You are NOT on the Benton County official website, you are on Deeds.com, a private website that is not affiliated with any government agency.
The Benton County Clerk is responsible for recording and maintaining real property records through the Records & Licenses Office.
Recording Fees
Deed Records:
Warranty Deed
$108.00 + $5.00 ea add'l page
Quitclaim Deed
$108.00 + $5.00 ea add'l page
Bargain and Sale Deed
$108.00 + $5.00 ea add'l page
Power of Attorney
$78.00 + $5.00 ea add'l page. Must involve real property and requires a legal description.
No legal description, add $20.00 non-compliance fee
Mortgage Records:
Mortgage
$108.00 + $5.00 ea add'l page
Deed of Trust
$108.00 + $5.00 ea add'l page
Trust Deed
$108.00 + $5.00 ea add'l page
Satisfaction of Mortgage
$108.00 + $5.00 ea add'l page
Deed of Reconveyance
$108.00 + $5.00 ea add'l page
Deed of Partial Reconveyance
$108.00 + $5.00 ea add'l page
Assignment Deed of Trust / Trust Deed
$108.00 + $5.00 ea add'l page
Assignment of Mortgage
$108.00 + $5.00 ea add'l page
Modification Deed of Trust
$108.00 + $5.00 ea add'l page
Affidavit of Mailing
$78.00 + $5.00 ea add'l page
ORS 086.745 & 086.750(3)
Affidavit of Publication
$78.00 + $5.00 ea add'l page. ORS 193.080
Notice of Default Foreclosure Avoidance Mediation Program
$78.00 + $5.00 ea add'l page
Additional Fees may apply
Appointment Successor Trustee
$78.00 + $5.00 ea add'l page
Multi-instrument Documents:
+$5.00 per additional first page transaction title listed
Substitution of Trustee, and Deed of Reconveyance
$113.00 + $5.00 ea add'l page
Appointment Successor Trustee, and Deed of Reconveyance
$113.00 + $5.00 ea add'l page
Lien Instruments:
Lien - Construction, Hospital, etc.
$78.00 + $5.00 ea add'l page
Lien Satisfaction or Release
$78.00 + $5.00 ea add'l page
Judgment
$16.00 + $5.00 ea add'l page
NO Change
Requires legal description
Satisfaction of Judgment
$5.00 + $5.00 ea add'l page
For a trust deed or deed of trust, if the words 'Lender is Beneficiary' do not appear on the first page of the document, a $20 penalty fee will apply.
A certified copy of a recorded document is $3.75.
The Records & Licenses Office accepts, cash, checks (to Benton County), money orders, Master Card and VISA Debit and Credit Cards, as well as, Discover Credit Cards. "Consumer convenience fees" are applicable to card payment options.
Document Formatting Requirements
FIRST PAGE REQUIREMENTS
* When submitting a real property document to be recorded, the following information is required on the first page: A title for the transaction that gives sufficient detail; the names and addresses of all parties to be indexed; the name and address, for mailing purposes, to whom the document should be returned after it has been recorded; for instruments that convey or contract to convey fee title to any real estate, the address to which property taxes should be mailed; for documents assigning a mortgage or trust deed, the name and address of the assignee; for documents conveying or contracting to convey title to any real estate, the true and actual consideration paid for each transfer, along with the Benton County Code (BCC); for documents recorded in the Clerk's Lien Record, the amount of any monetary obligation, the name and address of persons subject to an order or warrant and the officer, agency, board, complainant, or claimant. This information must be clearly labeled.
* If documents do not contain the required information on the first page, a cover sheet will be prepared for the document, to which additional fees will be applied. The cover sheet does not need to be separately signed or acknowledged.
* All instruments prepared for the purpose of conveying or contracting to convey fee title to any real estate shall contain on the face of such instrument a statement in substantially the following form: 'Until a change is requested, all tax statements shall be sent to the following address: NAME and ADDRESS.'
ADDITIONAL REQUIREMENTS
* Documents submitted for recording must be legible originals that meet all requirements.
* Any document that contains text that is not sufficiently legible to reproduce a readable photographic record will be returned without being recorded. For example, faxed or copied documents, even those with original signatures, often do not meet the legibility requirement.
* Documents pertaining to real property must contain a legal description of the property. The property can be described by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by partition plat recording and parcel numbers, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page, document number and fee number of any public record of the county where the description may be found. However, description by tax lot number shall not be adequate for the legal property description. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any such description of real property.
* Any flaps or riders must be attached to the page at the top and bottom. Anything under the flap or rider will not be recorded. Do not use staples or paperclips for the attachments.
* A statement given in full in ORS 93.040 needs to be included in the body of an instrument transferring or contracting to transfer fee title to real property, except for owner's sale agreements or earnest money receipts.
* All instruments of conveyance of any real estate shall state on the face of the instrument the true and actual consideration paid for the transfer, stated in terms of dollars. However, if the actual consideration consists of or includes other property or other value given or promised, neither the monetary value nor a description of the other property or value need be stated so long as it is noted on the face of the instrument that other property or value was either part or the whole consideration. A particular form is not required for the statement of consideration.
* The statement of consideration should be made by the grantor or grantee.
* All instruments conveying fee title to property shall be signed by the grantor and acknowledged. Documents should contain original signatures of the persons executing the instrument and the original signature of the officer before whom the acknowledgement was made.
PAPER REQUIREMENTS
* Documents should be submitted on legal size paper (8.5 x 14 inches) or letter size (8.5 x 11 inches). For pages smaller than 8.5 x 11, they should be attached to an 8.5 x 11 inch piece of paper at the top and bottom but should not be stapled.
* The font should be black ink or type, 8 point or larger, in Times New Roman.
* The paper weight needs to be sufficient to prevent ink bleed-through.
* In the upper right corner of the first page, space should be provided for the recording ticket. This space should be approximately 3.25 x 2.25 inches. If sufficient space is not provided for the recording ticket, a document cover sheet will be required. Adding a cover sheet will add $5 to the recording fee.
DOCUMENT CORRECTIONS
Any document that has been previously recorded may be re-recorded to make corrections to the original document.
The first page of the corrected document must meet all of the first page requirements.
The corrected document does not need to be signed by the parties or acknowledged by a notary a second time.
A certified copy of a recorded instrument may not be altered may not be altered for the purpose of correcting the original instrument. The person presenting the instrument may present an unaltered certified copy of the recorded instrument when it is attached to an authorized cover sheet. The cover sheet must contain the rerecording certificate to be affixed.
The person presenting a document for rerecording shall cause a rerecording certificate to be affixed to the first page or cover sheet. This certificate shall state: 'RERECORDED AT THE REQUEST OF (person or company requesting rerecording) TO CORRECT (reason for rerecording), PREVIOUSLY RECORDED AS BOOK ___________ AND PAGE _________, OR AS FEE NUMBER_____.'