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| Home > Recording > Oregon > Marion > Recording Information |
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June 2012 |
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How to Prepare a Compliant Real Estate Deed for Recordation in Marion County, Oregon |
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The Marion County Clerk records and maintains the official record of deeds, mortgages, liens, and other real property records for Marion County.
The recording act in Oregon follows a race-notice statute. A later buyer who pays fair value, does not have notice of any earlier conflicting interests, and records first, wins and will have priority over any later recordings.
FIRST PAGE REQUIREMENTS
• A document must be clearly labeled in sufficient detail to enable the clerk to record the instrument in the appropriate record.
• All documents submitted for recording, including cover sheets or multiple titled documents, must contain the names of all parties (direct and indirect) on the first page.
• Include the name and address of the person to whom the document is to be returned after recording.
• A tax statement address should be provided on the first page.
• For documents assigning a mortgage or trust deed, the name of the assignee must be on the first page.
• Documents conveying or contracting to convey title to real estate must indicate the true and actual consideration paid for the transfer.
• For documents recorded in the Clerk’s Lien Record, the amount of any monetary obligation, the name(s) of all debtors, and the recording reference of any lien claim being satisfied should be listed on the first page.
ADDITIONAL STANDARDS
Documents should be on white paper that is at least 8.5x14 inches. The font should be at least 8 point and in black ink. The paper needs to be heavy enough so that there is not bleed-through from the backside when copied. Standard weight copy paper (#20) is generally sufficient.
On the first page, provide a blank space in the upper right corner that is at least 3 inches wide and 2 inches tall to accommodate the recording sticker. If sufficient space is not provided, an additional page will be added, which will count towards the total page count when recording fees are assessed.
The document should contain original signatures.
An acceptable legal description is required for all documents pertaining to real property. A tax lot number or address is not an acceptable legal description.
Acceptable legal descriptions are: a subdivision name with lot and block, a metes and bounds description, a partition plat recording and parcel number, or a reference to the book and page of a previously recorded Marion County public record.
When providing the tax statement information, include the name and address to where future tax statements can be sent. This is required for documents conveying or contracting to convey fee title to real estate. The statement should be in substantially the following form: “Until a change is requested, all tax statements should be sent to the following address.”
The true and actual consideration paid for the real property should be included on documents conveying or contracting to convey fee title to real estate. 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. If the statement of consideration is in the body of the instrument preceding the signatures, execution of the instrument shall constitute a certification of the truth of the statement by the person signing. A particular form is not required for the statement so long as the requirements are reasonably met.
A mandatory statement should be included for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property. Oregon Revised Statute 93.040 lists this statement, which should appear on any instrument transferring or contracting to transfer fee title to real property.
RE-RECORDING DOCUMENTS
Re-recorded instruments should have the following statement on the bottom of the first page: RERECORDED AT THE REQUEST OF _________________ TO CORRECT _______________ PREVIOUSLY RECORDED IN BOOK ________ AND PAGE __________, OR AS FEE NUMBER ____________.
Any previously recorded document can be re-recorded to make corrections to the original. The corrected document does not need to be acknowledged again.
The original document should be submitted with corrections and with the above statement. If the original cannot be submitted, a certified copy of the instrument should be requested. Next, the unaltered certified copy should be recorded, along with a cover page which clearly indicates the changes or corrections. Additional pages may be attached to the unaltered certified copy.
RECORDING FEES
Cash or checks are accepted forms of payment.
To record the first page of a deed, the fee is $41. Each additional page is $5.
Instruments describing two or more transactions involving the same properties are $5 for each additional transaction.
Instruments establishing liens, satisfying, releasing, or assigning other instruments are $5 for each additional lien or other instrument being satisfied, released, or assigned.
A cover sheet, when requirements of the first page are not met, is $5.
A $20 fee will apply to non-standard forms, in addition to regular recording fees.
Official certification of a recorded instrument is $3.75.
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| Recorder Office Information |
| Marion County Clerk |
| 100 High Street N.E., Room 1331, Salem |
| 8:30 to 5:00 M-F |
| Phone: (503) 588-5225 |
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| June 12, 2012,
Information deemed reliable but not guaranteed, you should always
confirm this information with the proper agency prior to acting.
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