Oregon Quitclaim Deed Article

Last Updated: February 27, 2024 by Rukshani Lye

Pg1 2 on iPropertyManagement.com
.PDF .DOC Create Document

Last Updated: February 27, 2024 by Rukshani Lye

What is a Quitclaim Deed in Oregon? 

In Oregon, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”), without any promises or guarantees about the property’s title.  It conveys the Grantor’s interest in the property as of the deed’s date but doesn’t cover any interests gained after that date.

Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Oregon.

The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.

Read more

What is the Difference Between a Quitclaim Deed and a Warranty Deed in Oregon?

The main difference between quitclaim deeds and warranty deeds in Oregon is that a quitclaim deed provides less security to the Grantee. 

A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer. Warranty deeds are mostly used for real estate transactions in Oregon. Quitclaim deeds, on the other hand, are used for transfers between family and friends.

Bargain and Sale Deed

In Oregon, bargain and sale deeds are similar to quitclaim deeds as they transfer property without guaranteeing the title. However, unlike a quitclaim deed, a bargain and sale deed also includes any new interests that the Grantor may gain after the deed is transferred.

Read more

How Do Quitclaim Deeds Work in Oregon?

Laws surrounding quitclaim deeds are found in Chapter 93 of the Oregon Revised Statutes, titled Conveyancing and Recording.

Oregon laws provide the sample language to be used in a quitclaim deed. It must state that the Grantor intends to “release and quitclaim” the property to the Grantor. The term “convey” is not used in an Oregon quitclaim deed as it implies warranty. 

Once prepared, the quitclaim deed must be filed at the Clerk’s Office in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in Oregon?

You can prepare your own quitclaim deed in Oregon. A professional drafter is not legally required. 

Oregon Quitclaim Deed Requirements

For the quitclaim deed to be legally valid in Oregon, it must follow certain state-specific rules.

Formatting Requirements

Formatting requirements for quitclaim deeds in Oregon include:

  1. Paper size: maximum legal size (8.5 x 14).
  2. Font: minimum of 10 points.
  3. Text: legible and photocopiable. 
  4. Paper quality: Printed on high-quality, non-bleed-through paper suitable for photocopies.
  5. Top margin: Leave 4×2 inches on the right of first-page for Recorder.

Content Requirements – First Page

The first page of an Oregon quitclaim deed must contain the following:

  1. Grantor’s name and address.
  2. Grantee’s name and address.
  3. The title “Quitclaim Deed.”
  4. Return name and address.
  5. Consideration clause.
    • The quitclaim deed must state the “true and actual consideration” exchanged for the property.
    • This includes the cash amount paid for the property or the value of the property at the time of transfer. 
    • If money is not exchanged, any financial obligations related to the property (such as mortgages or loans) must be mentioned.
    • If the transfer is based on a non-cash exchange (such as a promise or asset), the exact value is not necessary; however, it must be mentioned here.
  6. Name and address for future tax statements under the following form:
    “Until a change is requested, all tax statements shall be sent to the following address:”

Standard Content Requirements 

The following items must also be included in an Oregon quitclaim deed: 

  1. Property address.
  2. Property’s legal description.
    Use one or more of the following to describe the property:

    • Subdivision name (lot/block).
    • Metes and bounds description.
    • Book and page of a recorded deed. 
  3. Mandatory Statements for Instruments of Conveyance.
    The following statement must be inserted into the quitclaim deed following the land description:
    “BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300 (Definitions for ORS 195.300 to 195.336), 195.301 (Legislative findings) AND 195.305 (Compensation for restriction of use of real property due to land use regulation) TO 195.336 (Compensation and Conservation Fund) AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 (Definitions for ORS 92.010 to 92.192) OR 215.010 (Definitions), TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930 (Definitions for ORS 30.930 to 30.947), AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300 (Definitions for ORS 195.300 to 195.336), 195.301 (Legislative findings) AND 195.305 (Compensation for restriction of use of real property due to land use regulation) TO 195.336 (Compensation and Conservation Fund) AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.”

Who Signs a Quitclaim Deed in Oregon?

For a quitclaim deed to be legally valid in Oregon, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public or an authorized officer.

How to File a Quitclaim Deed in Oregon 

Here’s how to file a quitclaim deed in Oregon: 

  1. Prepare the quitclaim deed with the information required.
  2. First Page Requirement.
    • Ensure the first page of the deed has all the required information. If it is excluded, the County Clerk will add a cover sheet for an extra $5.00 charge.
    • If the information necessary for the first page is not available, the clerk may accept the deed with a $20.00 non-compliance fee.
  3. Once the quitclaim deed is signed, ensure that it is acknowledged before a notary public.
  4. Finally, the quitclaim deed must be filed at the Clerk’s Office in the county where the property is located.

      How Much Does it Cost to File a Quitclaim Deed in Oregon?

      Oregon law sets the minimum charge for filing a quitclaim deed at $5 per page. However, the actual filing fees charged by counties can vary and are often higher.

      For instance, in most counties, the fee for recording the first page ranges from $86 to $110, with each additional page costing $5.

      What Taxes Are Owed on Quitclaim Deeds in Oregon?

      With the exception of Washington County, in Oregon, transfers of property using a quitclaim deed are not subject to real estate transfer taxes.

      Washington County Transfer Tax.

      • A tax of $1 per $1,000 of consideration is levied on the transfer of title to real property.
      • Many transfers that are typically filed using quitclaim deeds are exempt from the Washington County transfer tax, including:
        • Low-value transfers (consideration $13,999 or less).
        • Transfer made as gifts.
        • Transfers related to inheritance.
        • Court-ordered transfers between spouses (during marriage or divorce).

      Read more

      How Long Does a Quitclaim Deed Take to be Recorded in Oregon?

      The time it takes to record a quitclaim deed in Oregon typically does not exceed ten business days. Oregon law requires the county clerk to return the recorded instrument to the name and address provided for returns within ten business days from the date of recordation, excluding days when the office is closed.

      What Happens After a Quitclaim Deed is Recorded in Oregon?

      Once presented to the County Clerk’s Office, the quitclaim deed will be reviewed to ensure compliance with Oregon’s recording statutes. If there are any issues, the deed will be returned with information on what is wrong.

      If prepared correctly, the County Clerk’s Office will scan and process the deed. An index will be created so that the deed can be retrieved as part of the county’s permanent public record.

      How Long Are Quitclaim Deeds Valid For in Oregon? 

      There is no expiration for quitclaim deeds in Oregon. However, the statute of limitations to recover property in the state is 10 years.

      Sources