The Oregon quitclaim deed is a document one party, called the grantor (seller), uses to transfer the property to another party, called the grantee (buyer).
The quitclaim deed has the simplest form among all the other types of deeds. This enables the parties to make transactions without additional formalities.
However, the main flaw of the general quitclaim form is its lack of warranties for the grantee. By signing the quitclaim deed, the grantor simply transfers their interests in the property without providing a warranty that there are no other claims against the property.
Quitclaim Deed Important Laws & Requirements in Oregon
Laws & Requirements
Statute: § 93.865
Signing requirements: The grantor's signature must be authorized by the notary public or other relevant authority. (§ 93.410)
Recording: The parties must record the quitclaim deed with the County Clerk according to the location of the property.
Recording fees: $5 per page. (§ 205.320(d))
Additional documents: Property Disclosure Statement - For residential property, the grantor must submit this statement to the grantee to disclose the condition of the property.
When to Use a Quitclaim Deed in Oregon
Due to its specific features (lack of warranties and simple form), the general quitclaim form can be used in certain types of transactions and other legal activities.
#1. Title Modifications
The grantor can use this document to make modifications to the property title.
They can do so for the following reasons:
Quitclaim Deed Title Alteration
To correct the error in the property title
For updating the information in the title
To add or remove people from the title
#2. Property Transfer
The most common use for the quitclaim deed is to transfer the property. Compared to the other types of deeds, the quitclaim deed has the simplest form, which enables the parties to make a quick and easy property transfer.
However, the quitclaim deed lacks the grantee's protection.
The grantor is not required to provide any guarantees that they are authorized to transfer the property or that there are no other claims to the property when using the quitclaim deed. Therefore, the grantee should always check the property title to make sure there are no flaws or restrictions.
#3. Living Trust Transfer
The grantor can use the quitclaim deed to make the transfer of their property to their living trust. Besides the will, this is the most commonly used method for transferring property to loved ones during the grantor's lifetime.
How to Create a Quitclaim Deed in Oregon
#1. Fill Out The Form
Insert information about the grantor and grantee, such as their first and last names, mailing addresses, and marital status.
This section should also include information about the vesting. The vesting describes how the grantee will hold the title. In practice, real property is most commonly held as a tenancy in common or tenancy by entirety.
#2. Add the “Note Consideration”
This section provides information about the value the grantee has to transfer to the grantor to obtain the property. The consideration can be the transfer of money, default on debt, providing certain services, or any other kind of value.
The parties can also arrange that the property be transferred to the grantee without any consideration (as a gift). This kind of arrangement is usually done between family members.
#3. Write the Legal Description
The legal description includes the plot number, section, township, block, street address, and other information that will help the parties individualize the transferred property.
The legal description should also include information about any restrictions or claims against the property title.
#4. Sign & Get it Notarized
The grantor must sign the quitclaim deed before the notary public or other relevant authority.
#5. File the Quitclaim Deed
The parties must file the quitclaim deed with the body authorized for deed registration.
Where to File a Quitclaim Deed in Oregon
In Oregon, the parties should file the quitclaim deed with the County Clerk for registration.