When filing a quitclaim deed in Oregon, attention to detail is crucial. The deed must meet extensive formatting, content, and filing requirements to be valid. Follow these steps to meet the proper guidelines.
Step 1: Locate the Property Description
You will need the property’s legal description to transfer real estate using a quitclaim deed. Even transferring partial rights, adding someone to a deed, or correcting an error requires a copy of the real estate in question.
Typically, you can find a legal description of the property on the original deed. Simply copy this information onto the quitclaim form word-for-word or reference the previously recorded deed by book and page number, per ORS § 308.240.
Step 2: Complete the Quitclaim Deed Form
Draft your quitclaim deed based on the verbiage provided under ORS § 93.865. Although the language can be modified slightly, it should always include the phrase “quitclaim and release.” This terminology releases the grantor’s interest in the property without granting any warranty of title.
Your document must also include word-for-word disclosures from ORS § 93.040, as well as a statement of consideration, per ORS § 93.030. Consideration for the property includes the actual amount paid, even if it is negligible. If the quitclaimed property is a gift or exchanged for other property, this must also be noted on the form.
Step 3: Sign the Deed Before a Notary Public
Quitclaim deeds must be signed by the grantor before a notary public, judge, or justice of the peace, according to ORS § 93.010 and ORS § 93.410.
Without an acknowledgment by the appropriate authorized witness, your form may be invalidated. If it does not already include a notary acknowledgment, you can find statutory language under ORS § 194.285.
Step 4: File the Document With the County Clerk
ORS § 93.635 requires the grantor to record an Oregon quitclaim deed within 15 days of signing. The deed must be registered with the County Clerk’s Office in the county where the property is situated. You will be required to pay recording fees and may also owe transfer tax if the property is in Washington County.
