Chapter 93

Chapter 932011 EDITION

Conveyancing and Recording

GENERAL REQUIREMENTS FORDISPOSITION OF REALTY

93.010 Conveyances, how made93.020 Creating, transferring or declaring estates

or interests in realty93.030 Contracts to convey, instruments of con-

veyance and related memoranda to stateconsideration

93.040 Mandatory statements for sales agree-ments, earnest money receipts or otherinstruments for conveyance of fee title toreal property; liability of drafter and re-corder

93.050 Gift or conveyance of life estate

SPECIAL MATTERS IN PARTICULARCONVEYANCES

93.110 Quitclaim deed sufficient to pass estate93.120 Words of inheritance unnecessary to con-

vey fee; conveyances deemed to conveyall grantor’s estate

93.130 Conveyance of land in adverse possessionof another

93.140 Implied covenants93.150 Conveyance by tenant of greater estate

than that possessed93.160 Conveyance by reversioners and

remainderpersons to life tenant vests fee93.180 Forms of tenancy in conveyance or devise

to two or more persons93.190 Trustees or personal representatives as

joint tenants; filling vacancies in office93.200 Trustees or executors now hold as joint

tenants93.210 Presumption respecting deed from trustee

of undisclosed beneficiary93.220 Release, limitation or restriction of power

of appointment93.230 Copy of Department of State Lands deed

or patent given when original lost93.240 Rights to deferred installments of pur-

chase price where two or more personsjoin as sellers of real property

93.250 Effect of conveyance creating fee simpleconditional or fee tail

93.260 Tax statement information required inconveyancing instrument

93.265 Notice to real property manager of cer-tain actions; procedures; effect on title

93.268 Notice to state agency of transfer or en-cumbrance of real property by title insur-ance company

93.269 Declaration or covenant related to futurefees, commissions or payments todeclarant; recording; exceptions

93.270 Certain discriminatory restrictions inconveyancing instruments prohibited; re-striction on right of action

93.272 Procedure for removal of certain discrim-inatory restrictions

93.275 Incidents not material facts to real prop-erty transaction; legislative findings

93.280 Manner of conveyance to create jointproperty rights

UNIFORM VENDOR AND PURCHASERRISK ACT

93.290 Risk of loss after contract to sell realtyhas been executed

93.295 Construction of ORS 93.290 to 93.30093.300 Short title

DESCRIPTIONS, INCLUDING THEOREGON COORDINATE SYSTEM

93.310 Rules for construing description of realproperty

93.312 Oregon Coordinate System

EXECUTION, ACKNOWLEDGMENT ANDPROOF OF INSTRUMENTS

93.410 Execution and acknowledgment of deeds93.420 Execution of deed where personal repre-

sentative, guardian or conservator is un-able or refuses to act

93.440 Proof of execution by subscribing witness93.450 Proof where witnesses are dead or absent93.460 Subpoena to compel witness to testify to

execution of deed93.470 Indorsement of certificate of proof93.480 Deed acknowledged or proved as evidence;

recordability93.530 Execution, acknowledgment and recorda-

tion of assignments of sheriffs’ certificatesof sale

RECORDATION AND ITS EFFECTS93.600 Description of real property for purposes

of recordation93.610 Separate books for recording deeds and

mortgages; consolidated index93.620 Time and place of recording; certification93.630 Index to record of deeds, mortgages and

other real property interests93.635 Acknowledgment and recording of instru-

ments contracting to convey fee title93.640 Unrecorded instrument affecting title or

unrecorded assignment of sheriff’s certif-icate of sale void as to subsequent pur-chaser

93.643 Method of giving constructive notice ofinterest in real property; electronic lienrecords

93.645 Priority of purchaser; extinguishing judg-ment lien; right of judgment creditor;“judgment” defined

93.650 Effect of record or certified transcript inevidence

93.660 Effect of abstract of title as evidence

Title 10 (2011 Edition)

PROPERTY RIGHTS AND TRANSACTIONS

93.670 Power of attorney and executory contractfor sale or purchase of lands;recordability; effect as evidence; revoca-tion

93.680 Patents, judgments and official grants;recordability; evidence

93.690 Recording of instruments evidencing pas-sage of title to land from United Statesto State of Oregon

93.710 Instruments or memoranda creating cer-tain interests in realty; contents; refor-estation order; effect of recording

93.730 Recordation of judgment in other counties93.740 Notice of lis pendens; contents; recorda-

tion; effect; discharge93.760 Recordability of documents, orders and

decrees of the United States DistrictCourt

93.770 Recordability of notices of bankruptcy andpetitions, orders and judgments frombankruptcy cases

93.780 Place of recording of instrument contain-ing clauses of a mortgage or trust deed;county clerk to do recording; “MasterForm”

93.790 Effect of recording master form instru-ment; effect of incorporation by referencein mortgage or trust deed; effect of devi-ation

93.800 Matter not to be recorded when accom-panying mortgage or trust deed; liabilityfor nonrecording

93.802 Recording of short form mortgage orshort form trust deed

93.804 Requirement for original signatures forrecording; recordation of certified copies;recordation of electronic image of instru-ment

93.806 Recordation of instrument creating cer-tain liens

93.808 Approval of governmental unit requiredto record certain instruments

VALIDATING AND CURATIVE ACTS93.810 Validating and curative Acts

DEED FORMS93.850 Warranty deed form; effect93.855 Special warranty deed form; effect93.860 Bargain and sale deed form; effect93.865 Quitclaim deed form; effect93.870 Statutory deed forms optional

FORFEITURE UNDER LAND SALES CONTRACT

93.905 Definitions for ORS 93.905 to 93.94093.910 Enforcement of forfeiture remedy after

notice of default93.913 Forfeiture allowed for default under cer-

tain collateral assignments of interest

93.915 Notice of default; contents; recordation;time of forfeiture; interim measures

93.918 Continuation of proceedings after certaintypes of stay ordered by court; procedures

93.920 Curing default to avoid forfeiture; pay-ment of costs and expenses

93.925 Failure to cure default; exclusiveness ofnotice

93.930 Recording affidavit after forfeiture; affi-davit as evidence

93.935 Effect of purchaser’s abandonment or re-conveyance on interest, lien or claim

93.940 Effect of seller’s foreclosure or other ac-tion on interest, lien or claim

93.945 Application of ORS 93.910 to 93.940

UNIFORM REAL PROPERTY TRANSFERON DEATH ACT

93.948 URPTDA 1. Short title93.949 URPTDA 2. Definitions93.950 URPTDA 3. Applicability93.951 URPTDA 4. Nonexclusivity93.953 URPTDA 5. Authority for transfer on

death deed93.955 URPTDA 6. Revocability of transfer on

death deed93.957 URPTDA 7. Nontestamentary nature of

transfer on death deed93.959 URPTDA 8. Capacity of transferor; fraud,

duress or undue influence93.961 URPTDA 9. Requirements93.963 URPTDA 10. Notice; delivery; acceptance;

consideration93.965 URPTDA 11. Revocation by instrument;

revocation by act93.967 URPTDA 12. Effect of transfer on death

deed during transferor’s life93.969 URPTDA 13. Effect of transfer on death

deed at transferor’s death93.971 URPTDA 14. Disclaimer93.973 URPTDA 15. Liability for creditor claims

and statutory allowances93.975 URPTDA 16. Form of transfer on death

deed93.977 URPTDA 17. Form of instrument revoking

transfer on death deed93.979 Relation to Electronic Signatures in

Global and National Commerce Act93.981 Effect of divorce or annulment on trans-

fer on death deed93.983 Transfer to parent who deserted or neg-

lected transferor93.985 Forfeiture of transfer by parent who de-

serted or neglected transferor

PENALTIES93.990 Penalties


CONVEYANCING AND RECORDING 93.040

GENERAL REQUIREMENTS FORDISPOSITION OF REALTY

93.010 Conveyances, how made. Con-veyances of lands, or of any estate or inter-est therein, may be made by deed, signed bythe person of lawful age from whom the es-tate or interest is intended to pass, or by thelawful agent or attorney of the person, andacknowledged or proved, and recorded with-out any other act or ceremony. No seal ofthe grantor, corporate or otherwise, shall berequired on the deed. [Amended by 1965 c.502 §4]

93.020 Creating, transferring or de-claring estates or interests in realty. (1)No estate or interest in real property, otherthan a lease for term not exceeding one year,nor any trust or power concerning suchproperty, can be created, transferred or de-clared otherwise than by operation of law orby a conveyance or other instrument inwriting, subscribed by the party creating,transferring or declaring it, or by the lawfulagent of the party under written authority,and executed with such formalities as arerequired by law.

(2) This section does not affect the powerof a testator in the disposition of real prop-erty by a last will and testament, nor toprevent a trust from arising or being extin-guished by implication or operation of law,nor to affect the power of a court to compelthe specific performance of an agreement inrelation to such property.

93.030 Contracts to convey, instru-ments of conveyance and related memo-randa to state consideration. (1) As usedin this section, “consideration” includes theamount of cash and the amount of any lien,mortgage, contract, indebtedness or otherencumbrance existing against the property towhich the property remains subject or whichthe purchaser agrees to pay or assume.

(2) All instruments conveying or con-tracting to convey fee title to any real estate,and all memoranda of such instruments, shallstate on the face of the instruments the trueand actual consideration paid for the trans-fer, stated in terms of dollars. However, ifthe actual consideration consists of or in-cludes other property or other value givenor promised, neither the monetary value nora description of the other property or valueneed be stated so long as it is noted on theface of the instrument that other property orvalue was either part or the whole consider-ation.

(3) The statement of consideration as re-quired by subsection (2) of this section shallbe made by a grantor or a grantee. Failureto make such statement does not invalidatethe conveyance.

(4) If the statement of consideration is inthe body of the instrument preceding thesignatures, execution of the instrument shallconstitute a certification of the truth of thestatement. If there is a separate statementof consideration on the face of the instru-ment, it shall be signed separately from theinstrument, and such execution shall consti-tute a certification of the truth of the state-ment by the person signing. A particularform is not required for the statement solong as the requirements of this section arereasonably met.

(5) An instrument conveying or contract-ing to convey fee title to any real estate ora memorandum of the instrument may not beaccepted for recording by any county clerkor recording officer in this state unless thestatement of consideration required by thissection is included on the face of the instru-ment.

(6) A transfer of death deed and an in-strument revoking a transfer of death deedare not instruments subject to this section.[1967 c.462 §§1,3; 1967 s.s. c.7 §1; 1977 c.605 §1; 1999 c.654§7; 2011 c.212 §23]

93.040 Mandatory statements for salesagreements, earnest money receipts orother instruments for conveyance of feetitle to real property; liability of drafterand recorder. (1) The following statementshall be included in the body of an instru-ment transferring or contracting to transferfee title to real property except for owner’ssale agreements or earnest money receipts,or both, as provided in subsection (2) of thissection: “BEFORE SIGNING OR ACCEPTINGTHIS INSTRUMENT, THE PERSON TRANS-FERRING FEE TITLE SHOULD INQUIREABOUT THE PERSON’S RIGHTS, IF ANY, UN-DER ORS 195.300, 195.301 AND 195.305 TO195.336 AND SECTIONS 5 TO 11, CHAPTER424, OREGON LAWS 2007, SECTIONS 2 TO 9AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGONLAWS 2010. THIS INSTRUMENT DOES NOTALLOW USE OF THE PROPERTY DESCRIBEDIN THIS INSTRUMENT IN VIOLATION OFAPPLICABLE LAND USE LAWS AND REGU-LATIONS. BEFORE SIGNING OR ACCEPTINGTHIS INSTRUMENT, THE PERSON ACQUIR-ING FEE TITLE TO THE PROPERTY SHOULDCHECK WITH THE APPROPRIATE CITY ORCOUNTY PLANNING DEPARTMENT TOVERIFY THAT THE UNIT OF LAND BEINGTRANSFERRED IS A LAWFULLY ESTAB-LISHED LOT OR PARCEL, AS DEFINED INORS 92.010 OR 215.010, TO VERIFY THE AP-PROVED USES OF THE LOT OR PARCEL, TODETERMINE ANY LIMITS ON LAWSUITSAGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930, AND TO IN-QUIRE ABOUT THE RIGHTS OF NEIGHBOR-ING PROPERTY OWNERS, IF ANY, UNDERORS 195.300, 195.301 AND 195.305 TO 195.336AND SECTIONS 5 TO 11, CHAPTER 424, ORE-


93.050 PROPERTY RIGHTS AND TRANSACTIONS

GON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855, OREGON LAWS 2009, ANDSECTIONS 2 TO 7, CHAPTER 8, OREGONLAWS 2010.”

(2) In all owner’s sale agreements andearnest money receipts, there shall be in-cluded in the body of the instrument the fol-lowing statement: “THE PROPERTYDESCRIBED IN THIS INSTRUMENT MAYNOT BE WITHIN A FIRE PROTECTION DIS-TRICT PROTECTING STRUCTURES. THEPROPERTY IS SUBJECT TO LAND USE LAWSAND REGULATIONS THAT, IN FARM ORFOREST ZONES, MAY NOT AUTHORIZECONSTRUCTION OR SITING OF A RESI-DENCE AND THAT LIMIT LAWSUITSAGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930, IN ALL ZONES.BEFORE SIGNING OR ACCEPTING THIS IN-STRUMENT, THE PERSON TRANSFERRINGFEE TITLE SHOULD INQUIRE ABOUT THEPERSON’S RIGHTS, IF ANY, UNDER ORS195.300, 195.301 AND 195.305 TO 195.336 ANDSECTIONS 5 TO 11, CHAPTER 424, OREGONLAWS 2007, SECTIONS 2 TO 9 AND 17, CHAP-TER 855, OREGON LAWS 2009, ANDSECTIONS 2 TO 7, CHAPTER 8, OREGONLAWS 2010. BEFORE SIGNING OR ACCEPT-ING THIS INSTRUMENT, THE PERSON AC-QUIRING FEE TITLE TO THE PROPERTYSHOULD CHECK WITH THE APPROPRIATECITY OR COUNTY PLANNING DEPARTMENTTO VERIFY THAT THE UNIT OF LAND BE-ING TRANSFERRED IS A LAWFULLY ES-TABLISHED LOT OR PARCEL, AS DEFINEDIN ORS 92.010 OR 215.010, TO VERIFY THEAPPROVED USES OF THE LOT OR PARCEL,TO VERIFY THE EXISTENCE OF FIRE PRO-TECTION FOR STRUCTURES AND TO IN-QUIRE ABOUT THE RIGHTS OFNEIGHBORING PROPERTY OWNERS, IF ANY,UNDER ORS 195.300, 195.301 AND 195.305 TO195.336 AND SECTIONS 5 TO 11, CHAPTER424, OREGON LAWS 2007, SECTIONS 2 TO 9AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGONLAWS 2010.”

(3) In all owners’ sale agreements andearnest money receipts subject to ORS358.505, there shall be included in the bodyof the instrument or by addendum the fol-lowing statement: “THE PROPERTY DE-SCRIBED IN THIS INSTRUMENT IS SUBJECTTO SPECIAL ASSESSMENT UNDER ORS358.505.”

(4) An action may not be maintainedagainst the county recording officer for re-cording an instrument that does not containthe statement required in subsection (1) or(2) of this section.

(5) An action may not be maintainedagainst any person for failure to include inthe instrument the statement required insubsection (1) or (2) of this section, or forrecording an instrument that does not con-tain the statement required in subsection (1)or (2) of this section, unless the person ac-

quiring or agreeing to acquire fee title to thereal property would not have executed oraccepted the instrument but for the absencein the instrument of the statement requiredby subsection (1) or (2) of this section. Anaction may not be maintained by the personacquiring or agreeing to acquire fee title tothe real property against any person otherthan the person transferring or contractingto transfer fee title to the real property.

(6) A transfer of death deed and an in-strument revoking a transfer of death deedare not instruments subject to this section.[1983 c.718 §2; 1985 c.719 §1; 1989 c.366 §1; 1993 c.792 §40;1995 c.5 §17; 2005 c.311 §1; 2007 c.424 §23; 2007 c.866 §7;2009 c.892 §19; 2011 c.212 §24]

93.050 Gift or conveyance of life es-tate. A gift or conveyance of property underdeed or other writing executed after June 30,1993, to any person for the term of the lifeof the person, and after the death of theperson to the children or heirs of the person,vests an estate or interest for life only in thegrantee or person receiving the gift or con-veyance, and remainder in the children orheirs. [1991 c.850 §3]

SPECIAL MATTERS IN PARTICULARCONVEYANCES

93.110 Quitclaim deed sufficient topass estate. A deed of quitclaim and release,of the form in common use, is sufficient topass all the estate which the grantor couldlawfully convey by a deed of bargain andsale.

93.120 Words of inheritance unneces-sary to convey fee; conveyances deemedto convey all grantor’s estate. The term“heirs,” or other words of inheritance, is notnecessary to create or convey an estate infee simple. Any conveyance of real estatepasses all the estate of the grantor, unlessthe intent to pass a lesser estate appears byexpress terms, or is necessarily implied inthe 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 adversepossession of another. No grant or con-veyance of lands or interest therein is voidfor the reason that at the time of its exe-cution the lands were in the actual pos-session of another claiming adversely.

93.140 Implied covenants. No covenantshall be implied in any conveyance of realestate, whether it contains special covenantsor not, except as provided by ORS 93.850 to93.870. [Amended by 1973 c.194 §6]

93.150 Conveyance by tenant ofgreater estate than that possessed. Aconveyance made by a tenant for life oryears, purporting to grant a greater estatethan the tenant possesses or could lawfully



convey, does not work a forfeiture of the es-tate of the tenant, but passes to the granteeall the estate which the tenant could law-fully convey.

93.160 Conveyance by reversioners andremainderpersons to life tenant vests fee.When real property has been devised to aperson for life, and in case of the death ofthe life tenant without leaving lawful issueborn alive and living at the time of death,then to other heirs of the testator, a convey-ance to the life tenant from all reversionersor remainderpersons and all issue of the lifetenant as are in being, of all their interest inthe real property, vests a fee simple estate inthe life tenant. [Amended by 2003 c.14 §35]

93.170 [Repealed by 1969 c.591 §305]

93.180 Forms of tenancy in convey-ance or devise to two or more persons. (1)A conveyance or devise of real property, oran interest in real property, that is made totwo or more persons:

(a) Creates a tenancy in common unlessthe conveyance or devise clearly and ex-pressly declares that the grantees or deviseestake the real property with right ofsurvivorship.

(b) Creates a tenancy by the entirety ifthe conveyance or devise is to a husband andwife unless the conveyance or devise clearlyand expressly declares otherwise.

(c) Creates a joint tenancy as describedin ORS 93.190 if the conveyance or devise isto a trustee or personal representative.

(2) A declaration of a right tosurvivorship creates a tenancy in common inthe life estate with cross-contingent remain-ders in the fee simple.

(3) Except as provided in ORS 93.190,joint tenancy in real property is abolishedand the use in a conveyance or devise of thewords “joint tenants” or similar words with-out any other indication of an intent to cre-ate a right of survivorship creates a tenancyin common. [Amended by 1983 c.555 §1; 2007 c.64 §1]

93.190 Trustees or personal represen-tatives as joint tenants; filling vacanciesin office. (1) Every conveyance, deed oftrust, mortgage or devise of an interest in orlien upon real or personal property to two ormore persons as trustees or personal repre-sentatives, creates a joint tenancy in suchinterest or lien in the trustees or personalrepresentatives unless it is expressly de-clared in the conveyance, deed of trust,mortgage or devise that the trustees or per-sonal representatives shall take or hold theproperty as tenants in common or otherwise.

(2) If the conveyance, deed of trust,mortgage or devise provides for filling anyvacancy in the office of trustee or personal

representative, it may be filled as thereinprovided, but a court of competent jurisdic-tion may fill a vacancy in the trusteeshipaccording to the established rules and prin-ciples of equity. In whichever way the va-cancy is filled, the new trustee shall hold theproperty with all powers, rights and dutiesof an original trustee unless otherwise di-rected by conveyance, deed of trust, mort-gage or devise, or order or judgment of thecourt. [Amended by 1969 c.591 §275; 2003 c.576 §353]

93.200 Trustees or executors now holdas joint tenants. All trustees or executorsholding real or personal property in trust onMay 19, 1905, hold as joint tenants and notas tenants in common unless the conveyance,deed of trust, mortgage or devise, or orderor decree of court creating or appointing thetrustees or executors has declared otherwise.

93.210 Presumption respecting deedfrom trustee of undisclosed beneficiary.If a deed to real estate has been made to agrantee in trust or designating the granteeas trustee, and no beneficiary is indicated ornamed in the deed, a deed thereafter exe-cuted by such grantee conveying the prop-erty is presumed to have been executed withfull right and authority and conveys primafacie title to the property. The grantee in thelast-mentioned deed is under no duty what-soever to see to the application of the pur-chase price. If the last-mentioned deed isrecorded after June 7, 1937, after five yearsfrom its recording or, if it was recorded priorto June 7, 1937, then after June 7, 1942, thepresumption is conclusive as to any undis-closed beneficiary and the title to the realestate, based upon the last-mentioned deed,shall not be called in question by any oneclaiming as beneficiary under the first-mentioned deed.

93.220 Release, limitation or re-striction of power of appointment. (1) Anyperson to whom there has been granted orreserved any power of appointment or otherpower by which the person may elect to takeany action affecting the disposition of prop-erty may at any time release, or, from timeto time, limit or restrict such power in wholeor in part by an instrument in writing evi-dencing that purpose and subscribed by theperson.

(2) If the power is one to affect title toreal property, the instrument shall be exe-cuted, acknowledged, proved and recorded,or filed with the registrar of title in eachcounty in which the land is situated in thesame manner as a conveyance of real prop-erty.

(3) If the power is of such nature that itsexercise may affect the duty of any trusteeor other fiduciary, such trustee or otherfiduciary is not bound to take notice thereof



unless the trustee or other fiduciary has re-ceived the original or an executed duplicateof the release or a copy thereof certified bythe county clerk or county recorder of thecounty in which it has been recorded.

93.230 Copy of Department of StateLands deed or patent given when originallost. (1) If parties to whom deeds have beenissued by the Department of State Landshave lost such deeds before they were placedon record in the county wherein the landconveyed is located, the Director of the De-partment of State Lands, on application ofthe party entitled thereto, shall cause a cer-tified copy of the record of the deed in theoffice of the department to be issued underits seal.

(2) If parties to whom patents for landshave been issued by the United States forlands in the State of Oregon have lost suchpatents before they were placed on record inthe county wherein the land conveyed is lo-cated, such parties, or their successors ininterest, may apply to and obtain from theBureau of Land Management, or its succes-sor agency, copies of the records of suchpatents, duly certified to be correct copies ofthe original patents, or of the record thereof,by the appropriate federal officer.

(3) Every certified copy issued in accor-dance with subsection (1) or (2) of this sec-tion is entitled to record in the propercounty with like effect as the original deedor patent. Every such copy so certified maybe read in evidence in any court in this statewithout further proof thereof. The record ofany such certified copy, or a transcriptthereof certified by the county clerk inwhose office it may have been recorded, maybe read in evidence in any court in this statewith like effect as the original thereof or theoriginal lost deed or patent. [Amended by 1967c.421 §197]

93.240 Rights to deferred installmentsof purchase price where two or morepersons join as sellers of real property.(1) Subject to the provisions contained inthis section, whenever two or more personsjoin as sellers in the execution of a contractof sale of real property or sell and conveytitle to real property in exchange for a notefor all or a part of the purchase price se-cured by either a mortgage or trust deed onthe real property, unless a contrary purposeis expressed in the contract, note, mortgageor trust deed, the right to receive paymentof deferred installments of the purchase priceand the mortgage or trust deed, shall beowned by them in the same proportions, andwith the same incidents, as title to the realproperty was vested in them immediatelypreceding the execution of the contract ofsale or conveyance.

(2) If immediately prior to the executionof a contract of sale of real property, or asale or conveyance of title to real propertyin exchange for a note for all or a part of thepurchase price secured by a mortgage ortrust deed on the real property, title to anyinterest in the property therein describedwas vested in the sellers or some of the sell-ers as tenants by the entirety or was other-wise subject to any right of survivorship,then, unless a contrary purpose is expressedin the contract, note, mortgage or trust deed,the right to receive payment of deferred in-stallments of the purchase price of the prop-erty and the mortgage and trust deed shalllikewise be subject to like rights ofsurvivorship. [1957 c.402 §§1,2; 1969 c.591 §276; 1989c.74 §1; 1997 c.99 §21]

93.250 Effect of conveyance creatingfee simple conditional or fee tail. Everyconveyance or devise of lands, or interesttherein, made subsequent to September 9,1971, using language appropriate to create afee simple conditional or fee tail estate shallcreate an estate in fee simple absolute in thegrantees or devisees of such conveyances ordevises. Any future interest limited uponsuch an interest is a limitation upon the feesimple absolute and its validity is determinedaccordingly. [1971 c.382 §1]

93.260 Tax statement information re-quired in conveyancing instrument. (1)All instruments prepared for the purpose ofconveying or contracting to convey fee titleto any real estate shall contain on the faceof such instruments a statement in substan-tially the following form:__________________________________________

Until a change is requested, all taxstatements shall be sent to the following ad-dress:__________________________________________

(2) Failure to contain the statement re-quired by this section does not invalidate theconveyance and if an instrument is recordedwithout the statement required by this sec-tion, the recording is valid.

(3) This section applies to all instrumentsexecuted after January 1, 1974. [1973 c.422 §2]

93.265 Notice to real property man-ager of certain actions; procedures; effecton title. (1) A real estate property manager,as defined in ORS 696.010, may request no-tice of any pending action, claim, lien orproceeding relating to a parcel of real prop-erty by recording in the county clerk’s officeof the county in which any portion of thereal property is situated a request for anynotice required by law to be provided to theowner.



(2) A request submitted as allowed undersubsection (1) of this section shall includethe name and address of the property man-ager, the address and legal description of theproperty in question, the signature and realestate license number of the requester andthe date of the request. The request for no-tification shall be valid for one year fromfiling.

(3) Compliance with subsection (1) of thissection shall be deemed adequate upon mail-ing, by first class mail with postage prepaid,to the address provided in the form requiredunder subsection (2) of this section.

(4) The county assessor of the county inwhich the notice is recorded shall note onthe tax roll, prepared pursuant to ORS chap-ter 311, the filing made under subsection (1)of this section.

(5) No request, statement or notationfiled under subsection (1) of this section shallaffect title to the property or be deemed no-tice to any person that any person so re-cording the request has any right, title,interest in, lien or charge upon the propertyreferred to in the request for notice. [1989c.1062 §2; 2001 c.300 §58]

93.268 Notice to state agency oftransfer or encumbrance of real propertyby title insurance company. (1) As used inthis section, “encumbrance” has the meaninggiven that term in ORS 411.692.

(2) A title insurance company or agentthat discovers the presence of a request fornotice of transfer or encumbrance pursuantto ORS 411.694 in the deed and mortgage re-cords when performing a title search on realproperty shall:

(a) Provide the state agency that filed therequest with a notice of transfer or encum-brance of the real property within 30 days ofa transfer or encumbrance that results in theissuance of a certificate of title insurance;and

(b) Disclose the presence of the requestfor notice of transfer or encumbrance in anyreport preliminary to, or any commitment tooffer, a certificate of title insurance for thereal property.

(3) If the Department of Human Servicesor the Oregon Health Authority has causedto be recorded a termination of request fornotice of transfer or encumbrance in thedeed and mortgage records, a title insurancecompany or agent is no longer required toprovide the notice of transfer or encum-brance required by subsection (2)(a) of thissection for the affected real property.

(4) A title insurance company or agentshall use the form adopted under ORS411.694 or a form substantially similar tothat form when providing the notice required

by subsection (2)(a) of this section. [2003 c.638§3; 2011 c.720 §54]

Note: 93.268 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 93 or any series therein by legislative ac-tion. See Preface to Oregon Revised Statutes for furtherexplanation.

93.269 Declaration or covenant relatedto future fees, commissions or paymentsto declarant; recording; exceptions. (1) Aninstrument conveying, or contracting to con-vey, a fee simple interest in real propertymay not cause, or purport to cause, a decla-ration or covenant to be filed or recordedagainst the title to the real property if thedeclaration or covenant requires, or purportsto require, the payment of a fee, commissionor other payment to the declarant or to an-other person specified in the declaration orcovenant, or to the declarant’s or otherperson’s successors or assigns, upon a trans-fer of a fee simple interest in the property.

(2) A declaration or covenant that re-quires, or purports to require, the paymentof a fee, commission or other payment uponthe transfer of a fee simple interest in realproperty to the declarant or other personspecified in the declaration or covenant, orto the declarant’s or other person’s succes-sors or assigns, upon a transfer of a fee sim-ple interest in the property or that otherwiseviolates subsection (1) of this section, is void.

(3) Subsections (1) and (2) of this sectiondo not apply to the following:

(a) An instrument conveying or contract-ing to convey a fee simple interest in realproperty that provides for any considerationpayable by a grantee to a grantor for the in-terest in real property being transferred, in-cluding but not limited to any subsequentadditional consideration for the propertypayable by the grantee based upon any sub-sequent appreciation, development or sale ofthe property.

(b) A requirement in a mortgage loanagreement for the payment of mortgage prin-cipal, interest and fees upon sale of theproperty by the mortgagee.

(c) A limited liability company, limitedliability partnership, corporation, joint ven-ture or partnership agreement in which amember, shareholder, joint venturer or part-ner contributes real property to the limitedliability company, limited liability partner-ship, corporation, joint venture or partner-ship.

(d) An agreement providing for a seriesof related transfers of the fee simple interestin a real property, if the agreement identifieswith specificity the price of the transferredinterest, all consideration given, party namesand other essential terms for each transferof interest that is part of the series.



(e) An affordable housing covenant,servitude, easement, condition or restrictionin a deed, declaration, land sale contract,loan agreement, promissory note, trust deed,mortgage, security agreement or other in-strument, including but not limited to in-struments created as provided under ORS456.270 to 456.295, that are executed by:

(A) A public body as defined in ORS174.109;

(B) An agency of the United States;(C) A public benefit corporation, religious

corporation or foreign corporation, all as de-fined in ORS 65.001, if the purposes of thecorporation include providing affordablehousing for low income households and mod-erate income households as those terms aredefined in ORS 456.270;

(D) A limited liability company, as de-fined in ORS 63.001, having a membershipcomposed of one or more corporations de-scribed in subparagraph (C) of this para-graph;

(E) A consumer housing cooperative asdefined in ORS 456.548;

(F) A manufactured dwelling park non-profit cooperative as defined in ORS 62.803;or

(G) A federally recognized Indian tribe.(f) A requirement for the payment of a

fee to:(A) A homeowners association as defined

in ORS 94.550;(B) An association of unit owners as de-

fined in ORS 100.005;(C) A managing entity of a timeshare

plan, as those terms are defined in ORS94.803;

(D) Any other owners’ association that isgoverned by recorded covenants, conditionsand restrictions; or

(E) An agent for an association or man-aging entity described in subparagraphs (A)to (D) of this paragraph.

(g) An agreement between a real estatelicensee and a grantor or grantee providingfor any commission payable to the real estatelicensee for the transfer of the real property.[2009 c.298 §1]


93.270 Certain discriminatory re-strictions in conveyancing instrumentsprohibited; restriction on right of action.(1) A person conveying or contracting toconvey fee title to real property may not in-

clude in an instrument for that purpose aprovision:

(a) Restricting the use of the real prop-erty by any person or group of persons byreason of race, color, religion, sex, sexualorientation, national origin or disability.

(b) Restricting the use of the real prop-erty by any home or facility that is licensedunder ORS 443.400 to 443.455 or 443.705 to443.825 to provide residential care alone orin conjunction with treatment or training ora combination thereof.

(2) Any provision in an instrument exe-cuted in violation of subsection (1) of thissection is void and unenforceable.

(3) An instrument that contains a pro-vision restricting the use of real property ina manner listed in subsection (1)(b) of thissection does not give rise to any public orprivate right of action to enforce the re-striction.

(4)(a) An instrument that contains a pro-vision restricting the use of real property byrequiring roofing materials with a lower firerating than that required in the state build-ing code established under ORS chapter 455does not give rise to any public or privateright of action to enforce the restriction inan area determined by a local jurisdiction asa wildfire hazard zone. Prohibitions on pub-lic or private right of action under this par-agraph are limited solely to considerationsof fire rating.

(b) As used in this subsection, “wildfirehazard zones” are areas that are legally de-clared by a governmental agency having ju-risdiction over the area to have specialhazards caused by a combination ofcombustible natural fuels, topography andclimatic conditions that result in a signif-icant hazard of catastrophic fire over rela-tively long periods each year. Wildfire hazardzones shall be determined using criteria es-tablished by the State Forestry Department.[1973 c.258 §1; 1989 c.437 §1; 1991 c.801 §7; 1993 c.311 §1;1993 c.430 §3; 2007 c.70 §20; 2007 c.100 §16; 2009 c.595 §61]

93.272 Procedure for removal of cer-tain discriminatory restrictions. (1) Anyowner of record of real property that is sub-ject to an instrument conveying or contract-ing to convey fee title to the property thatcontains a provision that is in violation ofORS 93.270 may file a petition to removethat provision from the title to the property.The petition shall be filed in the circuitcourt for the county in which the propertyis located. No fee shall be charged for thefiling of the petition. The petition shallcontain:

(a) The name and mailing address of theperson filing the petition;



(b) The name and mailing address of allowners of record of the property;

(c) The legal description of the propertysubject to the provision in violation of ORS93.270; and

(d) A clear reference to the provisionclaimed to be in violation of ORS 93.270.

(2) Notice and a copy of the petition shallbe served on all owners of record in anymanner provided for in ORCP 7. The noticeshall inform the owners of record that:

(a) The petition seeks the removal of aprovision that is in violation of ORS 93.270from the title to the property;

(b) The person served may request ahearing within 10 days after service of thepetition; and

(c) The court is authorized to enter a de-fault judgment removing the provision if nohearing is requested by the owners of record.

(3) The petitioner shall file with thecourt proof of service in the manner providedin ORCP 7 F. If no request for hearing ismade by any person served within 10 daysafter service on that person, the court shallenter a judgment removing the provisionfrom the title to the property if the courtdetermines that the provision is in violationof ORS 93.270.

(4) If a hearing is requested by any per-son served under subsection (2) of this sec-tion, the clerk of the court shall schedule ahearing within 20 days after the filing of therequest for a hearing. The clerk of the courtshall mail notification of the hearing date tothe petitioner and to all owners of recordlisted in the petition.

(5) At any hearing under the provisionsof this section, the sole issue that shall bedecided by the court is whether the provisionthat is the subject of the petition is in vio-lation of ORS 93.270. The matter shall betried to the court sitting without jury. If thecourt finds that the provision is not in vio-lation of ORS 93.270, the court shall dismissthe petition. If the court finds that the pro-vision is in violation of ORS 93.270, the courtshall enter a judgment removing the pro-vision from the title to the property.

(6) If a court finds only part of a pro-vision to be in violation of ORS 93.270 underthis section, the court shall enter a judgmentremoving only that part of the provision thatis in violation.

(7) For the purposes of this section,“owner of record” means a person havingany legal or equitable interest in property,including, but not limited to, a purchaser,lienholder or holder of any security interestin such property whose interest is recordedin the public records provided for by Oregon

statutes where the owner’s interest must berecorded to perfect a lien or security interestor provide constructive notice of the owner’sinterest. [1991 c.850 §2]

93.273 [1989 c.523 §2; renumbered 93.275 (3) in 1993]

93.275 Incidents not material facts toreal property transaction; legislativefindings. (1) The following are among inci-dents that are not material facts to a realproperty transaction:

(a) The fact or suspicion that the realproperty or a neighboring property was thesite of a death by violent crime, by suicideor by any other manner;

(b) The fact or suspicion that the realproperty or a neighboring property was thesite of a crime, political activity, religiousactivity or any other act or occurrence thatdoes not adversely affect the physical condi-tion of or title to real property;

(c) The fact or suspicion that an owneror occupant of the real property has or hadhuman immunodeficiency virus or acquiredimmune deficiency syndrome;

(d) The fact or suspicion that a sex of-fender registered under ORS 181.595, 181.596,181.597 or 181.609 resides in the area; and

(e) The fact that a notice has been re-ceived that a neighboring property has beendetermined to be not fit for use under ORS453.876.

(2) The Legislative Assembly finds thatthere is no known risk of the transmissionof human immunodeficiency virus or ac-quired immune deficiency syndrome by cas-ual contact. [1989 c.523 §3; subsection (3) formerly93.273; 2001 c.701 §1; 2003 c.559 §2; 2011 c.271 §21]

93.280 Manner of conveyance to createjoint property rights. (1) Any person orpersons owning real property which the per-son or persons have power to convey mayconvey such property by a conveyance nam-ing the person or persons and another personor persons, or one or more of themselves andanother person or other persons, as grantees.The conveyance shall have the same effectas a conveyance from a stranger who ownedthe property to the persons named asgrantees.

(2) Any two or more persons owning realproperty which they have power to conveymay convey such property by a conveyancenaming one, or more than one, of all suchpersons, as grantees. The conveyance shallhave the same effect as a conveyance from astranger who owned the property to the per-sons named as grantees.

(3) Any “person” mentioned in this sec-tion may be a married person, and any “per-sons” so mentioned may be married to eachother. [1973 c.209 §§1,2,3]



UNIFORM VENDOR AND PURCHASERRISK ACT

93.290 Risk of loss after contract tosell realty has been executed. Any con-tract made on or after August 3, 1955, in thisstate for the purchase and sale of realty shallbe interpreted as including an agreementthat the parties shall have the followingrights and duties, unless the contract ex-pressly provides otherwise:

(1) If, when neither the legal title nor thepossession of the subject matter of the con-tract has been transferred, all or a materialpart thereof is destroyed without fault of thepurchaser or is taken by eminent domain, thevendor cannot enforce the contract, and thepurchaser is entitled to recover any portionof the price that the purchaser has paid;

(2) If, when either the legal title or thepossession of the subject matter of the con-tract has been transferred, all or any partthereof is destroyed without fault of thevendor or is taken by eminent domain, thepurchaser is not thereby relieved from a dutyto pay the price, nor is the purchaser enti-tled to recover any portion thereof that thepurchaser has paid. [1955 c.144 §1]

93.295 Construction of ORS 93.290 to93.300. ORS 93.290 to 93.300 shall be so in-terpreted and construed as to effectuate theirgeneral purpose to make uniform the law ofthose states which enact the Uniform Vendorand Purchaser Risk Act. [1955 c.144 §2]

93.300 Short title. ORS 93.290 to 93.300may be cited as the Uniform Vendor andPurchaser Risk Act. [1955 c.144 §3]

DESCRIPTIONS, INCLUDING THEOREGON COORDINATE SYSTEM93.310 Rules for construing de-

scription of real property. The followingare the rules for construing the descriptivepart of a conveyance of real property, whenthe construction is doubtful, and there areno other sufficient circumstances to deter-mine it:

(1) Where there are certain definite andascertained particulars in the description,the addition of others, which are indefinite,unknown or false, does not frustrate theconveyance, but it is to be construed by suchparticulars, if they constitute a sufficient de-scription to ascertain its application.

(2) When permanent and visible or ascer-tained boundaries or monuments are incon-sistent with the measurement, either of lines,angles or surfaces, the boundaries or monu-ments are paramount.

(3) Between different measurementswhich 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 notnavigable is the boundary, the rights of thegrantor to the middle of the road, or thethread of the stream, are included in theconveyance, except where the road or bed ofthe stream is held under another title.

(5) When tidewater is the boundary, therights of the grantor to low watermark areincluded in the conveyance, and also theright of this state between high and lowwatermark.

(6) When the description refers to a map,and that reference is inconsistent with otherparticulars, it controls them, if it appearsthat the parties acted with reference to themap; otherwise the map is subordinate toother definite and ascertained particulars.

93.312 Oregon Coordinate System. (1)As used in this section, “Oregon CoordinateSystem” means a coordinate mapping system,composed of three coordinate projectionmapping systems known as:

(a) The Oregon State Plane CoordinateSystem of 1927;

(b) The Oregon State Plane CoordinateSystem of 1983; and

(c) The Oregon Coordinate ReferenceSystem.

(2) A description of land that containscoordinates associated with the position of apoint on a land boundary must:

(a) Use the Oregon Coordinate System;(b) Use one specified zone and system for

the entire description;(c) Include coordinate system datum with

epoch and zone designation;(d) Use coordinates established by a sur-

vey connection to the National Spatial Ref-erence System;

(e) Reference a survey of record that re-ports the accuracy of coordinates at a 95percent confidence level; and

(f) Include distances, bearings, areas andother boundary elements.

(3) The Department of Transportationshall adopt rules implementing the OregonCoordinate System. [2011 c.179 §1]


93.320 [Amended by 1985 c.202 §1; repealed by 2011c.179 §6]


93.340 [Repealed by 1985 c.202 §7]




93.360 [Amended by 1979 c.129 §1; 1985 c.202 §4; re-pealed by 2011 c.179 §6]



EXECUTION, ACKNOWLEDGMENTAND PROOF OF INSTRUMENTS93.410 Execution and acknowledgment

of deeds. Except as otherwise provided bylaw, deeds executed within this state, oflands or any interest in lands therein, shallbe signed by the grantors and shall be ac-knowledged before any judge of the SupremeCourt, circuit judge, county judge, justice ofthe peace or notary public within the state.No seal of the grantor, corporate or other-wise, shall be required on the deed. [Amendedby 1965 c.502 §5; 1977 c.404 §1; 1999 c.654 §8]

93.415 [Repealed by 1977 c.404 §2 (194.500 to 194.580enacted in lieu of 93.415)]

93.420 Execution of deed where per-sonal representative, guardian or conser-vator is unable or refuses to act. If anyperson is entitled to a deed from a personalrepresentative, guardian or conservator whohas died or resigned, has been discharged,disqualified or removed or refuses to executeit, the deed may be executed by the judgebefore whom the proceeding is pending or bythe successor of the judge. [Amended by 1961c.344 §104; 1969 c.591 §277]


93.440 Proof of execution by subscrib-ing witness. Proof of the execution of anyconveyance may be made before any officerauthorized to take acknowledgments ofdeeds, and shall be made by a subscribingwitness thereto, who shall state the place ofresidence of the witness, and that the wit-ness knew the person described in and whoexecuted the conveyance. Such proof shallnot be taken unless the officer is personallyacquainted with the subscribing witness, orhas satisfactory evidence that the witness isthe same person who was a subscribing wit-ness to the instrument.

93.450 Proof where witnesses are deador absent. When any grantor is dead, out ofthis state, or refuses to acknowledge thedeed, and all the subscribing witnesses to thedeed are also dead or reside out of this state,it may be proved before the circuit court, orany judge thereof, by proving the handwrit-ing of the grantor and of any subscribingwitness thereto.

93.460 Subpoena to compel witness totestify to execution of deed. Upon the ap-plication of any grantee, or any person

claiming under the grantee, verified by theoath of the applicant setting forth that thegrantor is dead, out of the state, or refusesto acknowledge the deed, and that any wit-ness to the conveyance residing in thecounty where the application is made refusesto appear and testify touching its executionand that the conveyance cannot be provenwithout the evidence of the witness, any of-ficer authorized to take the acknowledgmentor proof of conveyances may issue a sub-poena requiring the witness to appear andtestify before the officer touching the exe-cution of the conveyance. [Amended by 1981 c.11§2]

93.470 Indorsement of certificate ofproof. Every officer who takes the proof ofany conveyance shall indorse a certificatethereof, signed by the officer, on the convey-ance. In the certificate the officer shall setforth those matters required by ORS 93.440to 93.460 to be done, known or proved, to-gether with the names of the witnesses ex-amined before the officer, and their places ofresidence, and the substance of the evidencegiven by them.

93.480 Deed acknowledged or provedas evidence; recordability. Every convey-ance acknowledged, proved or certified in themanner prescribed by law by any of the au-thorized officers may be read in evidencewithout further proof thereof and is entitledto be recorded in the county where the landis situated.





93.530 Execution, acknowledgmentand recordation of assignments ofsheriffs’ certificates of sale. All assign-ments of sheriffs’ certificates of sale of realproperty on execution or mortgage foreclo-sure shall be executed and acknowledged andrecorded in the same manner as deeds of realproperty.

RECORDATION AND ITS EFFECTS93.600 Description of real property for

purposes of recordation. Unless otherwiseprescribed by law, real property shall be de-scribed for recordation by giving the subdi-vision according to the United States surveywhen coincident with the boundaries thereof,or by lots, blocks and addition names, or bypartition plat recording and parcel numbers,or by giving the boundaries thereof by metesand bounds, or by reference to the book andpage, document number or fee number of any



public record of the county where the de-scription may be found or in such othermanner as to cause the description to be ca-pable of being made certain. However, de-scription by tax lot number shall not beadequate. Initial letters, abbreviations, fig-ures, fractions and exponents, to designatethe township, range, section or part of asection, or the number of any lot or block orpart thereof, or any distance, course, bearingor direction, may be employed in any suchdescription of real property. [1987 c.586 §2; 1989c.772 §26; 1995 c.382 §10]

93.610 Separate books for recordingdeeds and mortgages; consolidated index.(1) Separate books shall be provided by thecounty clerk in each county for the record-ing of deeds and mortgages. In one book alldeeds left with the clerk shall be recordedat full length, or as provided in ORS 93.780to 93.800, with the certificates of acknowl-edgment or proof of their execution, and inthe other all mortgages left with the countyclerk shall in like manner be recorded. Allother real property interests required or per-mitted by law to be recorded shall be re-corded in the records maintained under ORS205.130 or in records established under anyother law.

(2) Counties maintaining a consolidatedindex shall record deeds and mortgages andindex them in the consolidated index in sucha manner as to identify the entries as a deedor mortgage record. All other real propertyinterests required or permitted by law to berecorded shall be recorded in the recordskept and maintained under ORS 205.130 or inrecords 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 certifyupon every instrument recorded by thecounty clerk the time when it was recordedand a reference to where it is recorded. Ev-ery instrument is considered recorded at thetime it was so certified. [Amended by 1999 c.654§10]

93.630 Index to record of deeds, mort-gages and other real property interests.The county clerk shall also keep a properdirect index and a proper indirect index tothe record of deeds, mortgages and all otherreal property interests required or permittedby law to be recorded, in which the countyclerk shall enter, alphabetically, the name ofevery party to each instrument recorded bythe county clerk, with a reference to whereit is recorded. [Amended by 1987 c.586 §22; 1999 c.654§11]

93.635 Acknowledgment and recordingof instruments contracting to convey feetitle. (1) All instruments contracting to con-vey fee title to any real property, at a time

more than 12 months from the date that theinstrument is executed and the parties arebound, shall be acknowledged, in the mannerprovided for acknowledgment of deeds, by theconveyor of the title to be conveyed. Exceptfor those instruments listed in subsection (2)of this section, all such instruments, or amemorandum thereof, shall be recorded bythe conveyor not later than 15 days after theinstrument is executed and the parties arebound thereby.

(2) The following instruments contractingto convey fee title to any real property maybe recorded as provided in subsection (1) ofthis section, but that subsection does not re-quire such recordation of:

(a) Earnest money or preliminary salesagreements;

(b) Options; or(c) Rights of first refusal. [1975 c.618 §4; 1977

c.724 §1; 1987 c.586 §23]

93.640 Unrecorded instrument affect-ing title or unrecorded assignment ofsheriff’s certificate of sale void as tosubsequent purchaser. (1) Every convey-ance, deed, land sale contract, assignment ofall or any portion of a seller’s or purchaser’sinterest in a land sale contract or otheragreement or memorandum thereof affectingthe title of real property within this statewhich is not recorded as provided by law isvoid as against any subsequent purchaser ingood faith and for a valuable considerationof the same real property, or any portionthereof, whose conveyance, deed, land salecontract, assignment of all or any portion ofa seller’s or purchaser’s interest in a landsale contract or other agreement or memo-randum thereof is first filed for record, andas against the heirs and assigns of such sub-sequent purchaser. As used in this section,“every conveyance, deed, land sale contract,assignment of all or any portion of a seller’sor purchaser’s interest in a land sale con-tract or other agreement or memorandumthereof affecting the title of real property”includes mortgages, trust deeds, and assign-ments for security purposes or assignmentssolely of proceeds, given by purchasers orsellers under land sale contract. As used inthis section, “memorandum” means an in-strument that contains the date of the in-strument being memorialized, the names ofthe parties, a legal description of the realproperty involved, and the nature of the in-terest created, which is signed by the personfrom whom the interest is intended to pass,and acknowledged or proved in the mannerprovided for the acknowledgment or proof ofdeeds. A memorandum of an instrument con-veying or contracting to convey fee title toany real estate shall state on its face the



true and actual consideration paid for suchtransfer as provided in ORS 93.030.

(2) Every assignment of sheriffs’ certif-icates of sale of real property on executionor mortgage foreclosure which is not re-corded in the records of deeds in the countywhere the land is situated within five daysafter its execution is void as against anysubsequent purchaser in good faith and for avaluable consideration of such certificate ofsale, or the real property covered thereby, orany portion thereof, whose assignment isfirst recorded. [Amended by 1973 c.696 §19; 1977c.605 §2; 1987 c.225 §1; 1989 c.516 §1]

93.643 Method of giving constructivenotice of interest in real property; elec-tronic lien records. (1) To give constructivenotice of an interest in real property, a per-son must have documentation of the interestrecorded in the indices maintained underORS 205.130 in the county where the prop-erty is located. Such recordation, and noother record, constitutes constructive noticeto any person of the existence of the interest,except:

(a) Constructive notice may be given asprovided in ORS 311.405 and 446.515 to446.547 and ORS chapters 87, 450, 451, 452,453, 454, 455 and 456 and local governmentcharters; or

(b) A city may give constructive noticeof a governmental lien by maintaining a re-cord of the lien in an electronic medium thatis accessible online during the regular busi-ness hours of the city.

(2) Notwithstanding subsection (1) of thissection:

(a) A judgment lien attaches to realproperty of the judgment debtor as providedin ORS chapter 18.

(b) A lien shall be created against all realproperty of the person named in an order orwarrant as provided in ORS 205.125 if theorder or warrant is recorded in the CountyClerk Lien Record.

(c) Constructive notice of either a localimprovement district estimated assessmentor a system development charge installmentpayment contract pursuant to ORS 223.290,created after September 9, 1995, is given onlyby one of the following methods:

(A) By recording the notice of estimatedassessment or the acceptance of the systemdevelopment charge installment paymentcontract in the indices maintained underORS 205.130 in the county in which theproperty is located. The recording shall in-clude a description of real property in themanner prescribed in ORS 93.600. The cityshall continue to maintain the bond liendocket as prescribed in ORS 223.230. Thebond lien docket shall include a reference to

the county recording by a document feenumber or book and page number.

(B) By recording the notice of estimatedassessment or the acceptance of the systemdevelopment charge installment paymentcontract through an online electronic me-dium. The electronic lien record shall be thecontrolling lien record, to the exclusion ofany informational recording made by the cityin county indices. The city informationalrecording shall include a clear statement ofthe purpose of the recording and a referenceto the location of the electronic lien record.

(3) A city that maintains records throughan online electronic medium shall complywith the following requirements:

(a) Each lien record shall consist of theeffective date of the recording, a reference tothe location of source documents or files, adescription of real property in the mannerprescribed in ORS 93.600, a site address, ifappropriate, a state property identificationnumber or county property tax identificationnumber, a lien account number or other ac-count identifier, the amount of the estimatedassessment or system development chargeinstallment payment contract, the final as-sessment in the case of a local improvementassessment district and the current amountof principal balance.

(b) Lien records shall be accessiblethrough the online electronic medium to anyindividual or organization by mutual agree-ment with the city. Users of the online elec-tronic medium shall be authorized to accessthe lien records from equipment maintainedat sites of their choosing.

(4) Recording of the satisfaction of a lo-cal improvement district assessment or sys-tem development charge installment paymentcontract shall be made in the same locationas the original recording, either in the in-dices maintained under ORS 205.130 or inthe lien docket maintained through an elec-tronic medium as provided in this section.

(5) A city that establishes an electroniclien record as authorized by this sectionshall record in the County Clerk Lien Recordmaintained under ORS 205.130 a statementthat indicates the date and time at which theelectronic lien record takes priority over theCounty Clerk Lien Record and that describesthe methods by which the electronic lien re-cords of the city are made accessible. [1987c.586 §2a; 1995 c.709 §1; 1997 c.840 §1; 2003 c.576 §229]

93.645 Priority of purchaser; extin-guishing judgment lien; right of judgmentcreditor; “judgment” defined. (1) The in-terest of the purchaser, the heirs and assignsof the purchaser, under a contract for thepurchase and sale of realty, if such contractor memorandum thereof has been recorded in



deed records, shall have priority over thelien of any subsequent judgment against theseller of the property, the heirs and assignsof the seller, and conveyance in fulfillmentof said contract shall extinguish the lien ofany such judgment.

(2) Subsection (1) of this section shall notbe construed to limit the right of a judgmentcreditor to execute upon a vendor’s interestin a land sales contract.

(3) For the purposes of subsection (1) ofthis section, “judgment” includes any lienwhich by law becomes a lien upon real prop-erty in the same manner as a judgment, andincludes a judgment or any such lien in favorof the State of Oregon and its agencies. [1975c.270 §§1,2,3]

93.650 Effect of record or certifiedtranscript in evidence. The record of aconveyance duly recorded, or a transcriptthereof certified by the county clerk inwhose office it is recorded may be read inevidence in any court in the state, with thelike effect as the original conveyance. How-ever, the effect of such evidence may be re-butted by other competent testimony.

93.660 Effect of abstract of title asevidence. Any abstract of title to real prop-erty in this state certified by any personregularly engaged in this state in the busi-ness of preparing and certifying such ab-stracts shall be received in all courts asprima facie evidence of the existence, condi-tion and nature of the record of all deeds,mortgages and other instruments, convey-ances or liens shown or mentioned in theabstract as affecting the property, and thatthe record is as described in such abstract.

93.670 Power of attorney andexecutory contract for sale or purchaseof lands; recordability; effect as evidence;revocation. (1) Every letter of attorney, orother instrument containing a power to con-vey lands, as agent or attorney for the ownerof such lands, and every executory contractfor the sale or purchase of lands, when ac-knowledged or proved in the manner pre-scribed for the acknowledgment or proof ofconveyances, may be recorded in the countyclerk’s office of any county in which thelands to which such power or contract re-lates is situated. When so acknowledged orproved, such letter, instrument or contract,and the record thereof when recorded, or thecertified transcript of such record, may beread in evidence in any court in this statewithout further proof of the same.

(2) No letter of attorney, or other instru-ment so recorded, is deemed to be revokedby any act of the party by whom it was exe-cuted unless the instrument containing such

revocation is also recorded in the same officein which the instrument containing thepower was recorded.

93.680 Patents, judgments and officialgrants; recordability; evidence. (1) Thefollowing are entitled to be recorded in therecord of deeds of the county in which thelands lie, in like manner and with like effectas conveyances of land duly acknowledged,proved or certified:

(a) The patents from the United Statesor of this state for lands within this state.

(b) Judgments of courts in this state re-quiring the execution of a conveyance of realestate within this state.

(c) Approved lists of lands granted to thisstate, or to corporations in this state.

(d) Conveyances executed by any officerof this state by authority of law, of landswithin this state.

(2) The record of any such patent, judg-ment, approved lists or deeds recorded, or atranscript thereof certified by the countyclerk in whose office it is recorded, may beread in evidence in any court in this state,with like effect as the original. [Amended by1979 c.284 §93]

93.690 Recording of instruments evi-dencing passage of title to land fromUnited States to State of Oregon. (1) TheDirector of the Department of State Landsshall forward all patents and clear lists ofland and other documents evidencing that ti-tle to land has passed from the United Statesto the State of Oregon, which have been orshall be received by the State of Oregon, tothe officer in each county of the state inwhich any of such land is situated whoseduty it is to record conveyances of real es-tate. Upon the receipt of such patents, clearlists or other documents, the recording offi-cer of the county shall forthwith record theinstruments in the records of deeds of thecounty and index them in the manner pro-vided for indexing deeds. When the record-ing officer has properly recorded suchinstruments the recording officer shall re-turn them to the Director of the Departmentof State Lands.

(2) When any such instrument includesland in more than one county, the record ofthe instrument in each county need includeonly the description of the land lying whollyor partly in that county and all other landmay be indicated as omitted. [Amended by 1999c.803 §1]



93.710 Instruments or memorandacreating certain interests in realty; con-tents; reforestation order; effect of re-cording. (1) Any instrument creating alicense, easement, profit a prendre, or aleasehold interest or oil, gas or other mineralinterest or estate in real property or an in-terest in real property created by a land salecontract, or memorandum of such instrumentor contract, which is executed by the personfrom whom the interest is intended to pass,and acknowledged or proved in the mannerprovided for the acknowledgment or proof ofother conveyances, may be indexed and re-corded in the records of deeds of real prop-erty in the county where such real propertyis located. Any instrument creating a mort-gage or trust deed, or a memorandumthereof, or assignment for security purposesrelating to any of the interests or estates inreal property referred to in this subsection,which is executed by the person from whomthe mortgage, trust deed, or assignment forsecurity purposes is intended to be given,and acknowledged or proved in the mannerprovided for the acknowledgment or proof ofother conveyances, may be indexed and re-corded in the records of mortgages of realproperty in the county where such realproperty is located. Such recordation,whether the instrument be recorded prior toor subsequent to May 29, 1963, constitutesnotice to third persons of the rights of theparties under the instrument irrespective ofwhether the party granted such interest orestate is in possession of the real property.Any such instrument when so acknowledgedor proved, or certified in the manner pre-scribed by law by any of the authorized offi-cers, may be read in evidence withoutfurther proof thereof.

(2) Any notice under ORS 527.710 or or-der under ORS 527.680 by the State Foresterrequiring the reforestation of specific landsmay be indexed and recorded in the recordsof deeds of real property in the county wheresuch real property is located. Such recorda-tion constitutes notice to third persons of therights and obligations of the parties to thenotice or order. Any such notice or orderwhen properly prepared in the manner pre-scribed by law by any of the authorized offi-cers may be read in evidence without furtherproof thereof.

(3)(a) As used in this section, “memoran-dum” means an instrument that:

(A) Contains the date of the instrumentbeing memorialized;

(B) Contains the names and addresses ofthe parties;

(C) Contains a legal description of thereal property involved and the nature of the

interest created which is signed by the per-son from whom the interest is intended topass; and

(D) Is acknowledged or proved in themanner provided for the acknowledgment orproof of deeds.

(b) In addition to the requirements ofparagraph (a) of this subsection, a memoran-dum of a mortgage or trust deed shall con-tain:

(A) The legend “Memorandum of Mort-gage” or “Memorandum of Trust Deed” ei-ther in capital letters or underscored abovethe body of the memorandum;

(B) A description of any collateral en-cumbered by the mortgage or trust deed,other than the real property, that can beperfected by filing in the real property re-cords of the county in which the collateralis situated;

(C) A description in general terms of theobligation or obligations secured and astatement of the term or maturity date, ifany, of the obligation or obligations;

(D) A statement by the mortgagee orbeneficiary that a complete copy of themortgage or trust deed is available uponwritten request to the mortgagee or benefi-ciary; and

(E) If the mortgage or trust deed consti-tutes a line of credit instrument as definedin ORS 86.155, the information required toappear on the front page of the instrumentunder ORS 86.155 (1)(b).

(c) In addition to the requirements ofparagraph (a) of this subsection, a memoran-dum of an instrument conveying or contract-ing to convey fee title to any real estateshall state on its face the true and actualconsideration paid for such transfer as pro-vided 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]


93.730 Recordation of judgment inother counties. A certified copy of anyjudgment or order of confirmation affectinglands in this state made in any action maybe recorded in the records of deeds in anycounty in which the land affected is whollyor partly situated by any party interested inthe land or in the action. After the transcriptis so recorded, the judgment is notice to allpersons of the action and of the judgment ororder, as completely as if the entire pro-ceedings were had originally in the county inwhich the transcript is recorded. The recordof the transcript is prima facie evidence oftitle as therein determined. [Amended by 2003c.576 §354]



93.740 Notice of lis pendens; contents;recordation; effect; discharge. (1) In allsuits in which the title to or any interest inor lien upon real property is involved, af-fected or brought in question, any partythereto at the commencement of the suit, orat any time during the pendency thereof,may have recorded by the county clerk orother recorder of deeds of every county inwhich any part of the premises lies a noticeof the pendency of the action containing thenames of the parties, the object of the suit,and the description of the real property inthe county involved, affected, or brought inquestion, signed by the party or the attorneyof the party. From the time of recording thenotice, and from that time only, thependency of the suit is notice, to purchasersand incumbrancers, of the rights and equitiesin the premises of the party filing the notice.The notice shall be recorded in the samebook and in the same manner in whichmortgages are recorded, and may be dis-charged in like manner as mortgages aredischarged, either by such party or the at-torney signing the notice.

(2) Except as provided in subsection (3)of this section, a conveyance or encumbrancethat is not recorded in the manner providedby law before the filing of a notice ofpendency that affects all or part of the samereal property is void as to the person re-cording the notice of pendency for all rightsand equities in the real property that areadjudicated in the suit. The provisions ofthis subsection apply only to a conveyanceor encumbrance that under the provisions ofORS 93.640 would be void as against a sub-sequent purchaser whose interest in theproperty is of record at the time the noticeof pendency is recorded and who purchasedthe property in good faith and for valuableconsideration.

(3) A conveyance or encumbrance is notvoid under subsection (2) of this section if:

(a) The person who records a notice ofpendency under this section has notice of theconveyance or encumbrance at the time thenotice of pendency is recorded or otherwisedoes not act in good faith in recording thenotice of pendency; or

(b) Pursuant to ORCP 33, the court al-lows a person claiming an interest in realproperty under the conveyance or encum-brance to intervene in the suit for the pur-pose of seeking adjudication of the person’sinterest or priority in the property.

(4) Unless otherwise prescribed by law, aparty recording a notice of pendency shalluse substantially the following form:

__________________________________________

NOTICE OF PENDENCYOF AN ACTION

Pursuant to ORS 93.740, the undersignedstates:

1. As plaintiff(s), ,has filed an action in the Court for County, State ofOregon;

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 orPlaintiff’s attorney

Name:Address:

Phone No.: STATE OF OREGON )

) ss.County of )

The foregoing instrument was acknowl-edged before me this day of

, 2 by .

Notary Public for OregonMy commission expires:

STATE OF OREGON )) ss.

County of )The foregoing instrument was acknowl-

edged before me this day of, 2 by of

, a corporation, on behalfof the corporation.

Notary Public for OregonMy 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, or-ders and decrees of the United StatesDistrict Court. Copies of documents, ordersand decrees in proceedings in the DistrictCourt of the United States for the Districtof Oregon, which have been certified by theclerk of such court, and which affect title toreal property in this state, shall be entitled



to be recorded in the deed records of anycounty in which such real property is lo-cated. [Amended by 1985 c.540 §46; 1987 c.586 §47]

93.770 Recordability of notices ofbankruptcy and petitions, orders andjudgments from bankruptcy cases. (1) Adebtor or a trustee in bankruptcy, or the at-torney representing either, may present anotice of bankruptcy for recordation in thedeed records of a county in which real prop-erty that is owned by the debtor or in whichthe debtor has an interest is located. Thenotice of bankruptcy may contain a legal de-scription of specific real property, if known,and must:

(a) Be signed by the individual filing thenotice;

(b) Be acknowledged in the manner re-quired 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 casenumber and the bankruptcy chapter filed;

(e) State the name, if applicable, of atrustee for the bankruptcy estate of thedebtor, an attorney representing the debtorand an attorney representing the trustee; and

(f) State that the bankruptcy case affectsreal property in the county that is owned bythe debtor or in which the debtor has an in-terest.

(2) Once recorded in the deed records ofa county, the notice of bankruptcy may bereleased by filing for recordation in the samecounty:

(a) After expiration of the notice period,a copy of a notice of intent to abandon thereal property in a form approved by thebankruptcy court and certified by the clerkof the bankruptcy court;

(b) A copy of a judicial order, certifiedby the clerk of the bankruptcy court, au-thorizing abandonment of the real property;or

(c) A copy of a judicial order, certifiedby the clerk of the bankruptcy court, au-thorizing closure or dismissal of the bank-ruptcy case if the real property was nototherwise administered in the case.

(3) A copy of the following documentsfrom a bankruptcy case or an adversary pro-ceeding under the federal bankruptcy lawsmay be presented for recordation in the deedrecords of a county in which real propertythat is owned by the debtor or in which thedebtor has an interest is located if the copyis certified by the clerk of the bankruptcycourt:

(a) A petition, with the schedules omit-ted.

(b) An order or judgment filed and en-tered. [Amended by 2005 c.85 §1]

93.780 Place of recording of instru-ment containing clauses of a mortgageor trust deed; county clerk to do record-ing; “Master Form.” An instrument con-taining a form or forms of covenants,conditions, obligations, powers and otherclauses of a mortgage or a trust deed may berecorded in any county. The county clerk,upon request of any person and on tender ofthe required fee, shall record the instrument.The instrument shall be entitled “MasterForm” and recorded in the name of the en-tity or person causing it to be recorded. [1969c.583 §2]

93.790 Effect of recording master forminstrument; effect of incorporation byreference in mortgage or trust deed; ef-fect of deviation. (1) After the master forminstrument is recorded pursuant to ORS93.780, any provisions of such instrumentmay be incorporated by reference in anymortgage or trust deed of real estate situatedwithin this state, if the reference in themortgage or trust deed states that:

(a) The master form instrument was re-corded in the county in which the mortgageor trust deed is offered for record;

(b) The date when and the book and pageor pages where the master form instrumentwas recorded; and

(c) A copy of the master form instrumentwas furnished to the party executing themortgage or trust deed at or before the timeof its execution.

(2) The recording of any mortgage ortrust deed which has incorporated by refer-ence any provision of a master form instru-ment recorded as provided in ORS 93.780 haslike effect as if the incorporated provisionswere set forth fully in the mortgage or trustdeed.

(3) In the event any instrument recordedas provided in subsections (1) and (2) of thissection should deviate in any respect from arecorded master form, that portion that devi-ates from the master form shall not bedeemed notice to third parties. [1969 c.583 §§3,5]

93.800 Matter not to be recorded whenaccompanying mortgage or trust deed;liability for nonrecording. (1) No countyclerk shall record matter accompanying amortgage or trust deed presented for record-ing if such matter:

(a) Purports to be copied or reproducedfrom a master form instrument recorded andidentified as required by ORS 93.780;

(b) Is preceded by the words “do not re-cord” or “not to be recorded”; and



(c) Is separated from the mortgage ortrust deed so that it will not appear on aphotographic reproduction of any page con-taining a part of the mortgage or trust deed.

(2) Notwithstanding any law to the con-trary, no recorder is liable for failing to re-cord matter the recorder is prohibited fromrecording by subsection (1) of this section.[1969 c.583 §4]

93.802 Recording of short form mort-gage or short form trust deed. (1) After amaster form instrument is recorded in acounty under ORS 93.780 and 93.790, an in-strument entitled “Short Form Mortgage” or“Short Form Trust Deed” may be recorded.

(2) The short form instrument shall con-tain the title of the instrument, the namesof all parties involved in the encumbrance ofthe real property described in the instru-ment, the legal description of the propertythat is encumbered by the instrument, theamount of the encumbrance, the date onwhich the instrument was executed and anyother information required by law for re-cording the instrument.

(3) Any provision of the master form in-strument recorded under ORS 93.780 may beincorporated in a short form instrument byreference to:

(a) The date when and the book and pageor fee number where the master form instru-ment was recorded; and

(b) Any specific provision of the masterform instrument that applies to the shortform instrument.

(4) A short form instrument recorded un-der this section shall describe provisions inthe short form instrument that deviate inany respect from the recorded master forminstrument.

(5) The person presenting a short forminstrument for recording shall cause a com-plete copy of the master form instrument towhich reference is made in the short forminstrument to be provided or disclosed toeach party involved in the encumbrance ofthe real property described in the short forminstrument. [1991 c.230 §20]

93.804 Requirement for original signa-tures for recording; recordation of certi-fied copies; recordation of electronicimage of instrument. (1) Except as pro-vided in subsections (2) and (3) of this sec-tion, if an instrument presented for recordingconveys an interest in real property and isrequired by law to be acknowledged orproved, a county clerk may not record theinstrument unless the instrument containsthe original signatures of the persons exe-cuting the instrument and the original sig-nature of the officer before whom theacknowledgment was made.

(2) A county clerk may record a certifiedcopy of an instrument that conveys an inter-est in real property if a law authorizes re-cording a certified copy of the instrumentand the instrument contains the originalcertification of the certifying officer.

(3) If an instrument that is eligible to berecorded under the laws of this state is pre-sented for recording as an electronic imageor by electronic means, a county clerk mayrecord the instrument. If the county clerkrecords the instrument, the county clerkshall require the person that presents theinstrument for recording to certify that theinstrument contains the original signaturesrequired under subsection (1) of this sectionor that the instrument from which the per-son made the electronic image contains theoriginal signatures required under subsection(1) of this section.

(4) A county clerk may enter into a con-tract to receive instruments as electronicimages or by electronic means with a con-tractor that presents the instruments for re-cording on behalf of another person. Thecontractor or the other person shall certifyby electronic means or otherwise that theinstrument that the contractor presents forrecording, or the instrument from which theelectronic image was made, contains the ori-ginal signatures required under subsection(1) of this section. [1991 c.230 §21; 2011 c.386 §1]

Note: Sections 4 and 5, chapter 386, Oregon Laws2011, provide:

Sec. 4. An instrument that is presented for re-cording as an electronic image or by electronic meansand that a county clerk records before the effective dateof this 2011 Act [June 16, 2011] complies with the pro-visions of ORS 84.001 to 84.061 and 93.804. [2011 c.386§4]

Sec. 5. The amendments to ORS 93.804 and 93.810by sections 1 and 2 of this 2011 Act apply to documentsthat are recorded or are presented for recording before,on or after the effective date of this 2011 Act [June 16,2011]. [2011 c.386 §5]

93.806 Recordation of instrument cre-ating certain liens. (1) Any instrument cre-ating a lien on unpaid rents and profits ofreal property within this state, by assign-ment, mortgage, pledge or otherwise, ormemorandum thereof, which is executed bythe person from whom the lien is intended tobe given, and acknowledged or proved in themanner provided for the acknowledgment orproof of other conveyances, may be indexedand recorded in the records of mortgages ofreal property in the county where such realproperty is located, as provided in ORS93.710. Such recordation constitutes notice tothird persons, and shall otherwise have thesame effect as recordation pursuant to ORS93.710, specifically, but without limitation,such lien shall not be voidable by and shallnot be subordinate to the rights of either:



(a) A subsequent lien creditor, as definedin ORS 79.0102; or

(b) A subsequent bona fide purchaser ofreal property.

(2) Such an assignment, mortgage orpledge shall be so perfected by such record-ing, without the holder thereof obtaining theappointment of receiver, taking possession ofthe subject real property, filing a financingstatement pursuant to ORS chapter 79 ortaking any other action in addition to suchrecording. (3) As used in this section,“memorandum” has the meaning provided inORS 93.710 (3). [1991 c.299 §1; 2001 c.445 §166]


93.808 Approval of governmental unitrequired to record certain instruments.An instrument conveying title or interest tothe State of Oregon or to a county, city orother political subdivision in this state maynot be recorded unless the instrument car-ries an indication of approval of the convey-ance by this state or the political subdivisionaccepting title or interest. [1999 c.654 §2]

VALIDATING AND CURATIVE ACTS93.810 Validating and curative Acts.

The following are subjects of validating orcurative Acts applicable to this chapter:

(1) Evidentiary effect and recordation ofconveyances before 1854.

(2) Evidentiary effect and recordation ofcertified copies of deeds issued by the StateLand Board before 1885 where the originaldeed was lost.

(3) Defective acknowledgments of mar-ried women to conveyances before 1891.

(4) Foreign instruments executed before1903.

(5) Deeds of married women before 1907,validity; executed under power of attorneyand record as evidence.

(6) Conveyances by reversioners andremainderpersons to life tenant.

(7) Decrees or judgments affecting landsin more than one county.

(8) Irregular deeds and conveyances; de-fective acknowledgments; irregularities injudicial sales; sales and deeds of executors,personal representatives, administrators,conservators and guardians; vested rightsarising by adverse title; recordation.

(9) Defective acknowledgments.(10) Title to lands from or through aliens.

(11) An instrument that is presented forrecording as an electronic image or by elec-tronic means and that is recorded beforeJune 16, 2011. [Amended by 1973 c.823 §96; 2003 c.14§36; 2003 c.576 §355; 2011 c.386 §2]

Note: See note under 93.804.

DEED FORMS93.850 Warranty deed form; effect. (1)

Warranty deeds may be in the followingform:__________________________________________

, Grantor, conveys and warrants to, Grantee, the following described

real property free of encumbrances except asspecifically set forth herein: (Describe theproperty conveyed.)(If there are to be exceptions to the cove-nants described in ORS 93.850 (2)(c), hereinsert such exceptions.)(Following statement of exceptions, here in-sert statement required under ORS 93.040(1).)

The true consideration for this conveyanceis $ . (Here comply with the require-ments 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 inthe described property at the date of the deedwhich the deed purports to convey.

(b) The grantor, the heirs, successors andassigns of the grantor, shall be foreverestopped from asserting that the grantor had,at the date of the deed, an estate or interestin the land less than that estate or interestwhich the deed purported to convey and thedeed shall pass any and all after acquired ti-tle.

(c) It shall include the following cove-nants, each of which shall run in favor of thegrantee and the successors in title of thegrantee as if written in the deed:

(A) That at the time of the delivery ofthe deed the grantor is seized of the estatein the property which the grantor purportsto convey and that the grantor has goodright to convey the same.

(B) That at the time of the delivery of thedeed the property is free from encumbrancesexcept as specifically set forth on the deed.

(C) That the grantor warrants and willdefend the title to the property against allpersons who may lawfully claim the same.



(3) If the grantor desires to exclude anyencumbrances or other interests from thescope of the covenants of the grantor, suchexclusions must be expressly set forth on thedeed. [1973 c.194 §1; 1999 c.214 §1]

93.855 Special warranty deed form; ef-fect. (1) Special warranty deeds may be inthe following form:__________________________________________

, Grantor, conveys and specially war-rants to , Grantee, the following de-scribed real property free of encumbrancescreated or suffered by the grantor except asspecifically set forth herein: (Describe theproperty conveyed.)(If there are to be exceptions to the cove-nants described in ORS 93.855 (2), here insertsuch exceptions.)(Following statement of exceptions, here in-sert statement required under ORS 93.040(1).)The true consideration for this conveyanceis $ . (Here comply with the require-ments 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 asa warranty deed as described in ORS 93.850,except that the covenant of freedom fromencumbrances shall be limited to those en-cumbrances created or suffered by thegrantor and the covenant of warranty shallbe limited to read: “That the grantor war-rants and will defend the title to the prop-erty against all persons who may lawfullyclaim the same by, through or under thegrantor.”

(3) If the grantor desires to exclude anyencumbrances or other interests from thescope of the covenants of the grantor, suchexclusions must be expressly set forth on thedeed. [1973 c.194 §2; 1999 c.214 §2]

93.860 Bargain and sale deed form; ef-fect. (1) Bargain and sale deeds may be inthe following form:__________________________________________

, Grantor, conveys to ,Grantee, the following described real prop-erty: (Describe the property conveyed.)(Following description of property, here in-sert statement required under ORS 93.040(1).)The true consideration for this conveyanceis $ . (Here comply with the require-ments 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 inthe described property at the date of the deedwhich the deed purports to convey.

(b) The grantor, the heirs, successors andassigns of the grantor, shall be foreverestopped from asserting that the grantor had,at the date of the deed, an estate or interestin the land less than that estate or interestwhich the deed purported to convey and thedeed shall pass any and all after acquired ti-tle.

(3) A bargain and sale deed shall not op-erate to provide any covenants of title in thegrantee 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 followingform:__________________________________________

, Grantor, releases and quitclaims to, Grantee, all right, title and interest

in and to the following described real prop-erty: (Describe the property conveyed.)

(Following description of property, here in-sert statement required under ORS 93.040(1).)

The true consideration for this conveyanceis $ . (Here comply with the require-ments 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 con-veying whatever title or interest, legal orequitable, the grantor may have in the de-scribed property at the date of the deed butshall not transfer any title or interest whichthe grantor may thereafter obtain nor shallit operate as an estoppel.

(3) A grantee taking title by way of aquitclaim deed shall not, merely because ofreceipt of title by or through such a deed, bedenied the status of a good faith purchaserfor 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 to93.865 are permissive and not mandatory.Other forms of deeds may be used for theconveyance of real property. [1973 c.194 §5]



FORFEITURE UNDER LAND SALES CONTRACT

93.905 Definitions for ORS 93.905 to93.940. As used in ORS 93.905 to 93.940, un-less the context requires otherwise:

(1) “Contract for transfer or conveyanceof an interest in real property” shall not in-clude earnest money or preliminary salesagreements, options or rights of first refusal.

(2) “Forfeiture remedy” means the non-judicial remedy whereby the seller cancelsthe contract for default, declares thepurchaser’s rights under the contract to beforfeited, extinguishes the debt and retainssums previously paid thereunder by thebuyer.

(3) “Purchase price” means the totalprice for the interest in the real property asstated in the contract, including but not lim-ited to down payment, other property orvalue given or promised for which a dollarvalue is stated in the contract and the bal-ance of the purchase price payable in in-stallments, not including interest. If thecontract provides for the conveyance of aninterest in more than one parcel of property,the purchase price shall include only theportion of the price attributable to the re-maining, unconveyed interest in real prop-erty, if the value thereof is separately statedor can be determined from the terms of thecontract.

(4) “Purchaser” means any person whoby voluntary transfer acquires a contractualinterest in real property, any successor ininterest to all or any part of the purchaser’scontract rights of whom the seller has actualor constructive notice, and any person hav-ing a subordinate lien or encumbrance of re-cord, including, but not limited to, amortgagee, a beneficiary under a trust deedand a purchaser under a subordinate con-tract for transfer or conveyance of an inter-est in real property.

(5) “Seller” means any person who trans-fers or conveys an interest in real property,or any successor in interest of the seller.

(6) “Unpaid balance” means the sum ofthe unpaid principal balance, accrued unpaidinterest and any sums actually paid by theseller on behalf of the purchaser for itemsrequired to be paid by the purchaser, includ-ing amounts paid for delinquent taxes, as-sessments or liens, or to obtain or reinstaterequired insurance. [1985 c.718 §1]

93.910 Enforcement of forfeiture rem-edy after notice of default. Whenever acontract for transfer or conveyance of an in-terest in real property provides a forfeitureremedy, whether the remedy is self-executingor is optional, forfeiture of the interest of apurchaser in default under the contract may

be enforced only after notice of the defaulthas been given to the purchaser as providedin ORS 93.915, notwithstanding any provisionin the contract to the contrary. [1985 c.718 §2]

93.913 Forfeiture allowed for defaultunder certain collateral assignments ofinterest. In the event of a default under acollateral assignment of the interest of aseller or purchaser in a land sale contract,including a collateral assignment of the pro-ceeds thereof, the assignee may enforce aremedy of forfeiture, as set forth in ORS93.905 to 93.945, unless the agreement be-tween the parties otherwise prohibits suchremedy. [1989 c.516 §3]

Note: 93.913 and 93.918 were added to and made apart of ORS chapter 93 by legislative action but werenot added to any series therein. See Preface to OregonRevised Statutes for further explanation.

93.915 Notice of default; contents; re-cordation; time of forfeiture; interimmeasures. (1) In the event of a default un-der a contract for conveyance of real prop-erty, a seller who wishes to enforce aforfeiture remedy must give written noticeof default by service pursuant to ORCP 7D(2) and 7 D(3), or by both first class andcertified mail with return receipt requested,to the last-known address of the followingpersons or their legal representatives, if any:

(a) The purchaser.(b) An occupant of the property.(c) Any person who has caused to be filed

for record in the county clerk’s office of acounty in which any part or parcel of thereal property is situated, a duly acknowl-edged request for a copy of any notice of de-fault served upon or mailed to the purchaser.The request shall contain the name and ad-dress of the person requesting copies of thenotice and shall identify the contract bystating the names of the parties to the con-tract, the date of recordation of the contractand the book and page where the contract isrecorded. The county clerk shall immediatelymake a cross-reference of the request to thecontract, either on the margin of the pagewhere the contract is recorded or in someother suitable place. No request, statementor notation placed on the record pursuant tothis section shall affect title to the propertyor be deemed notice to any person that anyperson so recording the request has anyright, title, interest in, lien or charge uponthe property referred to in the contract.

(2) Notices served by mail are effectivewhen mailed.

(3) The notice shall specify the nature ofthe default, the amount of the default if thedefault is in the payment terms, the date af-ter which the contract will be forfeited if thepurchaser does not cure the default and the



name and address of the seller or the attor-ney for the seller. The period specified in thenotice after which the contract will be for-feited may not be less than:

(a) Sixty days, when the purchaser hasreduced the unpaid balance to an amountgreater than 75 percent of the purchaseprice;

(b) Ninety days, when the purchaser hasreduced the unpaid balance to an amountwhich is more than 50 percent but less than75 percent of the purchase price; or

(c) One hundred twenty days, when thepurchaser has reduced the unpaid balance toan amount which is 50 percent or less of thepurchase price.

(4) The seller shall cause to be recordedin the real property records of each countyin which any part of the property is locateda copy of the notice, together with an affida-vit of service or mailing of the notice of de-fault, reciting the date the notice was servedor mailed and the name and address of eachperson to whom it was given. From the dateof recording, the notice and affidavit shallconstitute constructive notice to third per-sons of the pending forfeiture. If, not laterthan one year after the time for cure statedin a recorded notice and affidavit or any re-corded extension thereof, no declaration offorfeiture based upon the recorded notice andaffidavit has been recorded and no extensionof time for cure executed by the seller hasbeen recorded, the notice and affidavit shallnot be effective for any purpose nor shall itimpart any constructive or other notice tothird persons acquiring an interest in thepurchaser’s interest in the contract or theproperty or any portion of either. Any ex-tension of time for cure executed by theseller shall be recorded in the same manneras the original notice and affidavit.

(5) The statement contained in the noticeas to the time after which the contract willbe forfeited if the default is not cured shallconclusively be presumed to be correct, andthe notice adequate, unless one or more re-cipients of such notice notifies the seller orthe attorney for the seller, by registered orcertified mail, that such recipient claims theright to a longer period of time in which tocure the default.

(6) Subject to the procedural require-ments of the Oregon Rules of Civil Proce-dure, an action may be instituted to appointa receiver or to obtain a temporary restrain-ing order during forfeiture under a land salecontract, except that a receiver shall not beappointed with respect to a single-family res-idence which is occupied at the time the no-tice of default is given, as the principalresidence of the purchaser, the purchaser’s

spouse or the purchaser’s minor dependentchildren. [1985 c.718 §3; 1987 c.717 §1; 1991 c.12 §1]

93.918 Continuation of proceedings af-ter certain types of stay ordered bycourt; procedures. (1) Except when a sellerhas participated in obtaining a stay, contractforfeiture proceedings that are stayed by or-der of the court, by proceedings in bank-ruptcy or for any other lawful reason, shallcontinue after release from the stay as ifuninterrupted, if within 30 days after releasethe seller gives written amended notice ofdefault by certified mail with return receiptrequested, to the last-known address of thosepersons listed in ORS 93.915 (1). Theamended notice of default shall:

(a) Be given at least 20 days prior to theamended date of forfeiture;

(b) Specify an amended date after whichthe contract will be forfeited, which may bethe same as the original forfeiture date;

(c) Conform to the requirements of ORS93.915 (3), except the time periods set forththerein; and

(d) State that the original forfeiture pro-ceedings were stayed and the date the stayterminated.

(2) The new date of forfeiture shall notbe sooner than the date of forfeiture as setforth in the seller’s notice of default whichwas subject to the stay.

(3) Prior to the date of forfeiture, theseller shall cause to be recorded in the realproperty records of each county in which anypart of the property is located, a copy of theamended notice of default, together with anaffidavit of service or mailing of the amendednotice of default, reciting the date theamended notice of default was served ormailed and the name and address of eachperson to whom it was given. From the dateof its recording, the amended notice of de-fault shall be subject to the provisions ofORS 93.915 (4) and (5). [1989 c.516 §4]


93.920 Curing default to avoid forfei-ture; payment of costs and expenses. Apurchaser in default may avoid a forfeitureunder the contract by curing the default ordefaults before expiration of the notice pe-riod provided in ORS 93.915. If the defaultconsists of a failure to pay sums when dueunder the contract, the default may be curedby paying the entire amount due, other thansums that would not then be due had no de-fault occurred, at the time of cure under theterms of the contract. Any other default un-der the contract may be cured by tenderingthe performance required under the contract.In addition to paying the sums or tenderingthe performance necessary to cure the de-fault, the person effecting the cure of the



default shall pay all costs and expenses ac-tually incurred in enforcing the contract, in-cluding, but not limited to, late charges,attorney fees not to exceed $350 and costs oftitle search. [1985 c.718 §4; 1987 c.717 §2]

93.925 Failure to cure default; exclu-siveness of notice. Notwithstanding aseller’s waiver of prior defaults, if notice isgiven and purchaser does not cure the de-fault within the period specified in ORS93.915, the contract forfeiture remedy may beexercised and the contract shall not be rein-stated by any subsequent offer or tender ofperformance. The notice required in ORS93.915 shall be in lieu of any notice that maybe required under the terms of the contractitself, except where greater notice or noticeto persons other than those described in ORS93.915 is required by the terms of the con-tract, in which case notice shall be given forsuch longer period of time and to such addi-tional persons as required by the contract.[1985 c.718 §5]

93.930 Recording affidavit after forfei-ture; affidavit as evidence. (1) When acontract for conveyance of real property hasbeen forfeited in accordance with its termsafter the seller has given notice to the pur-chaser as provided in ORS 93.915, the sellershall record an affidavit with the propertydescription, a copy of the notice of defaultand proof of mailing attached, setting forththat the default of the purchaser under theterms of the contract was not cured withinthe time period provided in ORS 93.915 andthat the contract has been forfeited. Whenthe affidavit is recorded in the deed recordsof the county where the property describedtherein is located, the recitals contained inthe affidavit shall be prima facie evidence inany court of the truth of the matters setforth therein, but the recitals shall be con-clusive in favor of a purchaser for value ingood faith relying upon them.

(2) Except as otherwise provided in ORS93.905 to 93.945 and except to the extentotherwise provided in the contract or otheragreement with the seller, forfeiture of acontract under ORS 93.905 to 93.930 shallhave the following effects:

(a) The purchaser and all persons claim-ing through the purchaser who were giventhe required notices pursuant to ORS 93.915,shall have no further rights in the contractor the property and no person shall have anyright, by statute or otherwise, to redeem theproperty. The failure to give notice to any ofthese persons shall not affect the validity ofthe forfeiture as to persons so notified;

(b) All sums previously paid under thecontract by or on behalf of the purchasershall belong to and be retained by the selleror other person to whom paid; and

(c) All of the rights of the purchaser toall improvements made to the property at thetime the declaration of forfeiture is recordedshall be forfeited to the seller and the sellershall be entitled to possession of the propertyon the 10th day after the declaration offorfeiture is recorded. Any persons remainingin possession after that day under any inter-est, except one prior to the contract, shallbe deemed to be tenants at sufferance. Suchpersons may be removed from possession byfollowing the procedures set out in ORS105.105 to 105.168 or other applicable judicialprocedures.

(3) After the declaration of forfeiture isrecorded, the seller shall have no claimagainst the purchaser and the purchasershall not be liable to the seller for any por-tion of the purchase price unpaid or for anyother breach of the purchaser’s obligationsunder the contract. [1985 c.718 §6; 1987 c.717 §3]

93.935 Effect of purchaser’s abandon-ment or reconveyance on interest, lienor claim. (1) In the event of a default undera contract for conveyance of real property,the recorded interest, lien or claim of a per-son with respect to the real property, by vir-tue of an assignment, conveyance, contract,mortgage, trust deed or other lien or claimfrom or through a purchaser, shall not beaffected by the purchaser’s abandonment orreconveyance to the seller unless the personis given notice in the manner specified inORS 93.915.

(2) The notice shall specify the nature ofthe default, the amount of the default if thedefault is in the payment terms, the date af-ter which the purchaser’s interest in the realproperty will be abandoned or reconveyed tothe seller and the name and address of theseller or the attorney for the seller. The pe-riod specified in the notice after which thepurchaser’s interest will be abandoned or re-conveyed to the seller may not be less than:

(a) Sixty days, when the purchaser hasreduced the unpaid balance to an amountgreater than 75 percent of the purchaseprice;

(b) Ninety days, when the purchaser hasreduced the unpaid balance to an amountwhich is more than 50 percent but less than75 percent of the purchase price; or

(c) One hundred twenty days, when thepurchaser has reduced the unpaid balance toan amount which is 50 percent or less of thepurchase price.

(3) If the person having an interest, lienor claim with respect to the real property,by virtue of an assignment, conveyance, con-tract, mortgage, trust deed or other lien orclaim from or through a purchaser whoseinterest arises under a contract for convey-



ance of real property, cures the default asprovided in ORS 93.920 then such person’sinterest, lien or claim with respect to thereal property shall not be affected by thepurchaser’s abandonment or reconveyance tothe seller. [1985 c.718 §7; 1987 c.225 §3]

93.940 Effect of seller’s foreclosure orother action on interest, lien or claim.The recorded interest, lien or claim of a per-son with respect to the real property, by vir-tue of an assignment, conveyance, contract,mortgage, trust deed or other lien or claimfrom or through a purchaser whose interestarises under a contract for conveyance ofreal property, shall be not affected by theseller’s foreclosure or other action on thecontract unless such person is made a partyto the action brought by the seller to enforceor foreclose the contract. In such action,such person shall be entitled to the samerights and opportunities to cure thepurchaser’s default or satisfy the purchaser’sobligations as are granted the purchaser.[1985 c.718 §8; 1987 c.225 §4]

93.945 Application of ORS 93.910 to93.940. (1) The provisions of ORS 93.910 to93.930 shall apply only to forfeiture remediesenforced after July 13, 1985. The date thatthe initial written notice of a default is givento the purchaser shall be the date of en-forcement of the forfeiture remedy.

(2) The provisions of ORS 93.935 and93.940 shall apply to all contracts for trans-fer or conveyance of an interest in realproperty, whether executed on, before or af-ter July 13, 1985. [1985 c.718 §§9,10]

UNIFORM REAL PROPERTYTRANSFER ON DEATH ACT

93.948 URPTDA 1. Short title. ORS93.948 to 93.979 may be cited as the UniformReal Property Transfer on Death Act. [2011c.212 §1]

Note: 93.948 to 93.985 were enacted into law by theLegislative Assembly but were not added to or made apart of ORS chapter 93 or any series therein by legis-lative action. See Preface to Oregon Revised Statutesfor further explanation.

93.949 URPTDA 2. Definitions. As usedin ORS 93.948 to 93.979:

(1) “Beneficiary” means a person that re-ceives property under a transfer on deathdeed.

(2) “Designated beneficiary” means aperson designated to receive property in atransfer on death deed.

(3) “Joint owner” means a joint tenant,a tenant by the entirety and any other co-owner of property that is held in a mannerthat entitles one or more of the owners toownership of the whole of the property upon

the death of one or more of the other own-ers.

(4) “Person” means an individual, corpo-ration, business trust, personal represen-tative, trustee, partnership, limited liabilitycompany, association, joint venture, publiccorporation, government or governmentalsubdivision, agency or instrumentality or anyother legal or commercial entity.

(5) “Property” means an interest in realproperty located in this state.

(6) “Transfer on death deed” means adeed that conveys property to a designatedbeneficiary at the transferor’s death.

(7) “Transferor” means an individual whomakes a transfer on death deed. [2011 c.212 §2]


93.950 URPTDA 3. Applicability. ORS93.948 to 93.979 apply to a transfer on deathdeed made before, on or after January 1,2012, by a transferor dying on or after Janu-ary 1, 2012. [2011 c.212 §3]


93.951 URPTDA 4. Nonexclusivity.ORS 93.948 to 93.979 do not affect anymethod of transferring property otherwisepermitted by the law of this state. [2011 c.212§4]


93.953 URPTDA 5. Authority fortransfer on death deed. (1) An individualmay transfer property to one or more desig-nated beneficiaries effective at thetransferor’s death by a transfer on deathdeed.

(2) The individual may designate one ormore:

(a) Primary beneficiaries; and(b) Alternate beneficiaries who take the

property only if none of the primary benefi-ciaries is qualified or survives the transferor.[2011 c.212 §5]


93.955 URPTDA 6. Revocability oftransfer on death deed. A transfer ondeath deed is revocable even if the deed oranother instrument contains a contrary pro-vision. [2011 c.212 §6]


93.957 URPTDA 7. Nontestamentarynature of transfer on death deed. Atransfer on death deed is nontestamentary.[2011 c.212 §7]


93.959 URPTDA 8. Capacity of trans-feror; fraud, duress or undue influence.(1) The capacity required to make or revokea transfer on death deed is the same as thecapacity required to make a will.



(2) A transfer on death deed or an in-strument revoking a transfer on death deedthat is procured by fraud, duress or undueinfluence is void.

(3) A proceeding must be commenced notlater than 18 months after the transferor’sdeath to:

(a) Contest the capacity of the transferor;or

(b) Determine whether a transfer ondeath deed or an instrument revoking atransfer on death deed is void because it wasprocured by fraud, duress or undue influence.[2011 c.212 §8]


93.961 URPTDA 9. Requirements. (1)A transfer on death deed:

(a) Except as provided otherwise in para-graph (b) of this subsection, must contain theessential elements and formalities of a prop-erly recordable inter vivos deed;

(b) Must state that the transfer to thedesignated beneficiary is to occur at thetransferor’s death;

(c) Must identify the designated benefici-ary by name; and

(d) Must be recorded before thetransferor’s death in the deed records in theoffice of the county clerk for the county inwhich the property is located.

(2) A beneficiary designation that identi-fies beneficiaries only as members of a classis void. [2011 c.212 §9]


93.963 URPTDA 10. Notice; delivery;acceptance; consideration. A transfer ondeath deed is effective without:

(1) Notice or delivery to, or acceptanceby, the designated beneficiary during thetransferor’s life; or

(2) Consideration. [2011 c.212 §10]Note: See note under 93.948.

93.965 URPTDA 11. Revocation by in-strument; revocation by act. (1) An in-strument is effective to revoke a recordedtransfer on death deed, or any part of it, onlyif the instrument:

(a) Is acknowledged by the transferor af-ter the transferor acknowledges the deed tobe revoked;

(b) Is recorded before the transferor’sdeath in the deed records of the county inwhich the property is located; and

(c) Is one of the following:(A) A transfer on death deed that revokes

the deed, or part of the deed, expressly or byinconsistency;

(B) An instrument of revocation that ex-pressly revokes the deed, or part of the deed;or

(C) An inter vivos deed that transfers aninterest in property that is the subject of atransfer on death deed to the extent of theinterest in property transferred by the intervivos deed.

(2) If authority is expressly granted bythe transfer on death deed, a designatedagent of the transferor may revoke thetransfer on death deed as provided in thissection.

(3) If a transfer on death deed is made bymore than one transferor, revocation by onetransferor does not affect the transfer of an-other transferor’s interest in property by thetransfer on death deed.

(4) After a transfer on death deed is re-corded, the deed may not be revoked by arevocatory act on the deed.

(5) This section does not limit the effectof an inter vivos transfer of the property.[2011 c.212 §11]


93.967 URPTDA 12. Effect of transferon death deed during transferor’s life.During a transferor’s life, a transfer on deathdeed does not:

(1) Affect an interest or right of thetransferor or any other owner, including theright to transfer or encumber the property;

(2) Affect an interest or right of a desig-nated beneficiary, even if the designatedbeneficiary has actual or constructive noticeof the deed;

(3) Affect an interest or right of a se-cured, unsecured or future creditor of thetransferor even if the creditor has actual orconstructive notice of the deed;

(4) Affect the eligibility of the transferoror a designated beneficiary for any form ofpublic assistance;

(5) Create a legal or equitable interest infavor of the designated beneficiary; or

(6) Subject the property to claims orprocess of a secured, unsecured or futurecreditor of the designated beneficiary. [2011c.212 §12]


93.969 URPTDA 13. Effect of transferon death deed at transferor’s death. (1)Except as provided otherwise in the transferon death deed and subject to ORS 107.115,112.455 to 112.555 or 112.570 to 112.590 andORS 93.981, 93.983 and 93.985, when a trans-feror dies, the following rules apply to prop-erty that is subject to a transfer on deathdeed and owned by the transferor at death:



(a) A designated beneficiary’s interest inthe property:

(A) Is transferred to the designated ben-eficiary in accordance with the deed if thedesignated beneficiary survives the trans-feror; or

(B) Lapses if the designated beneficiarydoes not survive the transferor.

(b) If the transferor has identified multi-ple designated beneficiaries to receive con-current interests in the property:

(A) Concurrent interests are transferredto the designated beneficiaries in equal andundivided shares with no right ofsurvivorship; and

(B) The share of a designated beneficiarythat lapses or fails for any reason is trans-ferred to the remaining designated benefici-aries in proportion to the interest of eachdesignated beneficiary in the remaining partof the property held concurrently.

(2) A beneficiary takes the property sub-ject to all conveyances, encumbrances, as-signments, contracts, mortgages, liens andother interests to which the property is sub-ject at the transferor’s death, including aclaim or lien by a state authorized to seekpublic assistance reimbursement if assets ofthe transferor’s probate estate are insuffi-cient to pay the amount of the claim or lien.

(3) If a transferor is a joint owner and is:(a) Survived by one or more joint owners,

the property subject to a transfer on deathdeed belongs to the surviving joint ownerswith a right of survivorship.

(b) The last surviving joint owner, thetransfer on death deed is effective.

(4) A transfer on death deed transfersproperty without covenant or warranty of ti-tle even if the deed contains a contrary pro-vision. [2011 c.212 §13]


93.971 URPTDA 14. Disclaimer. A ben-eficiary may disclaim all or part of thebeneficiary’s interest as provided by ORS105.623 to 105.649. [2011 c.212 §14]


93.973 URPTDA 15. Liability for credi-tor claims and statutory allowances. (1)A transferor’s estate may enforce a liabilityagainst property transferred at the death ofthe transferor by a transfer on death deed tothe extent that the probate estate of thetransferor is insufficient to satisfy:

(a) A claim allowed or established bysummary determination or separate actionunder ORS 114.505 to 114.560 or under ORSchapter 115 against the probate estate; or

(b) A statutory allowance to a survivingspouse or child under ORS 114.015.

(2) If the same transferor transfers mul-tiple properties by one or more transfer ondeath deeds, the liability under this sectionis apportioned among the transferred proper-ties in proportion to the net value of eachtransferred property at the transferor’sdeath.

(3) A proceeding must be commenced notlater than 18 months after the transferor’sdeath to enforce the liability under this sec-tion. [2011 c.212 §15]


93.975 URPTDA 16. Form of transferon death deed. ORS 93.948 to 93.979 governthe effect of an instrument used to create atransfer on death deed. The following formmay be used to create a transfer on deathdeed:__________________________________________

TRANSFER ON DEATH DEED(ORS 93.948 to 93.979)

NOTICE TO OWNER

You should carefully read all informationon this form. You may want to consult alawyer before using this form.

This form must be recorded before yourdeath or it will not be effective.

TAX STATEMENT

Until a change is requested, the countyclerk shall send tax statements to the fol-lowing address:

IDENTIFYING INFORMATION

Owner or Owners Making This Deed:Printed name: Mailing address: Printed name: Mailing address:

Legal description of the property:

PRIMARY BENEFICIARY

I designate the following beneficiary ifthe beneficiary survives me:

Printed name: Mailing address, if available:



ALTERNATE BENEFICIARY(Optional)

If my primary beneficiary does not sur-vive me, I designate the following alternatebeneficiary if that beneficiary survives me:

Printed name: Mailing address, if available:

TRANSFER ON DEATH

At my death, I transfer my interest inthe described property to the beneficiaries asdesignated above.

Before my death, I have the right to re-voke this deed.

SPECIAL TERMS(Optional)

RETURN OF DEED

After recording, the county clerk shallreturn the deed to:

SIGNATURE OF OWNER OR OWNERSMAKING THIS DEED

Signature: Date:

Signature: Date:

State of County of This instrument was acknowledged be-

fore me on (date) by .(name(s) of person(s))

(Signature of notarial officer)(Seal, if any)

Title (and Rank)My commission expires:

__________________________________________

[2011 c.212 §16]Note: See note under 93.948.

93.977 URPTDA 17. Form of instru-ment revoking transfer on death deed.ORS 93.948 to 93.979 govern the effect of aninstrument used to revoke a transfer ondeath deed. The following form may be used

to create an instrument revoking a transferon death deed:__________________________________________

INSTRUMENT REVOKINGTRANSFER ON DEATH DEED

NOTICE TO OWNER

This instrument revoking a transfer ondeath deed must be recorded before you dieor it will not be effective. This instrument iseffective only as to the interests in the prop-erty of the owner who signs this instrument.

IDENTIFYING INFORMATION

Owner or Owners of Property MakingThis Instrument of Revocation:

Printed name: Mailing address: Printed name: Mailing address:

Legal description of the property:

REVOCATION

I hereby revoke all my previous transfersof this property by transfer on death deed.

RETURN OF INSTRUMENT

After recording, the county clerk shallreturn the instrument to:

SIGNATURE OF OWNER OR OWNERSMAKING THIS DEED

Signature: Date:

Signature: Date:

State of County of This instrument was acknowledged be-

fore me on (date) by .(name(s) of person(s))

(Signature of notarial officer)(Seal, if any)

Title (and Rank)



My commission expires: __________________________________________

[2011 c.212 §17]Note: See note under 93.948.

93.979 Relation to Electronic Signa-tures in Global and National CommerceAct. ORS 93.948 to 93.979 modify, limit andsupersede the federal Electronic Signaturesin Global and National Commerce Act, 15U.S.C. 7001, et seq., but do not modify, limitor supersede 15 U.S.C. 7001(c), or authorizeelectronic delivery of a notice described in15 U.S.C. 7003(b). [2011 c.212 §18]


93.981 Effect of divorce or annulmenton transfer on death deed. Unless a trans-fer on death deed provided for under ORS93.948 to 93.979 evidences a different intentof the transferor, the divorce or annulmentof the marriage of the transferor after therecording of the transfer on death deed re-vokes all provisions in the transfer on deathdeed in favor of the former spouse of thetransferor and the effect of the transfer ondeath deed is the same as though the formerspouse did not survive the transferor. [2011c.212 §19]


93.983 Transfer to parent who de-serted or neglected transferor. (1) Prop-erty that would pass by transfer on deathdeed under ORS 93.948 to 93.979 from a de-ceased transferor to a parent of the deceasedtransferor shall pass and be vested as if theparent had predeceased the transferor if thetransferor was an adult when the transferordied and:

(a) The parent of the transferor willfullydeserted the transferor for the 10-year periodimmediately preceding the date on which thetransferor became an adult; or

(b) The parent neglected without just andsufficient cause to provide proper care andmaintenance for the transferor for the10-year period immediately preceding thedate on which the transferor became anadult.

(2) Property that would pass by transferon death deed under ORS 93.948 to 93.979from the deceased transferor to a parent ofthe deceased transferor shall pass and bevested as if the parent had predeceased thetransferor if the transferor was a minorwhen the transferor died and:

(a) The parent of the transferor willfullydeserted the transferor for the life of thetransferor or for the 10-year period imme-diately preceding the date on which thetransferor died; or

(b) The parent neglected without just andsufficient cause to provide proper care and

maintenance for the transferor for the life ofthe transferor or for the 10-year period im-mediately preceding the date on which thetransferor died.

(3) For the purposes of subsections (1)and (2) of this section, the court may disre-gard incidental visitations, communicationsand contributions in determining whether aparent willfully deserted the deceased trans-feror or neglected without just and sufficientcause to provide proper care and mainte-nance for the transferor.

(4) For the purposes of subsections (1)and (2) of this section, in determiningwhether the parent willfully deserted the de-ceased transferor or neglected without justand sufficient cause to provide proper careand maintenance for the deceased transferor,the court may consider whether a custodialparent or other custodian attempted, withoutgood cause, to prevent or to impede contactbetween the transferor and the parent whosetransfer would be forfeited under this sec-tion.

(5) The transfer of property, as defined inORS 93.949, to a parent of a deceased trans-feror may be forfeited under this section onlypursuant to an order of the court entered af-ter the filing of a petition under ORS 93.985.A petition filed under ORS 113.035 may notrequest the forfeiture of a transfer by atransfer on death deed of a parent of a de-ceased transferor under this section. [2011c.212 §20]


93.985 Forfeiture of transfer by parentwho deserted or neglected transferor. (1)A petition may be filed in probate pro-ceedings to assert that the interest in prop-erty, as defined in ORS 93.949, transferred bya transfer on death deed to a parent of a de-ceased transferor is subject to forfeiture un-der ORS 112.047. A petition may be filedunder this section only by a person whowould be benefited by a forfeiture of theparent’s share.

(2) A petition under this section must befiled not later than:

(a) Four months after the date of deliveryor mailing of the information described inORS 113.145 if that information was requiredto be delivered or mailed to the person onwhose behalf the petition is filed; or

(b) Four months after the first publica-tion of notice to interested persons if theperson on whose behalf the petition is filedwas not required to be named as an inter-ested person in the petition for appointmentof a personal representative.

(3) The petitioner has the burden ofproving the facts alleged in a petition filed



under this section by clear and convincingevidence. [2011 c.212 §21]


Note: Sections 29 and 31, chapter 212, Oregon Laws2011, provide:

Sec. 29. The Oregon Law Commission shall makea copy of the commentary approved by the commissionfor the provisions of sections 1 to 21 of this 2011 Act[93.948 to 93.985] and the amendments to ORS 86.740,93.030, 93.040, 107.115, 112.465, 112.570 and 125.440 bysections 22 to 28 of this 2011 Act available on a websitemaintained by the commission. [2011 c.212 §29]

Sec. 31. Sections 19 to 21 of this 2011 Act [93.981to 93.985] and the amendments to ORS 86.740, 93.030,93.040, 107.115, 112.465, 112.570 and 125.440 by sections22 to 28 of this 2011 Act apply to a transfer on deathdeed made before, on or after the effective date of this2011 Act [January 1, 2012] by a transferor dying on orafter the effective date of this 2011 Act. [2011 c.212 §31]

PENALTIES93.990 Penalties. (1) The giving of a false

statement of the true and actual consider-ation as required by ORS 93.030 is a ClassA violation.

(2) Any person served with the subpoenamentioned in ORS 93.460 who, without rea-sonable cause, refuses or neglects to appear,or appearing refuses to answer upon oathtouching the matter mentioned in ORS 93.460shall forfeit to the injured party $100. Theperson may also be committed to prison asfor a contempt by the officer who issued thesubpoena until the person submits to answeron oath as aforesaid.

(3) Violation of ORS 93.635 is a Class Dviolation. [Subsection (1) enacted as 1967 c.462 §2;subsection (3) enacted as 1975 c.618 §4; 1977 c.724 §2;1999 c.1051 §149]


PROPERTY RIGHTS AND TRANSACTIONS


Chapter 93

Documents

Transcript of Chapter 93