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Recorder Offices in Wheeler County

Wheeler County Clerk
701 Adams St., Room 327, Fossil, Oregon 97830
M-F 8 am - 12pm, 1 pm - 4 pm
Phone: (503) 763-2400
Wheeler County Clerk   701 Adams St., Room 327,  Fossil, Oregon,  97830

 
 
 
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Wheeler County Recorder of Deeds
Wheeler County Recorder Information
The recorder in Wheeler County is responsible for recording and maintaining records related to real property situated in the County.
Recording Fees
A standard real estate deed is $41 to record the first page and $5 for each additional page.

Each additional transaction contained in a single document will be an additional $5.

Non-standard documents will be charged an additional $20 fee.

Certification of a document is $3.75.

Contact the Wheeler County Clerk at (541) 763-2400 if you have questions regarding recording fees or have other recording issues to discuss.
Document Formatting Requirements
The County Clerk in Wheeler County, Oregon is the primary public record keeping agency for the county. Real property documents such as deeds, easements, and other instruments affecting property ownership in the county are recorded with the county clerk. The property must be located in Wheeler County in order to record the corresponding document with the county clerk in Wheeler County.


A. Effect and Necessity of Recording

Every conveyance affecting the title of real property within the state of Oregon which is not recorded as provided by law is void as against any subsequent purchaser in good faith and for a valuable consideration of the same real property, or portion of it, whose conveyance is first filed for record, and as against the heirs and assigns of such subsequent purchaser.

To give constructive notice of an interest in real property, a person must have documentation of the interest recorded in the indices maintained under ORS 205.130 in the county where the property is located. Such recordation, and no other record, constitutes constructive notice to any person of the existence of the interest.


B. Recording Guidelines

A county clerk may not record an instrument unless it contains the original signature of the person executing the instrument and the original signature of the officer before whom the acknowledgment was made. Corresponding names are to be printed or typed beneath signatures.

On the first page, provide a blank 2-inch top margin. Side and bottom margins should be at least 1.5 inches. If adequate margins are not provided, additional fees may apply. A 3x3 inch recording label will be placed at the top of the first page in the upper right hand corner. If there is not enough room for this, an additional page will be added for $5.

Submit documents on white paper that is at least 8.5 x 11 inches in size. Printing or typing should be in black ink with a font size of at least 8 point. Use paper that is of sufficient quality for photographic reproduction. Documents containing highlighted portions may be rejected.

Any flaps or riders that are submitted with the document must be attached to a page on at least two sides. Anything underneath the flap or rider will not be recorded.

Legal description of real property: Describe real property for recordation by giving the subdivision, or by lots, blocks, and addition names, or by partition plat recording and parcel numbers, or by metes and bounds, or by referencing the book and page, document number, or fee number of any public record of the county where the description can be found. A description by tax lot number is not adequate.

A mandatory statement for sales agreements, earnest money receipts, or other instruments for the conveyance of fee title to real property is required to be in the body of an instrument transferring or contracting to transfer fee title to real property. This statement appears in ORS 93.040.

The first page of a recorded document should contain the following information:

• Title: The document must contain a title that clearly names the transaction. This will enable the clerk to record the document in the appropriate record book. If more than one title is used, each title must be distinguishable.

• Names and addresses: List the names and addresses of the parties to the conveyance as well as under which capacity each party is serving. If a cover sheet lists multiple titles, each grantor and grantee’s address must be listed under each title.

• Return address: Provide the name and address of the person to whom the document is to be returned. This information should be prefaced by “Return to.”

• All instruments prepared for the purpose of conveying or contracting to convey fee title to any real estate shall contain on the face of the instrument a statement in substantially the following form: “Until a change is requested, all tax statements should be sent to the following address…”

• Statement of Consideration: All instruments conveying or contracting to convey fee title to any real estate, and all memoranda of such instruments, shall state on the face of the instrument the true and actual consideration, stated in dollars, paid for the transfer. 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. The statement of consideration should be made by the grantor or grantee. If the statement is in the body of the instrument preceding the signatures, the execution of the instrument will constitute a certification of the truth of the statement.

• If a document is being recorded in the clerk’s lien records, list the judgment or warrant amount.


A cover sheet containing the required first-page information may be attached and recorded along with the deed for an additional fee.



C. Conveyances

A conveyance of land or of any estate or interest therein can be made by deed, signed by the person of lawful age from whom the estate or interest is intended to pass. The deed is to be acknowledged or proved and recorded. A seal from the grantor is not required.

No grant or conveyance of land or interest therein is void for the reason that at the time of its execution the lands were in the actual possession of another person claiming adversely.

A conveyance made by a tenant for life or years, purporting to grant a greater estate than the tenant possesses or could lawfully convey, does not work a forfeiture of the estate of the tenant, but passes to the grantee all the estate which the tenant could lawfully convey.

No covenant will be implied in any conveyance of real estate, whether it contains special covenants or not, except as provided by ORS 93.850 to 93.870.


Warranty deed: A warranty deed will have the following effect: (a) it will convey the entire interest in the described property at the date of the deed which the deed purports to convey and (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 the estate or interest that the deed is purporting to convey and the deed shall pass any and all after acquired title.

A warranty deed will 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 at length in the deed: 1) that at the time the deed was delivered, the grantor is seized of the estate in property which he/she purports to convey and has good right to convey the property, 2) that at the time the deed was delivered, the property is free from encumbrances except as specifically set forth in the deed, 3) that the grantor warrants and will defend the title to the property against all persons who may lawfully claim the same.

If the grantor to a warranty deed wants to exclude any encumbrances from the scope of the covenants, such exclusions must be expressly set forth in the deed.


Special Warranty Deed: A special warranty deed will have the same effect as a warranty deed, except that the covenant of freedom from encumbrances will be limited to those encumbrances created or suffered by the grantor. 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.” If the grantor wants to exclude any encumbrances from the scope of the covenants, the exclusions must be specifically set forth in the deed.


A deed of quitclaim and release, of the form in common use, is sufficient to pass all the estate which the grantor could lawfully convey by a deed of bargain and sale.

Quitclaim deed: A quitclaim deed will 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 will not transfer any title or interest that the grantor may subsequently acquire, nor shall it operate as estoppel.

When a grantee takes title by way of quitclaim deed, he/she will not, merely by receipt of title by or through such a deed, be denied the status of a good faith purchaser for value.
 
E-Recording
We may be able to e-record your deed documents in Wheeler County, Click Here for more information.
Forms
Wheeler County Real Estate Deed Forms

Quit Claim Deed Form
Warranty Deed Form
Special Warranty Deed Form
Bargain and Sale Deed Form
Easement Deed Form
Transfer on Death Deed Form
Transfer on Death Revocation Form
Transfer on Death Affidavit of Survivorship Form
Affidavit of Surviving Joint Tenant Form
Correction Deed Form
Disclaimer of Interest Form
Supplemental Documents

Consideration
 
 
 
 
 
NOTICE: You are NOT on the Wheeler County official website, you are on Deeds.com, a private website that is not affiliated with any government agency.