2007 Oregon Code - Chapter 93 :: Chapter 93 - Conveyancing and Recording
Chapter 93 — Conveyancing
and Recording
2007 EDITION
CONVEYANCING AND RECORDING
PROPERTY RIGHTS AND TRANSACTIONS
GENERAL REQUIREMENTS FOR DISPOSITION OF
REALTY
93.010Â Â Â Â Â Â Conveyances,
how made
93.020Â Â Â Â Â Â Creating,
transferring or declaring estates or interests in realty
93.030Â Â Â Â Â Â Contracts
to convey, instruments of conveyance and related memoranda to state
consideration
93.040Â Â Â Â Â Â Mandatory
statements for sales agreements, earnest money receipts or other instruments
for conveyance of fee title to real property; liability of drafter and recorder
93.050Â Â Â Â Â Â Gift
or conveyance of life estate
SPECIAL MATTERS IN PARTICULAR CONVEYANCES
93.110Â Â Â Â Â Â Quitclaim
deed sufficient to pass estate
93.120Â Â Â Â Â Â Words
of inheritance unnecessary to convey fee; conveyances deemed to convey all grantorÂ’s
estate
93.130Â Â Â Â Â Â Conveyance
of land in adverse possession of another
93.140Â Â Â Â Â Â Implied
covenants
93.150Â Â Â Â Â Â Conveyance
by tenant of greater estate than that possessed
93.160Â Â Â Â Â Â Conveyance
by reversioners and remainderpersons to life tenant vests fee
93.180Â Â Â Â Â Â Forms
of tenancy in conveyance or devise to two or more persons
93.190Â Â Â Â Â Â Trustees
or personal representatives as joint tenants; filling vacancies in office
93.200Â Â Â Â Â Â Trustees
or executors now hold as joint tenants
93.210Â Â Â Â Â Â Presumption
respecting deed from trustee of undisclosed beneficiary
93.220Â Â Â Â Â Â Release,
limitation or restriction of power of appointment
93.230Â Â Â Â Â Â Copy
of Department of State Lands deed or patent given when original lost
93.240Â Â Â Â Â Â Rights
to deferred installments of purchase price where two or more persons join as
sellers of real property
93.250Â Â Â Â Â Â Effect
of conveyance creating fee simple conditional or fee tail
93.260Â Â Â Â Â Â Tax
statement information required in conveyancing instrument
93.265Â Â Â Â Â Â Notice
to real property manager of certain actions; procedures; effect on title
93.268Â Â Â Â Â Â Notice
to Department of Human Services of transfer or encumbrance of real property by
title insurance company; rules
93.270Â Â Â Â Â Â Certain
discriminatory restrictions in conveyancing instruments prohibited; restriction
on right of action
93.272Â Â Â Â Â Â Procedure
for removal of certain discriminatory restrictions
93.275Â Â Â Â Â Â Incidents
not material facts to real property transaction; legislative findings
93.280Â Â Â Â Â Â Manner
of conveyance to create joint property rights
UNIFORM VENDOR AND PURCHASER RISK ACT
93.290Â Â Â Â Â Â Risk
of loss after contract to sell realty has been executed
93.295Â Â Â Â Â Â Construction
of ORS 93.290 to 93.300
93.300Â Â Â Â Â Â Short
title
DESCRIPTIONS, INCLUDING THE
93.310Â Â Â Â Â Â Rules
for construing description of real property
93.320Â Â Â Â Â Â Oregon
Coordinate System; zones
93.330Â Â Â Â Â Â Definition
93.350Â Â Â Â Â Â Plane
coordinates
93.360Â Â Â Â Â Â Coordinates
excluded from recordation
93.370Â Â Â Â Â Â Description
as supplemental
93.380Â Â Â Â Â Â Purchaser
or mortgagee not required to rely on description
EXECUTION, ACKNOWLEDGMENT AND PROOF OF
INSTRUMENTS
93.410Â Â Â Â Â Â Execution
and acknowledgment of deeds
93.420Â Â Â Â Â Â Execution
of deed where personal representative, guardian or conservator is unable or
refuses to act
93.440Â Â Â Â Â Â Proof
of execution by subscribing witness
93.450Â Â Â Â Â Â Proof
where witnesses are dead or absent
93.460Â Â Â Â Â Â Subpoena
to compel witness to testify to execution of deed
93.470Â Â Â Â Â Â Indorsement
of certificate of proof
93.480Â Â Â Â Â Â Deed
acknowledged or proved as evidence; recordability
93.530Â Â Â Â Â Â Execution,
acknowledgment and recordation of assignments of sheriffsÂ’ certificates of sale
RECORDATION AND ITS EFFECTS
93.600Â Â Â Â Â Â Description
of real property for purposes of recordation
93.610Â Â Â Â Â Â Separate
books for recording deeds and mortgages; consolidated index
93.620Â Â Â Â Â Â Time
and place of recording; certification
93.630Â Â Â Â Â Â Index
to record of deeds, mortgages and other real property interests
93.635Â Â Â Â Â Â Acknowledgment
and recording of instruments contracting to convey fee title
93.640Â Â Â Â Â Â Unrecorded
instrument affecting title or unrecorded assignment of sheriffÂ’s certificate of
sale void as to subsequent purchaser
93.643Â Â Â Â Â Â Method
of giving constructive notice of interest in real property; electronic lien
records
93.645Â Â Â Â Â Â Priority
of purchaser; extinguishing judgment lien; right of judgment creditor; “judgment”
defined
93.650Â Â Â Â Â Â Effect
of record or certified transcript in evidence
93.660Â Â Â Â Â Â Effect
of abstract of title as evidence
93.670Â Â Â Â Â Â Power
of attorney and executory contract for sale or purchase of lands;
recordability; effect as evidence; revocation
93.680Â Â Â Â Â Â Patents,
judgments and official grants; recordability; evidence
93.690Â Â Â Â Â Â Recording
of instruments evidencing passage of title to land from
93.710Â Â Â Â Â Â Instruments
or memoranda creating certain interests in realty; contents; reforestation
order; effect of recording
93.730Â Â Â Â Â Â Recordation
of judgment in other counties
93.740Â Â Â Â Â Â Notice
of lis pendens; contents; recordation; effect; discharge
93.760Â Â Â Â Â Â Recordability
of documents, orders and decrees of the United States District Court
93.770Â Â Â Â Â Â Recordability
of notices of bankruptcy and petitions, orders and judgments from bankruptcy
cases
93.780Â Â Â Â Â Â Place
of recording of instrument containing clauses of a mortgage or trust deed;
county clerk to do recording; “Master Form”
93.790Â Â Â Â Â Â Effect
of recording master form instrument; effect of incorporation by reference in
mortgage or trust deed; effect of deviation
93.800Â Â Â Â Â Â Matter
not to be recorded when accompanying mortgage or trust deed; liability for
nonrecording
93.802Â Â Â Â Â Â Recording
of short form mortgage or short form trust deed
93.804Â Â Â Â Â Â Requirement
for original signatures for recording; recordation of certified copies
93.806Â Â Â Â Â Â Recordation
of instrument creating certain liens
93.808Â Â Â Â Â Â Approval
of governmental unit required to record certain instruments
VALIDATING AND CURATIVE ACTS
93.810Â Â Â Â Â Â Validating
and curative Acts
DEED FORMS
93.850Â Â Â Â Â Â Warranty
deed form; effect
93.855Â Â Â Â Â Â Special
warranty deed form; effect
93.860Â Â Â Â Â Â Bargain
and sale deed form; effect
93.865Â Â Â Â Â Â Quitclaim
deed form; effect
93.870Â Â Â Â Â Â Statutory
deed forms optional
FORFEITURE UNDER LAND SALES CONTRACT
93.905Â Â Â Â Â Â Definitions
for ORS 93.905 to 93.940
93.910Â Â Â Â Â Â Enforcement
of forfeiture remedy after notice of default
93.913Â Â Â Â Â Â Forfeiture
allowed for default under certain collateral assignments of interest
93.915Â Â Â Â Â Â Notice
of default; contents; recordation; time of forfeiture; interim measures
93.918Â Â Â Â Â Â Continuation
of proceedings after certain types of stay ordered by court; procedures
93.920Â Â Â Â Â Â Curing
default to avoid forfeiture; payment of costs and expenses
93.925Â Â Â Â Â Â Failure
to cure default; exclusiveness of notice
93.930Â Â Â Â Â Â Recording
affidavit after forfeiture; affidavit as evidence
93.935Â Â Â Â Â Â Effect
of purchaserÂ’s abandonment or reconveyance on interest, lien or claim
93.940Â Â Â Â Â Â Effect
of sellerÂ’s foreclosure or other action on interest, lien or claim
93.945Â Â Â Â Â Â Application
of ORS 93.910 to 93.940
PENALTIES
93.990Â Â Â Â Â Â 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 such instruments the true and actual
consideration paid for such 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 such 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.
No particular form is required for the statement so long as the requirements of
this section are reasonably met.
     (5) No instrument conveying or contracting
to convey fee title to any real estate nor any memorandum of such an instrument
shall 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) This section applies to instruments
executed on or after January 1, 1968. [1967 c.462 §§1,3; 1967 s.s. c.7 §1; 1977
c.605 §1; 1999 c.654 §7]
     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 ownerÂ’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 PERSONÂ’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. 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.”
     (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
     (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. ORS 358.515 REQUIRES NOTIFICATION TO THE STATE HISTORIC PRESERVATION
OFFICER OF
     (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. [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]
     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 grantorÂ’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 clerkÂ’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 Department of Human Services of transfer or encumbrance of real
property by title insurance company; rules. (1) 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 Department of Human
Services 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.
     (2) If the Department of Human Services
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 (1)(a) of this section for the affected real property.
     (3) The Department of Human Services shall
adopt by rule a model form for notice of transfer or encumbrance required by
subsection (1)(a) of this section. A title insurance company or agent shall use
the model form or a form substantially similar to the model form when notifying
the department under subsection (1)(a) of this section. [2003 c.638 §3]
     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.
     93.270
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 such purpose a provision:
     (a) Restricting the use of the real
property by any person or group of persons by reason of color, race, religion,
national origin or physical or mental disability.
     (b) Restricting the use of the real
property by any home or facility that is licensed by or under the authority of
the department 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 such 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]
     Note: The amendments to 93.270 by section 16,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 93.270 by section 16, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 93.270, as amended by section
16, chapter 100, Oregon Laws 2007, and including amendments by section 20,
chapter 70, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     93.270. (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 by or under the authority of
the department 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.
     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 ownerÂ’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 convicted
sex offender registered under ORS 181.595, 181.596 or 181.597 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]
     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
     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.
     93.320
     (2) For the purpose of the use of these
systems the state is divided into a “north zone” and a “south zone.”
     (3) The area included in the following
counties on June 16, 1945, constitutes the north zone: Baker,
     (4) The area included in the following
counties on June 16, 1945, constitutes the south zone: Coos, Crook, Curry,
Deschutes, Douglas, Harney,
     (5) Any document submitted for recording
that utilizes an Oregon Coordinate System shall use only one specified zone and
system for the entire document.
     (6) The use of the term “Oregon Coordinate
System” on any document submitted for filing as a public record is limited to
coordinates based on the Oregon coordinate systems as defined in ORS 93.330 and
must include appropriate system date and zone designations. [Amended by 1985
c.202 §1]
     93.330
Definition. (1) For more
precisely defining the
     (a) The Oregon Coordinate System of 1927,
north zone, is a Lambert conformal projection of the Clarke Spheroid of 1866,
having standard parallels at north latitudes 44 degrees 20 minutes and 46
degrees 00 minutes, along which parallels the scale shall be exact. The origin
of coordinates is at the intersection of the meridian 120 degrees 30 minutes
west of Greenwich and the parallel 43 degrees 40 minutes north latitude. This
origin is given the coordinates: x−2,000,000
survey feet and y−0 survey feet,
where one survey foot equals 1,200 divided by 3,937 meters exactly.
     (b) The Oregon Coordinate System of 1927,
south zone, is a Lambert conformal projection of the Clarke Spheroid of 1866,
having standard parallels at north latitudes 42 degrees 20 minutes and 44
degrees 00 minutes along which parallels the scale shall be exact. The origin
of coordinates is at the intersection of the meridian 120 degrees 30 minutes
west of Greenwich and the parallel 41 degrees 40 minutes north latitude. This
origin is given the coordinates: x−2,000,000
survey feet and y−0 survey feet,
where one survey foot equals 1,200 divided by 3,937 meters exactly.
     (c) The Oregon Coordinate System of 1983,
north zone, is a Lambert conformal projection of the Geodetic Reference System
of 1980, having standard parallels at north latitudes 44 degrees 20 minutes and
46 degrees 00 minutes, along which parallels the scale shall be exact. The
origin of coordinates is at the intersection of the meridian 120 degrees 30
minutes west of Greenwich and the parallel 43 degrees 40 minutes north
latitude. This origin is given the coordinates: x−2,500,000
meters (8,202,099.74 feet) and y−0
meters (0 feet), where one foot equals 0.3048 meters exactly.
     (d) The Oregon Coordinate System of 1983,
south zone, is a Lambert conformal projection of the Geodetic Reference System
of 1980, having standard parallels at north latitudes 42 degrees 20 minutes and
44 degrees 00 minutes, along which parallels the scale shall be exact. The
origin of coordinates is at the intersection of the meridian 120 degrees 30
minutes west of Greenwich and the parallel 41 degrees 40 minutes north
latitude. This origin is given the coordinates: x−1,500,000
meters (4,921,259.84 feet) and y−0
meters (0 feet), where one foot equals 0.3048 meters exactly.
     (2) The position of the Oregon Coordinate
System shall be as marked on the ground by monumented horizontal control
stations established in conformity with the standards and specifications
adopted by the Federal Geodetic Control Committee for first-order and
second-order geodetic surveying, whose geodetic positions have been rigidly
adjusted on the North American datum of 1927 or 1983, and whose coordinates
have been computed on a system defined in this section. Any such station may be
used for establishing a survey connection with the Oregon Coordinate System.
     (3) Nothing in this section is intended to
limit the use of any coordinate system not identified as the “Oregon Coordinate
System.” [Amended by 1985 c.202 §2]
     93.340 [Repealed by 1985 c.202 §7]
     93.350
Plane coordinates. The plane
coordinates of a point on the earthÂ’s surface, used in expressing the position
of such point, shall consist of two distances, expressed in meters and decimals
of a meter or feet and decimals of a foot. One of these distances, to be known
as the “x-coordinate,” shall give the position in an east and west direction;
the other, to be known as the “y-coordinate,” shall give the position in a
north and south direction. These coordinates shall be made to depend upon and
conform to the coordinates, on the Oregon Coordinate System, of the
triangulation and traverse stations of the National Geodetic Survey of the
National Ocean Service within the State of
     93.360
Coordinates excluded from recordation. No coordinates based on the Oregon Coordinate System, purporting to
define the position of a point on a land boundary, shall be presented to be
recorded in any public land records or deed records unless:
     (1) Those coordinates were established in
conformity with the standards and specifications adopted by the Federal
Geodetic Control Committee for third-order geodetic surveying and are based
upon horizontal control stations established in conformity with ORS 93.330 (2);
and
     (2) That point is within one mile of a
horizontal control station established in conformity with ORS 93.330 (2). However,
an authorized state agency, city or county may modify the one-mile limitation
to meet local conditions. [Amended by 1979 c.129 §1; 1985 c.202 §4]
     93.370
Description as supplemental.
Distances, angles and areas derived by the use of the Oregon Coordinate System
in compliance with the standards described in ORS 93.360 may be used in the
basic description of any tract of land. If the coordinates based on the Oregon
Coordinate System are used in the description of any tract of land, they shall
be used only in addition to the basic description. [Amended by 1985 c.202 §5]
     93.380
Purchaser or mortgagee not required to rely on description. Nothing contained in ORS 93.320 to 93.370
requires any purchaser or mortgagee to rely on a description, any part of which
consists only of coordinates. [Amended by 1985 c.202 §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 sheriffsÂ’ certificates
of sale. All assignments of
sheriffsÂ’ 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 sheriffÂ’s
certificate of sale void as to subsequent purchaser. (1) Every conveyance, deed, land sale
contract, assignment of all or any portion of a sellerÂ’s or purchaserÂ’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 sellerÂ’s or purchaserÂ’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
sellerÂ’s or purchaserÂ’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
vendorÂ’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
     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 clerkÂ’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
     (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
     (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 personÂ’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
     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
PlaintiffÂ’s attorney
Name: _________________
Address: _______________
_____________________
_____________________
Phone No.: ________
STATE OF
                                              )          ss.
County of _____Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â )
     The foregoing instrument was acknowledged
before me this ___ day of ______, 2___ by ____________.
__________________
Notary Public for
My commission expires: _________
STATE OF
                                              )          ss.
County of _____Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â )
     The foregoing instrument was acknowledged
before me this ___ day of ______, 2___ by ____________ of ____________, a
corporation, on behalf of the corporation.
__________________
Notary Public for
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
     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. (1) Except as
provided in subsection (2) of this section, when any instrument presented for
recording conveys an interest in real property and is required by law to be
acknowledged or proved, a county clerk shall 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 when the
recording of a certified copy of the instrument is authorized by law and the
instrument contains the original certification of the certifying officer. [1991
c.230 §21]
     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
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 State Land Board prior to 1885 where
original deed was lost.
     (3) Defective acknowledgments of married
women to conveyances prior to 1891.
     (4) Foreign instruments executed prior to
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. [Amended by 1973 c.823 §96; 2003 c.14 §36; 2003 c.576 §355]
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 purchaserÂ’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 purchaserÂ’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 clerkÂ’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 purchaserÂ’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 purchaserÂ’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 sellerÂ’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 sellerÂ’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 purchaserÂ’s obligations under the
contract. [1985 c.718 §6; 1987 c.717 §3]
     93.935
Effect of purchaserÂ’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 purchaserÂ’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 purchaserÂ’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
purchaserÂ’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 personÂ’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 sellerÂ’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 sellerÂ’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 purchaserÂ’s
default or satisfy the purchaserÂ’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]
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]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.