Oregon Quit Claim Deed Form
The Oregon Quit Claim Deed is without a doubt the most stripped back version of a Deed available that has the legal power to transfer interest. This is because it is not legally possible for this contract to establish any warranties or covenants of title. The party receiving the interest (called the “Grantee”) should therefore already know precise nature of the interest the party offering it (the “Grantor”) holds. That is, the Grantee should first confirm that the Grantor genuinely holds interest in the property. They should then determine whether the Grantor solely holds the interest or whether there are any other parties who also do.
Laws (ORS 93.865): Oregon Revised Statutes, Vol. 3: “Landlord-Tenant, Domestic Relations, Probate,” Chapter 93, “Conveyancing and Recording”
Form of the Oregon Quit Claim Deed (ORS 93.865): This section provides a statutory form that may be used to execute an Oregon Quit Claim Deed. In it, the following information must be provided:
- The name of the Grantor,
- The name of the Grantee,
- The words, “quitclaims to,”
- A description of the property,
- The statement provided by ORS 93.040: “Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property,”
- The amount of the consideration (in dollars), and
- The date of execution.
ORS 93.870 clarifies that using the form provided by ORS 93.865 is “permissive and not mandatory.” Given that it is quite basic, it may be in the interests of both parties to use a slightly more detailed form, such as the one provided on this page.
Statement of consideration (ORS 93.030): The “true and actual consideration paid for the transfer” must be written on the Deed. This amount should be stated in dollars ($).
Using a Quit Claim Deed to pass estate (ORS 93.110): This section states that a Quit Claim Deed executed in Oregon (specifically, “a deed of quitclaim and release”) will sufficiently “pass all the estate which the grantor could lawfully convey by a deed of bargain and sale.”
- One dollar ($1.00) per one thousand dollars ($1000.00) or fraction thereof of the property’s selling price.
The tax must be paid within fifteen (15) days of the date of tender. The payment must be made to the director of recording of the documents transferring real property. Exemptions are stated in Chapter 3.04.040 and rules about extensions are stated in Chapter 3.04.080. As per Chapter 3.04.160 and Chapter 3.04.160, penalties will apply for late payment.
Signing requirements (ORS 93.010 and ORS 93.410): An Oregon Quit Claim Deed will be deemed valid once it is signed by the Grantor and is acknowledged before an Oregon judge of the Supreme Court, circuit judge, county judge, justice of the peace, or Notary Public.
How to file a Quit Claim Deed in Oregon (ORS 93.410): The Grantor of any Oregon Quit Claim Deed must sign their name to the contract, and must subsequently acknowledge it before a county, circuit, or Supreme Court judge, justice of the peace, or a Notary Public in Oregon state. Each county in Oregon will have a set fee for making the recording.
Oregon’s “race-notice recording statute” will result in substantial consequences for any party who does not make a record of their Quit Claim Deed. That is, if one party innocently purchases and then records their conveyance because they lacked notice that another party executed—but did not record—their conveyance of the same property, they will win the title rights to the property. Conversely, the party who did not record their conveyance (i.e., the Quit Claim Deed) will be left with absolutely no title rights to the property.