title or interest to the State of Oregon or to a
county, city or other political subdivision in this state may not be recorded
unless the instrument carries an indication of approval of the conveyance by
this state or the political subdivision accepting title or interest. [1999
c.654 §2]
VALIDATING
AND CURATIVE ACTS
93.810
Validating and curative Acts. The following
are subjects of validating or curative Acts applicable to this chapter:
(1) Evidentiary effect and recordation of
conveyances before 1854.
(2) Evidentiary effect and recordation of
certified copies of deeds issued by the State Land Board before 1885 where the
original deed was lost.
(3) Defective acknowledgments of married
women to conveyances before 1891.
(4) Foreign instruments executed before
1903.
(5) Deeds of married women before 1907,
validity; executed under power of attorney and record as evidence.
(6) Conveyances by reversioners and
remainderpersons to life tenant.
(7) Decrees or judgments affecting lands
in more than one county.
(8) Irregular deeds and conveyances;
defective acknowledgments; irregularities in judicial sales; sales and deeds of
executors, personal representatives, administrators, conservators and
guardians; vested rights arising by adverse title; recordation.
(9) Defective acknowledgments.
(10) Title to lands from or through
aliens.
(11) An instrument that is presented for
recording as an electronic image or by electronic means and that is recorded
before June 16, 2011. [Amended by 1973 c.823 §96; 2003 c.14 §36; 2003 c.576 §355;
2011 c.386 §2]
Note:
See note under 93.804.
DEED
FORMS
93.850
Warranty deed form; effect. (1) Warranty deeds may be in the
following form:
______________________________________________________________________________
_____,
Grantor, conveys and warrants to_____, Grantee, the following described real
property free of encumbrances except as specifically set forth herein:
(Describe the property conveyed.)
(If
there are to be exceptions to the covenants described in ORS 93.850 (2)(c),
here insert such exceptions.)
(Following
statement of exceptions, here insert statement required under ORS 93.040 (1).)
The
true consideration for this conveyance is $_____. (Here comply with the requirements
of ORS 93.030.)
Dated
this _____ day of_____, 2___.
______________________________________________________________________________
(2) A deed in the form of subsection (1)
of this section shall have the following effect:
(a) It shall convey the entire interest in
the described property at the date of the deed which the deed purports to
convey.
(b) The grantor, the heirs, successors and
assigns of the grantor, shall be forever estopped from asserting that the
grantor had, at the date of the deed, an estate or interest in the land less
than that estate or interest which the deed purported to convey and the deed
shall pass any and all after acquired title.
(c) It shall include the following
covenants, each of which shall run in favor of the grantee and the successors
in title of the grantee as if written in the deed:
(A) That at the time of the delivery of
the deed the grantor is seized of the estate in the property which the grantor
purports to convey and that the grantor has good right to convey the same.
(B) That at the time of the delivery of
the deed the property is free from encumbrances except as specifically set
forth on the deed.
(C) That the grantor warrants and will
defend the title to the property against all persons who may lawfully claim the
same.
(3) If the grantor desires to exclude any
encumbrances or other interests from the scope of the covenants of the grantor,
such exclusions must be expressly set forth on the deed. [1973 c.194 §1; 1999
c.214 §1]
93.855
Special warranty deed form; effect. (1) Special
warranty deeds may be in the following form:
______________________________________________________________________________
_____,
Grantor, conveys and specially warrants to_____, Grantee, the following
described real property free of encumbrances created or suffered by the grantor
except as specifically set forth herein: (Describe the property conveyed.)
(If
there are to be exceptions to the covenants described in ORS 93.855 (2), here
insert such exceptions.)
(Following
statement of exceptions, here insert statement required under ORS 93.040 (1).)
The
true consideration for this conveyance is $_____. (Here comply with the
requirements of ORS 93.030.)
Dated
this _____ day of_____, 2___.
______________________________________________________________________________
(2) A deed in the form of subsection (1)
of this section shall have the same effect as a warranty deed as described in
ORS 93.850, except that the covenant of freedom from encumbrances shall be
limited to those encumbrances created or suffered by the grantor and the
covenant of warranty shall be limited to read: “That the grantor warrants and
will defend the title to the property against all persons who may lawfully
claim the same by, through or under the grantor.”
(3) If the grantor desires to exclude any
encumbrances or other interests from the scope of the covenants of the grantor,
such exclusions must be expressly set forth on the deed. [1973 c.194 §2; 1999
c.214 §2]
93.860
Bargain and sale deed form; effect. (1) Bargain
and sale deeds may be in the following form:
______________________________________________________________________________
_____,
Grantor, conveys to_____, Grantee, the following described real property:
(Describe the property conveyed.)
(Following
description of property, here insert statement required under ORS 93.040 (1).)
The
true consideration for this conveyance is $_____. (Here comply with the
requirements of ORS 93.030.)
Dated
this _____ day of_____, 2___.
______________________________________________________________________________
(2) A deed in the form of subsection (1)
of this section shall have the following effect:
(a) It shall convey the entire interest in
the described property at the date of the deed which the deed purports to
convey.
(b) The grantor, the heirs, successors and
assigns of the grantor, shall be forever estopped from asserting that the
grantor had, at the date of the deed, an estate or interest in the land less
than that estate or interest which the deed purported to convey and the deed
shall pass any and all after acquired title.
(3) A bargain and sale deed shall not
operate to provide any covenants of title in the grantee and the successors of
the grantee. [1973 c.194 §3; 1999 c.214 §3]
93.865
Quitclaim deed form; effect. (1) Quitclaim
deeds may be in the following form:
______________________________________________________________________________
_____,
Grantor, releases and quitclaims to_____, Grantee, all right, title and
interest in and to the following described real property: (Describe the
property conveyed.)
(Following
description of property, here insert statement required under ORS 93.040 (1).)
The
true consideration for this conveyance is $_____. (Here comply with the
requirements of ORS 93.030.)
Dated
this _____ day of_____, 2___.
______________________________________________________________________________
(2) A deed in the form of subsection (1)
of this section shall have the effect of conveying whatever title or interest,
legal or equitable, the grantor may have in the described property at the date
of the deed but shall not transfer any title or interest which the grantor may
thereafter obtain nor shall it operate as an estoppel.
(3) A grantee taking title by way of a
quitclaim deed shall not, merely because of receipt of title by or through such
a deed, be denied the status of a good faith purchaser for value. [1973 c.194 §4;
1999 c.214 §4]
93.870
Statutory deed forms optional. The form of
deeds set forth in ORS 93.850 to 93.865 are permissive and not mandatory. Other
forms of deeds may be used for the conveyance of real property. [1973 c.194 §5]
FORFEITURE
UNDER LAND SALES CONTRACT
93.905
Definitions for ORS 93.905 to 93.940. As used in
ORS 93.905 to 93.940, unless the context requires otherwise:
(1) “Contract for transfer or conveyance
of an interest in real property” shall not include earnest money or preliminary
sales agreements, options or rights of first refusal.
(2) “Forfeiture remedy” means the
nonjudicial remedy whereby the seller cancels the contract for default,
declares the purchaser’s rights under the contract to be forfeited,
extinguishes the debt and retains sums previously paid thereunder by the buyer.
(3) “Purchase price” means the total price
for the interest in the real property as stated in the contract, including but
not limited to down payment, other property or value given or promised for
which a dollar value is stated in the contract and the balance of the purchase
price payable in installments, not including interest. If the contract provides
for the conveyance of an interest in more than one parcel of property, the
purchase price shall include only the portion of the price attributable to the
remaining, unconveyed interest in real property, if the value thereof is
separately stated or can be determined from the terms of the contract.
(4) “Purchaser” means any person who by
voluntary transfer acquires a contractual interest in real property, any
successor in interest to all or any part of the purchaser’s contract rights of
whom the seller has actual or constructive notice, and any person having a
subordinate lien or encumbrance of record, including, but not limited to, a
mortgagee, a beneficiary under a trust deed and a purchaser under a subordinate
contract for transfer or conveyance of an interest in real property.
(5) “Seller” means any person who
transfers or conveys an interest in real property, or any successor in interest
of the seller.
(6) “Unpaid balance” means the sum of the
unpaid principal balance, accrued unpaid interest and any sums actually paid by
the seller on behalf of the purchaser for items required to be paid by the
purchaser, including amounts paid for delinquent taxes, assessments or liens,
or to obtain or reinstate required insurance. [1985 c.718 §1]
93.910
Enforcement of forfeiture remedy after notice of default.
Whenever a contract for transfer or conveyance of an interest in real property
provides a forfeiture remedy, whether the remedy is self-executing or is
optional, forfeiture of the interest of a purchaser in default under the
contract may be enforced only after notice of the default has been given to the
purchaser as provided in ORS 93.915, notwithstanding any provision in the
contract to the contrary. [1985 c.718 §2]
93.913
Forfeiture allowed for default under certain collateral assignments of
interest. In the event of a default under a
collateral assignment of the interest of a seller or purchaser in a land sale
contract, including a collateral assignment of the proceeds thereof, the
assignee may enforce a remedy of forfeiture, as set forth in ORS 93.905 to
93.945, unless the agreement between the parties otherwise prohibits such
remedy. [1989 c.516 §3]
Note:
93.913 and 93.918 were added to and made a part of ORS chapter 93 by
legislative action but were not added to any series therein. See Preface to
Oregon Revised Statutes for further explanation.
93.915
Notice of default; contents; recordation; time of forfeiture; interim measures.
(1) In the event of a default under a contract for conveyance of real property,
a seller who wishes to enforce a forfeiture remedy must give written notice of
default by service pursuant to ORCP 7 D(2) and 7 D(3), or by both first class
and certified mail with return receipt requested, to the last-known address of
the following persons or their legal representatives, if any:
(a) The purchaser.
(b) An occupant of the property.
(c) Any person who has caused to be filed
for record in the county clerk’s office of a county in which any part or parcel
of the real property is situated, a duly acknowledged request for a copy of any
notice of default served upon or mailed to the purchaser. The request shall
contain the name and address of the person requesting copies of the notice and
shall identify the contract by stating the names of the parties to the
contract, the date of recordation of the contract and the book and page where
the contract is recorded. The county clerk shall immediately make a
cross-reference of the request to the contract, either on the margin of the
page where the contract is recorded or in some other suitable place. No
request, statement or notation placed on the record pursuant to this section
shall affect title to the property or be deemed notice to any person that any
person so recording the request has any right, title, interest in, lien or
charge upon the property referred to in the contract.
(2) Notices served by mail are effective
when mailed.
(3) The notice shall specify the nature of
the default, the amount of the default if the default is in the payment terms,
the date after which the contract will be forfeited if the purchaser does not
cure the default and the name and address of the seller or the attorney for the
seller. The period specified in the notice after which the contract will be
forfeited may not be less than:
(a) Sixty days, when the purchaser has
reduced the unpaid balance to an amount greater than 75 percent of the purchase
price;
(b) Ninety days, when the purchaser has
reduced the unpaid balance to an amount which is more than 50 percent but less
than 75 percent of the purchase price; or
(c) One hundred twenty days, when the
purchaser has reduced the unpaid balance to an amount which is 50 percent or
less of the purchase price.
(4) The seller shall cause to be recorded
in the real property records of each county in which any part of the property
is located a copy of the notice, together with an affidavit of service or
mailing of the notice of default, reciting the date the notice was served or
mailed and the name and address of each person to whom it was given. From the
date of recording, the notice and affidavit shall constitute constructive
notice to third persons of the pending forfeiture. If, not later than one year
after the time for cure stated in a recorded notice and affidavit or any
recorded extension thereof, no declaration of forfeiture based upon the
recorded notice and affidavit has been recorded and no extension of time for
cure executed by the seller has been recorded, the notice and affidavit shall
not be effective for any purpose nor shall it impart any constructive or other
notice to third persons acquiring an interest in the purchaser’s interest in
the contract or the property or any portion of either. Any extension of time
for cure executed by the seller shall be recorded in the same manner as the
original notice and affidavit.
(5) The statement contained in the notice
as to the time after which the contract will be forfeited if the default is not
cured shall conclusively be presumed to be correct, and the notice adequate,
unless one or more recipients of such notice notifies the seller or the
attorney for the seller, by registered or certified mail, that such recipient
claims the right to a longer period of time in which to cure the default.
(6) Subject to the procedural requirements
of the Oregon Rules of Civil Procedure, an action may be instituted to appoint
a receiver or to obtain a temporary restraining order during forfeiture under a
land sale contract, except that a receiver shall not be appointed with respect
to a single-family residence which is occupied at the time the notice of
default is given, as the principal residence of the purchaser, the purchaser’s
spouse or the purchaser’s minor dependent children. [1985 c.718 §3; 1987 c.717 §1;
1991 c.12 §1]
93.918
Continuation of proceedings after certain types of stay ordered by court;
procedures. (1) Except when a seller has
participated in obtaining a stay, contract forfeiture proceedings that are
stayed by order of the court, by proceedings in bankruptcy or for any other
lawful reason, shall continue after release from the stay as if uninterrupted,
if within 30 days after release the seller gives written amended notice of
default by certified mail with return receipt requested, to the last-known
address of those persons listed in ORS 93.915 (1). The amended notice of
default shall:
(a) Be given at least 20 days prior to the
amended date of forfeiture;
(b) Specify an amended date after which
the contract will be forfeited, which may be the same as the original
forfeiture date;
(c) Conform to the requirements of ORS
93.915 (3), except the time periods set forth therein; and
(d) State that the original forfeiture
proceedings were stayed and the date the stay terminated.
(2) The new date of forfeiture shall not
be sooner than the date of forfeiture as set forth in the seller’s notice of
default which was subject to the stay.
(3) Prior to the date of forfeiture, the
seller shall cause to be recorded in the real property records of each county
in which any part of the property is located, a copy of the amended notice of
default, together with an affidavit of service or mailing of the amended notice
of default, reciting the date the amended notice of default was served or
mailed and the name and address of each person to whom it was given. From the
date of its recording, the amended notice of default shall be subject to the
provisions of ORS 93.915 (4) and (5). [1989 c.516 §4]
Note:
See note under 93.913.
93.920
Curing default to avoid forfeiture; payment of costs and expenses.
A purchaser in default may avoid a forfeiture under the contract by curing the
default or defaults before expiration of the notice period provided in ORS
93.915. If the default consists of a failure to pay sums when due under the
contract, the default may be cured by paying the entire amount due, other than
sums that would not then be due had no default occurred, at the time of cure
under the terms of the contract. Any other default under the contract may be cured
by tendering the performance required under the contract. In addition to paying
the sums or tendering the performance necessary to cure the default, the person
effecting the cure of the default shall pay all costs and expenses actually
incurred in enforcing the contract, including, but not limited to, late
charges, attorney fees not to exceed $350 and costs of title search. [1985
c.718 §4; 1987 c.717 §2]
93.925
Failure to cure default; exclusiveness of notice.
Notwithstanding a seller’s waiver of prior defaults, if notice is given and
purchaser does not cure the default within the period specified in ORS 93.915,
the contract forfeiture remedy may be exercised and the contract shall not be
reinstated by any subsequent offer or tender of performance. The notice
required in ORS 93.915 shall be in lieu of any notice that may be required
under the terms of the contract itself, except where greater notice or notice
to persons other than those described in ORS 93.915 is required by the terms of
the contract, in which case notice shall be given for such longer period of
time and to such additional persons as required by the contract. [1985 c.718 §5]
93.930
Recording affidavit after forfeiture; affidavit as evidence.
(1) When a contract for conveyance of real property has been forfeited in
accordance with its terms after the seller has given notice to the purchaser as
provided in ORS 93.915, the seller shall record an affidavit with the property
description, a copy of the notice of default and proof of mailing attached,
setting forth that the default of the purchaser under the terms of the contract
was not cured within the time period provided in ORS 93.915 and that the
contract has been forfeited. When the affidavit is recorded in the deed records
of the county where the property described therein is located, the recitals
contained in the affidavit shall be prima facie evidence in any court of the
truth of the matters set forth therein, but the recitals shall be conclusive in
favor of a purchaser for value in good faith relying upon them.
(2) Except as otherwise provided in ORS
93.905 to 93.945 and except to the extent otherwise provided in the contract or
other agreement with the seller, forfeiture of a contract under ORS 93.905 to
93.930 shall have the following effects:
(a) The purchaser and all persons claiming
through the purchaser who were given the required notices pursuant to ORS
93.915, shall have no further rights in the contract or the property and no
person shall have any right, by statute or otherwise, to redeem the property.
The failure to give notice to any of these persons shall not affect the
validity of the forfeiture as to persons so notified;
(b) All sums previously paid under the
contract by or on behalf of the purchaser shall belong to and be retained by
the seller or other person to whom paid; and
(c) All of the rights of the purchaser to
all improvements made to the property at the time the declaration of forfeiture
is recorded shall be forfeited to the seller and the seller shall be entitled
to possession of the property on the 10th day after the declaration of
forfeiture is recorded. Any persons remaining in possession after that day
under any interest, except one prior to the contract, shall be deemed to be
tenants at sufferance. Such persons may be removed from possession by following
the procedures set out in ORS 105.105 to 105.168 or other applicable judicial
procedures.
(3) After the declaration of forfeiture is
recorded, the seller shall have no claim against the purchaser and the
purchaser shall not be liable to the seller for any portion of the purchase
price unpaid or for any other breach of the purchaser’s obligations under the
contract. [1985 c.718 §6; 1987 c.717 §3]
93.935
Effect of purchaser’s abandonment or reconveyance on interest, lien or claim.
(1) In the event of a default under a contract for conveyance of real property,
the recorded interest, lien or claim of a person with respect to the real
property, by virtue of an assignment, conveyance, contract, mortgage, trust
deed or other lien or claim from or through a purchaser, shall not be affected
by the purchaser’s abandonment or reconveyance to the seller unless the person
is given notice in the manner specified in ORS 93.915.
(2) The notice shall specify the nature of
the default, the amount of the default if the default is in the payment terms,
the date after which the purchaser’s interest in the real property will be
abandoned or reconveyed to the seller and the name and address of the seller or
the attorney for the seller. The period specified in the notice after which the
purchaser’s interest will be abandoned or reconveyed to the seller may not be
less than:
(a) Sixty days, when the purchaser has
reduced the unpaid balance to an amount greater than 75 percent of the purchase
price;
(b) Ninety days, when the purchaser has
reduced the unpaid balance to an amount which is more than 50 percent but less
than 75 percent of the purchase price; or
(c) One hundred twenty days, when the
purchaser has reduced the unpaid balance to an amount which is 50 percent or
less of the purchase price.
(3) If the person having an interest, lien
or claim with respect to the real property, by virtue of an assignment,
conveyance, contract, mortgage, trust deed or other lien or claim from or
through a purchaser whose interest arises under a contract for conveyance of
real property, cures the default as provided in ORS 93.920 then such person’s
interest, lien or claim with respect to the real property shall not be affected
by the purchaser’s abandonment or reconveyance to the seller. [1985 c.718 §7;
1987 c.225 §3]
93.940
Effect of seller’s foreclosure or other action on interest, lien or claim.
The recorded interest, lien or claim of a person with respect to the real
property, by virtue of an assignment, conveyance, contract, mortgage, trust
deed or other lien or claim from or through a purchaser whose interest arises
under a contract for conveyance of real property, shall be not affected by the
seller’s foreclosure or other action on the contract unless such person is made
a party to the action brought by the seller to enforce or foreclose the
contract. In such action, such person shall be entitled to the same rights and
opportunities to cure the purchaser’s default or satisfy the purchaser’s
obligations as are granted the purchaser. [1985 c.718 §8; 1987 c.225 §4]
93.945
Application of ORS 93.910 to 93.940. (1) The
provisions of ORS 93.910 to 93.930 shall apply only to forfeiture remedies
enforced after July 13, 1985. The date that the initial written notice of a
default is given to the purchaser shall be the date of enforcement of the
forfeiture remedy.
(2) The provisions of ORS 93.935 and
93.940 shall apply to all contracts for transfer or conveyance of an interest
in real property, whether executed on, before or after July 13, 1985. [1985
c.718 §§9,10]
UNIFORM
REAL PROPERTY TRANSFER ON DEATH ACT
93.948
URPTDA 1. Short title. ORS 93.948 to 93.979 may be
cited as the Uniform Real Property Transfer on Death Act. [2011 c.212 §1]
Note:
93.948 to 93.985 were enacted into law by the Legislative Assembly but were 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.
93.949
URPTDA 2. Definitions. As used in ORS 93.948 to 93.979:
(1) “Beneficiary” means a person that
receives property under a transfer on death deed.
(2) “Designated beneficiary” means a
person designated to receive property in a transfer on death deed.
(3) “Joint owner” means a joint tenant, a
tenant by the entirety and any other co-owner of property that is held in a
manner that entitles one or more of the owners to ownership of the whole of the
property upon the death of one or more of the other owners.
(4) “Person” means an individual,
corporation, business trust, personal representative, trustee, partnership,
limited liability company, association, joint venture, public corporation,
government or governmental subdivision, agency or instrumentality or any other
legal or commercial entity.
(5) “Property” means an interest in real
property located in this state.
(6) “Transfer on death deed” means a deed
that conveys property to a designated beneficiary at the transferor’s death.
(7) “Transferor” means an individual who
makes a transfer on death deed. [2011 c.212 §2]
Note:
See note under 93.948.
93.950
URPTDA 3. Applicability. ORS 93.948 to 93.979 apply to a
transfer on death deed made before, on or after January 1, 2012, by a
transferor dying on or after January 1, 2012. [2011 c.212 §3]
Note:
See note under 93.948.
93.951
URPTDA 4. Nonexclusivity. ORS 93.948 to 93.979 do not
affect any method of transferring property otherwise permitted by the law of
this state. [2011 c.212 §4]
Note:
See note under 93.948.
93.953
URPTDA 5. Authority for transfer on death deed.
(1) An individual may transfer property to one or more designated beneficiaries
effective at the transferor’s death by a transfer on death deed.
(2) The individual may designate one or
more:
(a) Primary beneficiaries; and
(b) Alternate beneficiaries who take the
property only if none of the primary beneficiaries is qualified or survives the
transferor. [2011 c.212 §5]
Note:
See note under 93.948.
93.955
URPTDA 6. Revocability of transfer on death deed.
A transfer on death deed is revocable even if the deed or another instrument
contains a contrary provision. [2011 c.212 §6]
Note:
See note under 93.948.
93.957
URPTDA 7. Nontestamentary nature of transfer on death deed.
A transfer on death deed is nontestamentary. [2011 c.212 §7]
Note:
See note under 93.948.
93.959
URPTDA 8. Capacity of transferor; fraud, duress or undue influence.
(1) The capacity required to make or revoke a transfer on death deed is the
same as the capacity required to make a will.
(2) A transfer on death deed or an
instrument revoking a transfer on death deed that is procured by fraud, duress
or undue influence is void.
(3) A proceeding must be commenced not
later than 18 months after the transferor’s death to:
(a) Contest the capacity of the
transferor; or
(b) Determine whether a transfer on death
deed or an instrument revoking a transfer on death deed is void because it was
procured by fraud, duress or undue influence. [2011 c.212 §8]
Note:
See note under 93.948.
93.961
URPTDA 9. Requirements. (1) A transfer on death deed:
(a) Except as provided otherwise in
paragraph (b) of this subsection, must contain the essential elements and
formalities of a properly recordable inter vivos deed;
(b) Must state that the transfer to the
designated beneficiary is to occur at the transferor’s death;
(c) Must identify the designated
beneficiary by name; and
(d) Must be recorded before the transferor’s
death in the deed records in the office of the county clerk for the county in
which the property is located.
(2) A beneficiary designation that
identifies beneficiaries only as members of a class is void. [2011 c.212 §9]
Note:
See note under 93.948.
93.963
URPTDA 10. Notice; delivery; acceptance; consideration.
A transfer on death deed is effective without:
(1) Notice or delivery to, or acceptance
by, the designated beneficiary during the transferor’s life; or
(2) Consideration. [2011 c.212 §10]
Note:
See note under 93.948.
93.965
URPTDA 11. Revocation by instrument; revocation by act.
(1) An instrument is effective to revoke a recorded transfer on death deed, or
any part of it, only if the instrument:
(a) Is acknowledged by the transferor
after the transferor acknowledges the deed to be revoked;
(b) Is recorded before the transferor’s
death in the deed records of the county in which the property is located; and
(c) Is one of the following:
(A) A transfer on death deed that revokes
the deed, or part of the deed, expressly or by inconsistency;
(B) An instrument of revocation that
expressly revokes the deed, or part of the deed; or
(C) An inter vivos deed that transfers an
interest in property that is the subject of a transfer on death deed to the
extent of the interest in property transferred by the inter vivos deed.
(2) If authority is expressly granted by
the transfer on death deed, a designated agent of the transferor may revoke the
transfer on death deed as provided in this section.
(3) If a transfer on death deed is made by
more than one transferor, revocation by one transferor does not affect the
transfer of another transferor’s interest in property by the transfer on death
deed.
(4) After a transfer on death deed is
recorded, the deed may not be revoked by a revocatory act on the deed.
(5) This section does not limit the effect
of an inter vivos transfer of the property. [2011 c.212 §11]
Note:
See note under 93.948.
93.967
URPTDA 12. Effect of transfer on death deed during transferor’s life.
During a transferor’s life, a transfer on death deed does not:
(1) Affect an interest or right of the
transferor or any other owner, including the right to transfer or encumber the
property;
(2) Affect an interest or right of a
designated beneficiary, even if the designated beneficiary has actual or
constructive notice of the deed;
(3) Affect an interest or right of a
secured, unsecured or future creditor of the transferor even if the creditor
has actual or constructive notice of the deed;
(4) Affect the eligibility of the
transferor or a designated beneficiary for any form of public assistance;
(5) Create a legal or equitable interest
in favor of the designated beneficiary; or
(6) Subject the property to claims or
process of a secured, unsecured or future creditor of the designated
beneficiary. [2011 c.212 §12]
Note:
See note under 93.948.
93.969
URPTDA 13. Effect of transfer on death deed at transferor’s death.
(1) Except as provided otherwise in the transfer on death deed and subject to
ORS 107.115, 112.455 to 112.555 or 112.570 to 112.590 and ORS 93.981, 93.983
and 93.985, when a transferor dies, the following rules apply to property that
is subject to a transfer on death deed and owned by the transferor at death:
(a) A designated beneficiary’s interest in
the property:
(A) Is transferred to the designated
beneficiary in accordance with the deed if the designated beneficiary survives
the transferor; or
(B) Lapses if the designated beneficiary
does not survive the transferor.
(b) If the transferor has identified
multiple designated beneficiaries to receive concurrent interests in the
property:
(A) Concurrent interests are transferred
to the designated beneficiaries in equal and undivided shares with no right of
survivorship; and
(B) The share of a designated beneficiary
that lapses or fails for any reason is transferred to the remaining designated
beneficiaries in proportion to the interest of each designated beneficiary in
the remaining part of the property held concurrently.
(2) A beneficiary takes the property
subject to all conveyances, encumbrances, assignments, contracts, mortgages,
liens and other interests to which the property is subject at the transferor’s
death, including a claim or lien by a state authorized to seek public
assistance reimbursement if assets of the transferor’s probate estate are
insufficient to pay the amount of the claim or lien.
(3) If a transferor is a joint owner and
is:
(a) Survived by one or more joint owners,
the property subject to a transfer on death deed belongs to the surviving joint
owners with a right of survivorship.
(b) The last surviving joint owner, the
transfer on death deed is effective.
(4) A transfer on death deed transfers
property without covenant or warranty of title even if the deed contains a
contrary provision. [2011 c.212 §13]
Note:
See note under 93.948.
93.971
URPTDA 14. Disclaimer. A beneficiary may disclaim all
or part of the beneficiary’s interest as provided by ORS 105.623 to 105.649. [2011
c.212 §14]
Note:
See note under 93.948.
93.973
URPTDA 15. Liability for creditor claims and statutory allowances.
(1) A transferor’s estate may enforce a liability against property transferred
at the death of the transferor by a transfer on death deed to the extent that
the probate estate of the transferor is insufficient to satisfy:
(a) A claim allowed or established by
summary determination or separate action under ORS 114.505 to 114.560 or under
ORS chapter 115 against the probate estate; or
(b) A statutory allowance to a surviving
spouse or child under ORS 114.015.
(2) If the same transferor transfers multiple
properties by one or more transfer on death deeds, the liability under this
section is apportioned among the transferred properties in proportion to the
net value of each transferred property at the transferor’s death.
(3) A proceeding must be commenced not
later than 18 months after the transferor’s death to enforce the liability
under this section. [2011 c.212 §15]
Note:
See note under 93.948.
93.975
URPTDA 16. Form of transfer on death deed. ORS
93.948 to 93.979 govern the effect of an instrument used to create a transfer
on death deed. The following form may be used to create a transfer on death
deed:
______________________________________________________________________________
TRANSFER ON DEATH DEED
(ORS 93.948 to 93.979)
NOTICE
TO OWNER
You should carefully read all information
on this form. You may want to consult a lawyer before using this form.
This form must be recorded before your
death or it will not be effective.
TAX STATEMENT
Until a change is requested, the county
clerk shall send tax statements to the following address: _______________
IDENTIFYING INFORMATION
Owner or Owners Making This Deed:
Printed name: _________
Mailing address: _________
Printed name: _________
Mailing address: _________
Legal description of the property:
_______________
PRIMARY BENEFICIARY
I designate the following beneficiary if
the beneficiary survives me:
Printed name: _________
Mailing address, if available:
_______________
ALTERNATE BENEFICIARY
(Optional)
If my primary beneficiary does not survive
me, I designate the following alternate beneficiary if that beneficiary
survives me:
Printed name: _________
Mailing address, if available:
_______________
TRANSFER ON DEATH
At my death, I transfer my interest in the
described property to the beneficiaries as designated above.
Before my death, I have the right to
revoke this deed.
SPECIAL TERMS
(Optional)
_______________
RETURN OF DEED
After recording, the county clerk shall
return the deed to: _______________
SIGNATURE OF OWNER OR OWNERS
MAKING THIS DEED
Signature: _________
Date: _________
Signature: _________
Date: _________
State of _________
County of _________
This instrument was acknowledged before me
on ___ (date) by _________. (name(s) of person(s))
_______________
(Signature of notarial officer)
(Seal, if any)
_______________
Title (and Rank)
My commission expires: _________
______________________________________________________________________________
[2011
c.212 §16]
Note:
See note under 93.948.
93.977
URPTDA 17. Form of instrument revoking transfer on death deed.
ORS 93.948 to 93.979 govern the effect of an instrument used to revoke a
transfer on death deed. The following form may be used to create an instrument
revoking a transfer on death deed:
______________________________________________________________________________
INSTRUMENT REVOKING
TRANSFER ON DEATH DEED
NOTICE TO OWNER
This instrument revoking a transfer on
death deed must be recorded before you die or it will not be effective. This instrument
is effective only as to the interests in the property of the owner who signs
this instrument.
IDENTIFYING INFORMATION
Owner or Owners of Property Making This
Instrument of Revocation:
Printed name: _________
Mailing address: _________
Printed name: _________
Mailing address: _________
Legal description of the property:
_______________
REVOCATION
I hereby revoke all my previous transfers
of this property by transfer on death deed.
RETURN OF INSTRUMENT
After recording, the county clerk shall
return the instrument to: _________
SIGNATURE OF OWNER OR OWNERS
MAKING THIS DEED
Signature: _________
Date: _________
Signature: _________
Date: _________
State of _________
County of _________
This instrument was acknowledged before me
on ___ (date) by _________. (name(s) of person(s))
_______________
(Signature of notarial officer)
(Seal, if any)
_______________
Title (and Rank)
My commission expires: _________
______________________________________________________________________________
[2011
c.212 §17]
Note:
See note under 93.948.
93.979
Relation to Electronic Signatures in Global and National Commerce Act.
ORS 93.948 to 93.979 modify, limit and supersede the federal Electronic
Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but do
not modify, limit or supersede 15 U.S.C. 7001(c), or authorize electronic
delivery of a notice described in 15 U.S.C. 7003(b). [2011 c.212 §18]
Note:
See note under 93.948.
93.981
Effect of divorce or annulment on transfer on death deed.
Unless a transfer on death deed provided for under ORS 93.948 to 93.979
evidences a different intent of the transferor, the divorce or annulment of the
marriage of the transferor after the recording of the transfer on death deed
revokes all provisions in the transfer on death deed in favor of the former
spouse of the transferor and the effect of the transfer on death deed is the
same as though the former spouse did not survive the transferor. [2011 c.212 §19]
Note:
See note under 93.948.
93.983
Transfer to parent who deserted or neglected transferor.
(1) Property that would pass by transfer on death deed under ORS 93.948 to
93.979 from a deceased transferor to a parent of the deceased transferor shall
pass and be vested as if the parent had predeceased the transferor if the
transferor was an adult when the transferor died and:
(a) The parent of the transferor willfully
deserted the transferor for the 10-year period immediately preceding the date
on which the transferor became an adult; or
(b) The parent neglected without just and
sufficient cause to provide proper care and maintenance for the transferor for
the 10-year period immediately preceding the date on which the transferor
became an adult.
(2) Property that would pass by transfer
on death deed under ORS 93.948 to 93.979 from the deceased transferor to a
parent of the deceased transferor shall pass and be vested as if the parent had
predeceased the transferor if the transferor was a minor when the transferor
died and:
(a) The parent of the transferor willfully
deserted the transferor for the life of the transferor or for the 10-year
period immediately preceding the date on which the transferor died; or
(b) The parent neglected without just and
sufficient cause to provide proper care and maintenance for the transferor for
the life of the transferor or for the 10-year period immediately preceding the
date on which the transferor died.
(3) For the purposes of subsections (1)
and (2) of this section, the court may disregard incidental visitations,
communications and contributions in determining whether a parent willfully
deserted the deceased transferor or neglected without just and sufficient cause
to provide proper care and maintenance for the transferor.
(4) For the purposes of subsections (1)
and (2) of this section, in determining whether the parent willfully deserted
the deceased transferor or neglected without just and sufficient cause to
provide proper care and maintenance for the deceased transferor, the court may
consider whether a custodial parent or other custodian attempted, without good
cause, to prevent or to impede contact between the transferor and the parent
whose transfer would be forfeited under this section.
(5) The transfer of property, as defined
in ORS 93.949, to a parent of a deceased transferor may be forfeited under this
section only pursuant to an order of the court entered after the filing of a
petition under ORS 93.985. A petition filed under ORS 113.035 may not request
the forfeiture of a transfer by a transfer on death deed of a parent of a
deceased transferor under this section. [2011 c.212 §20]
Note:
See note under 93.948.
93.985
Forfeiture of transfer by parent who deserted or neglected transferor.
(1) A petition may be filed in probate proceedings to assert that the interest
in property, as defined in ORS 93.949, transferred by a transfer on death deed
to a parent of a deceased transferor is subject to forfeiture under ORS
112.047. A petition may be filed under this section only by a person who would
be benefited by a forfeiture of the parent’s share.
(2) A petition under this section must be
filed not later than:
(a) Four months after the date of delivery
or mailing of the information described in ORS 113.145 if that information was
required to be delivered or mailed to the person on whose behalf the petition
is filed; or
(b) Four months after the first
publication of notice to interested persons if the person on whose behalf the
petition is filed was not required to be named as an interested person in the
petition for appointment of a personal representative.
(3) The petitioner has the burden of
proving the facts alleged in a petition filed under this section by clear and
convincing evidence. [2011 c.212 §21]
Note:
See note under 93.948.
Note:
Sections 29 and 31, chapter 212, Oregon Laws 2011, provide:
Sec.
29. The Oregon Law Commission shall make a
copy of the commentary approved by the commission for the provisions of
sections 1 to 21 of this 2011 Act [93.948 to 93.985] and the amendments to ORS
86.740, 93.030, 93.040, 107.115, 112.465, 112.570 and 125.440 by sections 22 to
28 of this 2011 Act available on a website maintained by the commission. [2011
c.212 §29]
Sec.
31. Sections 19 to 21 of this 2011 Act
[93.981 to 93.985] and the amendments to ORS 86.740, 93.030, 93.040, 107.115,
112.465, 112.570 and 125.440 by sections 22 to 28 of this 2011 Act apply to a
transfer on death deed made before, on or after the effective date of this 2011
Act [January 1, 2012] by a transferor dying on or after the effective date of
this 2011 Act. [2011 c.212 §31]
PENALTIES
93.990
Penalties. (1) The giving of a false statement of
the true and actual consideration as required by ORS 93.030 is a Class A
violation.
(2) Any person served with the subpoena
mentioned in ORS 93.460 who, without reasonable cause, refuses or neglects to
appear, or appearing refuses to answer upon oath touching the matter mentioned
in ORS 93.460 shall forfeit to the injured party $100. The person may also be
committed to prison as for a contempt by the officer who issued the subpoena
until the person submits to answer on oath as aforesaid.
(3) Violation of ORS 93.635 is a Class D
violation. [Subsection (1) enacted as 1967 c.462 §2; subsection (3) enacted as
1975 c.618 §4; 1977 c.724 §2; 1999 c.1051 §149]
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