reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.690 - Recording of instruments evidencing passage of title to land from United States to State of Oregon.

(1) The Director of the Department of State Lands shall forward all patents and clear lists of land and other documents evidencing that title to land has passed from the United States to the State of Oregon, which have been or shall be received by the State of Oregon, to the officer in each county of the state in which any of such land is situated whose duty it is to record conveyances of real estate. Upon the receipt of such patents, clear lists or other documents, the recording officer of the county shall forthwith record the instruments in the records of deeds of the county and index them in the manner provided for indexing deeds. When the recording officer has properly recorded such instruments the recording officer shall return them to the Director of the Department of State Lands.
(2) When any such instrument includes land in more than one county, the record of the instrument in each county need include only the description of the land lying wholly or partly in that county and all other land may be indicated as omitted. [Amended by 1999 c.803 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.730 - Recordation of judgment in other counties.

A certified copy of any judgment or order of confirmation affecting lands in this state made in any action may be recorded in the records of deeds in any county in which the land affected is wholly or partly situated by any party interested in the land or in the action. After the transcript is so recorded, the judgment is notice to all persons of the action and of the judgment or order, as completely as if the entire proceedings were had originally in the county in which the transcript is recorded. The record of the transcript is prima facie evidence of title as therein determined. [Amended by 2003 c.576 §354]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.760 - Recordability of documents, orders and decrees of the United States District Court.

Copies of documents, orders and decrees in proceedings in the District Court of the United States for the District of Oregon, which have been certified by the clerk of such court, and which affect title to real property in this state, shall be entitled to be recorded in the deed records of any county in which such real property is located. [Amended by 1985 c.540 §46; 1987 c.586 §47]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.770 - Recordability of notices of bankruptcy and petitions, orders and judgments from bankruptcy cases.

(1) A debtor or a trustee in bankruptcy, or the attorney representing either, may present a notice of bankruptcy for recordation in the deed records of a county in which real property that is owned by the debtor or in which the debtor has an interest is located. The notice of bankruptcy may contain a legal description of specific real property, if known, and must:
(a) Be signed by the individual filing the notice;
(b) Be acknowledged in the manner required 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 case number and the bankruptcy chapter filed;
(e) State the name, if applicable, of a trustee for the bankruptcy estate of the debtor, an attorney representing the debtor and an attorney representing the trustee; and
(f) State that the bankruptcy case affects real property in the county that is owned by the debtor or in which the debtor has an interest.
(2) Once recorded in the deed records of a county, the notice of bankruptcy may be released by filing for recordation in the same county:
(a) After expiration of the notice period, a copy of a notice of intent to abandon the real property in a form approved by the bankruptcy court and certified by the clerk of the bankruptcy court;
(b) A copy of a judicial order, certified by the clerk of the bankruptcy court, authorizing abandonment of the real property; or
(c) A copy of a judicial order, certified by the clerk of the bankruptcy court, authorizing closure or dismissal of the bankruptcy case if the real property was not otherwise administered in the case.
(3) A copy of the following documents from a bankruptcy case or an adversary proceeding under the federal bankruptcy laws may be presented for recordation in the deed records of a county in which real property that is owned by the debtor or in which the debtor has an interest is located if the copy is certified by the clerk of the bankruptcy court:
(a) A petition, with the schedules omitted.
(b) An order or judgment filed and entered. [Amended by 2005 c.85 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.779 - Definitions for ORS 93.779 to 93.802.

As used in ORS 93.779 to 93.802:
(1) "Master form instrument" means an instrument containing a form or forms of covenants, conditions, obligations, powers and other clauses of a mortgage, a trust deed or an instrument creating affordable housing covenants.
(2) "Short form instrument" means a short form mortgage, a short form trust deed or any instrument that documents a real estate transaction that incorporates by reference and applies all or any affordable housing covenants created in a recorded master form instrument into the transaction. [2012 c.6 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.780 - Recordation of master form instrument.

Upon request of any person and on tender of the required fee, the county clerk shall record a master form instrument in the name of the person causing it to be recorded. [1969 c.583 §2; 2012 c.6 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.790 - Incorporation of master form instrument by reference in short form instrument; effect of deviation.

(1) After a master form instrument is recorded pursuant to ORS 93.780, subject to subsection (3) of this section, the person that caused the master form instrument to be recorded may cause all or any of the provisions of the master form instrument to apply to real estate situated within the county in which the master form instrument was recorded by incorporating all or any of the provisions of the master form instrument by reference in a short form instrument, if the reference in the short form instrument states:
(a) That the master form instrument was recorded in the county in which the short form instrument is offered for record;
(b) The date when and the book and page or pages where the master form instrument was recorded; and
(c) That a copy of the master form instrument was furnished to the party executing the short form instrument at or before the time the party executes the short form instrument.
(2) The recording of a short form instrument that incorporates by reference any provision of a master form instrument recorded as provided in ORS 93.780 has like effect as if the incorporated provisions were set forth fully in the short form instrument.
(3) If a short form instrument recorded as provided in this section deviates in any respect from a recorded master form instrument and fails to describe the deviation as required by ORS 93.802 (4), the portion of the short term instrument that deviates from the master form instrument is deemed not to be notice to third parties. [1969 c.583 §§3,5; 2012 c.6 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.800 - Matter not to be recorded when accompanying short form instrument; liability for nonrecording.

(1) A county clerk may not record matter accompanying a short form instrument presented for recording if the matter:
(a) Purports to be copied or reproduced from a master form instrument recorded and identified as required by ORS 93.780;
(b) Is preceded by the words "do not record" or "not to be recorded"; and
(c) Is separated from the short form instrument so that it will not appear on a photographic reproduction of any page containing a part of the short form instrument.
(2) Notwithstanding any law to the contrary, a county clerk is not liable for refusing to record matter the county clerk is prohibited by this section from recording. [1969 c.583 §4; 2012 c.6 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.802 - Recordation of short form instrument.

(1) After a master form instrument is recorded in a county under ORS 93.779 to 93.802, an instrument entitled "Short Form Mortgage," "Short Form Trust Deed" or "Short Form Instrument Creating Affordable Housing Covenants" may be recorded.
(2) The short form instrument must contain the title of the short form instrument, the names of all parties involved in the encumbrance of the real property described in the short form instrument, the legal description of the property that is encumbered by the short form instrument, the amount of the encumbrance, the date on which the short form instrument was executed and any other information required by law for recording the short form instrument.
(3) Any provision of the master form instrument recorded under ORS 93.779 to 93.802 may be incorporated in the short form instrument by reference to:
(a) The date when and the book and page or fee number where the master form instrument was recorded; and
(b) Any specific provision of the master form instrument that applies to the short form instrument.
(4) A short form instrument recorded under this section must describe provisions in the short form instrument that deviate in any respect from the provisions of the recorded master form instrument.
(5) The person presenting a short form instrument for recording shall cause a complete copy of the master form instrument to which reference is made in the short form instrument to be provided or disclosed to each party involved in the encumbrance of the real property described in the short form instrument. [1991 c.230 §20; 2012 c.6 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.804 - Requirement for original signatures for recording; recordation of certified copies; recordation of electronic image of instrument.

(1) As used in this section:
(a) "Instrument" includes an electronic record as defined in ORS 84.004.
(b) "Original certification" or "original signature" includes an electronic signature as defined in ORS 84.004.
(2) Except as provided in subsections (3) and (4) of this section, if an instrument presented for recording conveys an interest in real property and is required by law to be acknowledged or proved, a county clerk may not record the instrument unless the instrument contains the original signatures of the persons executing the instrument and the original signature of the officer before whom the acknowledgment was made.
(3) A county clerk may record a certified copy of an instrument that conveys an interest in real property if a law authorizes recording a certified copy of the instrument and the instrument contains the original certification of the certifying officer.
(4) If an instrument that is eligible to be recorded under the laws of this state is presented for recording as an electronic image or by electronic means, a county clerk may record the instrument. If the county clerk records the instrument, the county clerk shall require the person that presents the instrument for recording to certify by electronic means or otherwise that the instrument, or the instrument from which the electronic image was made, contains the original signatures required under subsection (2) of this section.
(5) A county clerk may enter into a contract to receive instruments as electronic images or by electronic means with a contractor that presents the instruments for recording on behalf of another person. The contractor or the other person shall certify by electronic means or otherwise that the instrument that the contractor presents for recording, or the instrument from which the electronic image was made, contains the original signatures required under subsection (2) of this section. [1991 c.230 §21; 2011 c.386 §1; 2019 c.402 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.806 - Recordation of instrument creating certain liens.

(1) Any instrument creating a lien on unpaid rents and profits of real property within this state, by assignment, mortgage, pledge or otherwise, or memorandum thereof, which is executed by the person from whom the lien is intended to be given, and acknowledged or proved in the manner provided for the acknowledgment or proof of other conveyances, may be indexed and recorded in the records of mortgages of real property in the county where such real property is located, as provided in ORS 93.710. Such recordation constitutes notice to third persons, and shall otherwise have the same effect as recordation pursuant to ORS 93.710, specifically, but without limitation, such lien shall not be voidable by and shall not be subordinate to the rights of either:
(a) A subsequent lien creditor, as defined in ORS 79.0102; or
(b) A subsequent bona fide purchaser of real property.
(2) Such an assignment, mortgage or pledge shall be so perfected by such recording, without the holder thereof obtaining the appointment of receiver, taking possession of the subject real property, filing a financing statement pursuant to ORS chapter 79 or taking any other action in addition to such recording.
(3) As used in this section, "memorandum" has the meaning provided in ORS 93.710 (3). [1991 c.299 §1; 2001 c.445 §166]
Note:
93.806 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.808 - Approval of governmental unit required to record certain instruments.

An instrument conveying title or interest to the State of Oregon or to a county, city or other political subdivision in this state may not be recorded unless the instrument carries an indication of approval of the conveyance by this state or the political subdivision accepting title or interest. [1999 c.654 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.810 - Validating and curative Acts.

The following are subjects of validating or curative Acts applicable to this chapter:
(1) Evidentiary effect and recordation of conveyances before 1854.
(2) Evidentiary effect and recordation of certified copies of deeds issued by the State Land Board before 1885 where the original deed was lost.
(3) Defective acknowledgments of married women to conveyances before 1891.
(4) Foreign instruments executed before 1903.
(5) Deeds of married women before 1907, validity; executed under power of attorney and record as evidence.
(6) Conveyances by reversioners and remainderpersons to life tenant.
(7) Decrees or judgments affecting lands in more than one county.
(8) Irregular deeds and conveyances; defective acknowledgments; irregularities in judicial sales; sales and deeds of executors, personal representatives, administrators, conservators and guardians; vested rights arising by adverse title; recordation.
(9) Defective acknowledgments.
(10) Title to lands from or through aliens.
(11) An instrument that is presented for recording as an electronic image or by electronic means and that is recorded before June 16, 2011.
(12) A tangible copy of an electronic record containing a notarial certificate that is accepted for recording by a county clerk before June 30, 2020. [Amended by 1973 c.823 §96; 2003 c.14 §36; 2003 c.576 §355; 2011 c.386 §2; 2020 s.s.1 c.12 §§28,29; 2021 c.344 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.850 - Warranty deed form; effect.

(1) Warranty deeds may be in the following form:
______________________________________________________________________________
_____, Grantor, conveys and warrants to _____, Grantee, the following described real property free of encumbrances except as specifically set forth herein: (Describe the property conveyed.)
The true consideration for this conveyance is $_____. (Here comply with the requirements 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 in the described property at the date of the deed which the deed purports to convey.
(b) The grantor, the heirs, successors and assigns of the grantor, shall be forever estopped from asserting that the grantor had, at the date of the deed, an estate or interest in the land less than that estate or interest which the deed purported to convey and the deed shall pass any and all after acquired title.
(c) It shall include the following covenants, each of which shall run in favor of the grantee and the successors in title of the grantee as if written in the deed:
(A) That at the time of the delivery of the deed the grantor is seized of the estate in the property which the grantor purports to convey and that the grantor has good right to convey the same.
(B) That at the time of the delivery of the deed the property is free from encumbrances except as specifically set forth on the deed.
(C) That the grantor warrants and will defend the title to the property against all persons who may lawfully claim the same.
(3) If the grantor desires to exclude any encumbrances or other interests from the scope of the covenants of the grantor, such exclusions must be expressly set forth on the deed. [1973 c.194 §1; 1999 c.214 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.855 - Special warranty deed form; effect.

(1) Special warranty deeds may be in the following form:
______________________________________________________________________________
_____, Grantor, conveys and specially warrants to _____, Grantee, the following described real property free of encumbrances created or suffered by the grantor except as specifically set forth herein: (Describe the property conveyed.)
The true consideration for this conveyance is $_____. (Here comply with the requirements 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 as a warranty deed as described in ORS 93.850, except that the covenant of freedom from encumbrances shall be limited to those encumbrances created or suffered by the grantor and the covenant of warranty shall be limited to read: "That the grantor warrants and will defend the title to the property against all persons who may lawfully claim the same by, through or under the grantor."
(3) If the grantor desires to exclude any encumbrances or other interests from the scope of the covenants of the grantor, such exclusions must be expressly set forth on the deed. [1973 c.194 §2; 1999 c.214 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.860 - Bargain and sale deed form; effect.

(1) Bargain and sale deeds may be in the following form:
______________________________________________________________________________
_____, Grantor, conveys to _____, Grantee, the following described real property: (Describe the property conveyed.)
The true consideration for this conveyance is $_____. (Here comply with the requirements 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 in the described property at the date of the deed which the deed purports to convey.
(b) The grantor, the heirs, successors and assigns of the grantor, shall be forever estopped from asserting that the grantor had, at the date of the deed, an estate or interest in the land less than that estate or interest which the deed purported to convey and the deed shall pass any and all after acquired title.
(3) A bargain and sale deed shall not operate to provide any covenants of title in the grantee and the successors of the grantee. [1973 c.194 §3; 1999 c.214 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.865 - Quitclaim deed form; effect.

(1) Quitclaim deeds may be in the following form:
______________________________________________________________________________
_____, Grantor, releases and quitclaims to _____, Grantee, all right, title and interest in and to the following described real property: (Describe the property conveyed.)
The true consideration for this conveyance is $_____. (Here comply with the requirements 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 conveying whatever title or interest, legal or equitable, the grantor may have in the described property at the date of the deed but shall not transfer any title or interest which the grantor may thereafter obtain nor shall it operate as an estoppel.
(3) A grantee taking title by way of a quitclaim deed shall not, merely because of receipt of title by or through such a deed, be denied the status of a good faith purchaser for value. [1973 c.194 §4; 1999 c.214 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.870 - Statutory deed forms optional.

The form of deeds set forth in ORS 93.850 to 93.865 are permissive and not mandatory. Other forms of deeds may be used for the conveyance of real property. [1973 c.194 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.905 - Definitions for ORS 93.905 to 93.940.

As used in ORS 93.905 to 93.940, unless the context requires otherwise:
(1) "Contract for transfer or conveyance of an interest in real property" shall not include earnest money or preliminary sales agreements, options or rights of first refusal.
(2) "Forfeiture remedy" means the nonjudicial remedy whereby the seller cancels the contract for default, declares the purchaser’s rights under the contract to be forfeited, extinguishes the debt and retains sums previously paid thereunder by the buyer.
(3) "Purchase price" means the total price for the interest in the real property as stated in the contract, including but not limited to down payment, other property or value given or promised for which a dollar value is stated in the contract and the balance of the purchase price payable in installments, not including interest. If the contract provides for the conveyance of an interest in more than one parcel of property, the purchase price shall include only the portion of the price attributable to the remaining, unconveyed interest in real property, if the value thereof is separately stated or can be determined from the terms of the contract.
(4) "Purchaser" means any person who by voluntary transfer acquires a contractual interest in real property, any successor in interest to all or any part of the purchaser’s contract rights of whom the seller has actual or constructive notice, and any person having a subordinate lien or encumbrance of record, including, but not limited to, a mortgagee, a beneficiary under a trust deed and a purchaser under a subordinate contract for transfer or conveyance of an interest in real property.
(5) "Seller" means any person who transfers or conveys an interest in real property, or any successor in interest of the seller.
(6) "Unpaid balance" means the sum of the unpaid principal balance, accrued unpaid interest and any sums actually paid by the seller on behalf of the purchaser for items required to be paid by the purchaser, including amounts paid for delinquent taxes, assessments or liens, or to obtain or reinstate required insurance. [1985 c.718 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.910 - Enforcement of forfeiture remedy after notice of default.

Whenever a contract for transfer or conveyance of an interest in real property provides a forfeiture remedy, whether the remedy is self-executing or is optional, forfeiture of the interest of a purchaser in default under the contract may be enforced only after notice of the default has been given to the purchaser as provided in ORS 93.915, notwithstanding any provision in the contract to the contrary. [1985 c.718 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.913 - Forfeiture allowed for default under certain collateral assignments of interest.

In the event of a default under a collateral assignment of the interest of a seller or purchaser in a land sale contract, including a collateral assignment of the proceeds thereof, the assignee may enforce a remedy of forfeiture, as set forth in ORS 93.905 to 93.945, unless the agreement between the parties otherwise prohibits such remedy. [1989 c.516 §3]
Note:
93.913 and 93.918 were added to and made a part of ORS chapter 93 by legislative action but were not added to any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.918 - Continuation of proceedings after certain types of stay ordered by court; procedures.

(1) Except when a seller has participated in obtaining a stay, contract forfeiture proceedings that are stayed by order of the court, by proceedings in bankruptcy or for any other lawful reason, shall continue after release from the stay as if uninterrupted, if within 30 days after release the seller gives written amended notice of default by certified mail with return receipt requested, to the last-known address of those persons listed in ORS 93.915 (1). The amended notice of default shall:
(a) Be given at least 20 days prior to the amended date of forfeiture;
(b) Specify an amended date after which the contract will be forfeited, which may be the same as the original forfeiture date;
(c) Conform to the requirements of ORS 93.915 (3), except the time periods set forth therein; and
(d) State that the original forfeiture proceedings were stayed and the date the stay terminated.
(2) The new date of forfeiture shall not be sooner than the date of forfeiture as set forth in the seller’s notice of default which was subject to the stay.
(3) Prior to the date of forfeiture, the seller shall cause to be recorded in the real property records of each county in which any part of the property is located, a copy of the amended notice of default, together with an affidavit of service or mailing of the amended notice of default, reciting the date the amended notice of default was served or mailed and the name and address of each person to whom it was given. From the date of its recording, the amended notice of default shall be subject to the provisions of ORS 93.915 (4) and (5). [1989 c.516 §4]
Note:
See note under 93.913.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.920 - Curing default to avoid forfeiture; payment of costs and expenses.

A purchaser in default may avoid a forfeiture under the contract by curing the default or defaults before expiration of the notice period provided in ORS 93.915. If the default consists of a failure to pay sums when due under the contract, the default may be cured by paying the entire amount due, other than sums that would not then be due had no default occurred, at the time of cure under the terms of the contract. Any other default under the contract may be cured by tendering the performance required under the contract. In addition to paying the sums or tendering the performance necessary to cure the default, the person effecting the cure of the default shall pay all costs and expenses actually incurred in enforcing the contract, including, but not limited to, late charges, attorney fees not to exceed $350 and costs of title search. [1985 c.718 §4; 1987 c.717 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.925 - Failure to cure default; exclusiveness of notice.

Notwithstanding a seller’s waiver of prior defaults, if notice is given and purchaser does not cure the default within the period specified in ORS 93.915, the contract forfeiture remedy may be exercised and the contract shall not be reinstated by any subsequent offer or tender of performance. The notice required in ORS 93.915 shall be in lieu of any notice that may be required under the terms of the contract itself, except where greater notice or notice to persons other than those described in ORS 93.915 is required by the terms of the contract, in which case notice shall be given for such longer period of time and to such additional persons as required by the contract. [1985 c.718 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.930 - Recording affidavit after forfeiture; affidavit as evidence.

(1) When a contract for conveyance of real property has been forfeited in accordance with its terms after the seller has given notice to the purchaser as provided in ORS 93.915, the seller shall record an affidavit with the property description, a copy of the notice of default and proof of mailing attached, setting forth that the default of the purchaser under the terms of the contract was not cured within the time period provided in ORS 93.915 and that the contract has been forfeited. When the affidavit is recorded in the deed records of the county where the property described therein is located, the recitals contained in the affidavit shall be prima facie evidence in any court of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them.
(2) Except as otherwise provided in ORS 93.905 to 93.945 and except to the extent otherwise provided in the contract or other agreement with the seller, forfeiture of a contract under ORS 93.905 to 93.930 shall have the following effects:
(a) The purchaser and all persons claiming through the purchaser who were given the required notices pursuant to ORS 93.915, shall have no further rights in the contract or the property and no person shall have any right, by statute or otherwise, to redeem the property. The failure to give notice to any of these persons shall not affect the validity of the forfeiture as to persons so notified;
(b) All sums previously paid under the contract by or on behalf of the purchaser shall belong to and be retained by the seller or other person to whom paid; and
(c) All of the rights of the purchaser to all improvements made to the property at the time the declaration of forfeiture is recorded shall be forfeited to the seller and the seller shall be entitled to possession of the property on the 10th day after the declaration of forfeiture is recorded. Any persons remaining in possession after that day under any interest, except one prior to the contract, shall be deemed to be tenants at sufferance. Such persons may be removed from possession by following the procedures set out in ORS 105.100 to 105.168 or other applicable judicial procedures.
(3) After the declaration of forfeiture is recorded, the seller shall have no claim against the purchaser and the purchaser shall not be liable to the seller for any portion of the purchase price unpaid or for any other breach of the purchaser’s obligations under the contract. [1985 c.718 §6; 1987 c.717 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.935 - Effect of purchaser’s abandonment or reconveyance on interest, lien or claim.

(1) In the event of a default under a contract for conveyance of real property, the recorded interest, lien or claim of a person with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser, shall not be affected by the purchaser’s abandonment or reconveyance to the seller unless the person is given notice in the manner specified in ORS 93.915.
(2) The notice shall specify the nature of the default, the amount of the default if the default is in the payment terms, the date after which the purchaser’s interest in the real property will be abandoned or reconveyed to the seller and the name and address of the seller or the attorney for the seller. The period specified in the notice after which the purchaser’s interest will be abandoned or reconveyed to the seller may not be less than:
(a) Sixty days, when the purchaser has reduced the unpaid balance to an amount greater than 75 percent of the purchase price;
(b) Ninety days, when the purchaser has reduced the unpaid balance to an amount which is more than 50 percent but less than 75 percent of the purchase price; or
(c) One hundred twenty days, when the purchaser has reduced the unpaid balance to an amount which is 50 percent or less of the purchase price.
(3) If the person having an interest, lien or claim with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser whose interest arises under a contract for conveyance of real property, cures the default as provided in ORS 93.920 then such person’s interest, lien or claim with respect to the real property shall not be affected by the purchaser’s abandonment or reconveyance to the seller. [1985 c.718 §7; 1987 c.225 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.940 - Effect of seller’s foreclosure or other action on interest, lien or claim.

The recorded interest, lien or claim of a person with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purchaser whose interest arises under a contract for conveyance of real property, shall be not affected by the seller’s foreclosure or other action on the contract unless such person is made a party to the action brought by the seller to enforce or foreclose the contract. In such action, such person shall be entitled to the same rights and opportunities to cure the purchaser’s default or satisfy the purchaser’s obligations as are granted the purchaser. [1985 c.718 §8; 1987 c.225 §4]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.945 - Application of ORS 93.910 to 93.940.

(1) The provisions of ORS 93.910 to 93.930 shall apply only to forfeiture remedies enforced after July 13, 1985. The date that the initial written notice of a default is given to the purchaser shall be the date of enforcement of the forfeiture remedy.
(2) The provisions of ORS 93.935 and 93.940 shall apply to all contracts for transfer or conveyance of an interest in real property, whether executed on, before or after July 13, 1985. [1985 c.718 §§9,10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.948 - URPTDA 1. Short title.

ORS 93.948 to 93.979 may be cited as the Uniform Real Property Transfer on Death Act. [2011 c.212 §1]
Note:
93.948 to 93.985 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.949 - URPTDA 2. Definitions.

As used in ORS 93.948 to 93.979:
(1) "Beneficiary" means a person that receives property under a transfer on death deed.
(2) "Designated beneficiary" means a person designated to receive property in a transfer 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 manner that entitles one or more of the owners to ownership of the whole of the property upon the death of one or more of the other owners.
(4) "Person" means an individual, corporation, business trust, personal representative, trustee, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.
(5) "Property" means an interest in real property located in this state.
(6) "Transfer on death deed" means a deed that conveys property to a designated beneficiary at the transferor’s death.
(7) "Transferor" means an individual who makes a transfer on death deed. [2011 c.212 §2]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.950 - URPTDA 3. Applicability.

ORS 93.948 to 93.979 apply to a transfer on death deed made before, on or after January 1, 2012, by a transferor dying on or after January 1, 2012. [2011 c.212 §3]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.951 - URPTDA 4. Nonexclusivity.

ORS 93.948 to 93.979 do not affect any method of transferring property otherwise permitted by the law of this state. [2011 c.212 §4]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.953 - URPTDA 5. Authority for transfer on death deed.

(1) An individual may transfer property to one or more designated beneficiaries effective at the transferor’s death by a transfer on death deed.
(2) The individual may designate one or more:
(a) Primary beneficiaries; and
(b) Alternate beneficiaries who take the property only if none of the primary beneficiaries is qualified or survives the transferor. [2011 c.212 §5]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.955 - URPTDA 6. Revocability of transfer on death deed.

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. [2011 c.212 §6]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.957 - URPTDA 7. Nontestamentary nature of transfer on death deed.

A transfer on death deed is nontestamentary. [2011 c.212 §7]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.959 - URPTDA 8. Capacity of transferor; fraud, duress or undue influence.

(1) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
(2) A transfer on death deed or an instrument revoking a transfer on death deed that is procured by fraud, duress or undue influence is void.
(3) A proceeding must be commenced not later than 18 months after the transferor’s death to:
(a) Contest the capacity of the transferor; or
(b) Determine whether a transfer on death deed or an instrument revoking a transfer on death deed is void because it was procured by fraud, duress or undue influence. [2011 c.212 §8]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.961 - URPTDA 9. Requirements.

(1) A transfer on death deed:
(a) Except as provided otherwise in paragraph (b) of this subsection, must contain the essential elements and formalities of a properly recordable inter vivos deed;
(b) Must state that the transfer to the designated beneficiary is to occur at the transferor’s death;
(c) Must identify the designated beneficiary by name; and
(d) Must be recorded before the transferor’s death in the deed records in the office of the county clerk for the county in which the property is located.
(2) A beneficiary designation that identifies beneficiaries only as members of a class is void. [2011 c.212 §9]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.963 - URPTDA 10. Notice; delivery; acceptance; consideration.

A transfer on death deed is effective without:
(1) Notice or delivery to, or acceptance by, the designated beneficiary during the transferor’s life; or
(2) Consideration. [2011 c.212 §10]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.965 - URPTDA 11. Revocation by instrument; revocation by act.

(1) An instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
(a) Is acknowledged by the transferor after the transferor acknowledges the deed to be revoked;
(b) Is recorded before the transferor’s death in the deed records of the county in which 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 by inconsistency;
(B) An instrument of revocation that expressly revokes the deed, or part of the deed; or
(C) An inter vivos deed that transfers an interest in property that is the subject of a transfer on death deed to the extent of the interest in property transferred by the inter vivos deed.
(2) If authority is expressly granted by the transfer on death deed, a designated agent of the transferor may revoke the transfer on death deed as provided in this section.
(3) If a transfer on death deed is made by more than one transferor, revocation by one transferor does not affect the transfer of another transferor’s interest in property by the transfer on death deed.
(4) After a transfer on death deed is recorded, the deed may not be revoked by a revocatory act on the deed.
(5) This section does not limit the effect of an inter vivos transfer of the property. [2011 c.212 §11]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.967 - URPTDA 12. Effect of transfer on death deed during transferor’s life.

During a transferor’s life, a transfer on death deed does not:
(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
(2) Affect an interest or right of a designated beneficiary, even if the designated beneficiary has actual or constructive notice of the deed;
(3) Affect an interest or right of a secured, unsecured or future creditor of the transferor even if the creditor has actual or constructive notice of the deed;
(4) Affect the eligibility of the transferor or a designated beneficiary for any form of public assistance or medical assistance, as defined in ORS 414.025;
(5) Create a legal or equitable interest in favor of the designated beneficiary; or
(6) Subject the property to claims or process of a secured, unsecured or future creditor of the designated beneficiary. [2011 c.212 §12; 2013 c.688 §9]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.969 - URPTDA 13. Effect of transfer on death deed at transferor’s death.

(1) Except as provided otherwise in the transfer on death deed and subject to ORS 107.115, 112.455 to 112.555 or 112.570 to 112.590 and ORS 93.981, 93.983 and 93.985, when a transferor dies, the following rules apply to property that is subject to a transfer on death deed and owned by the transferor at death:
(a) A designated beneficiary’s interest in the property:
(A) Is transferred to the designated beneficiary in accordance with the deed if the designated beneficiary survives the transferor; or
(B) Lapses if the designated beneficiary does not survive the transferor.
(b) If the transferor has identified multiple designated beneficiaries to receive concurrent interests in the property:
(A) Concurrent interests are transferred to the designated beneficiaries in equal and undivided shares with no right of survivorship; and
(B) The share of a designated beneficiary that lapses or fails for any reason is transferred to the remaining designated beneficiaries in proportion to the interest of each designated beneficiary in the remaining part of the property held concurrently.
(2) A beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens and other interests to which the property is subject at the transferor’s death, including a claim or lien by a state authorized to seek reimbursement for public assistance or medical assistance, as defined in ORS 414.025, if assets of the transferor’s probate estate are insufficient 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 death deed belongs to the surviving joint owners with a right of survivorship.
(b) The last surviving joint owner, the transfer on death deed is effective.
(4) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. [2011 c.212 §13; 2013 c.688 §10]
Note:
See note under 93.948.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 093 - Conveyancing and Recording › Section 93.971 - URPTDA 14. Disclaimer.

A beneficiary may disclaim all or part of the beneficiary’s interest as provided by ORS 105.623 to 105.649. [2011 c.212 §14]
Note:
See note under 93.948.