legal documentation Archives

March 6, 2024April 25, 2024

eRecording Is Next-Level Deed Processing. Know What It Is, and Why It’s Legal.

For centuries, deeds went through a manual filing process for transmitting, recording, and storing. This is changing, with eRecording emerging as the new standard.

Why the shift? The shutdowns in the early days of Covid jolted offices into a different mode of operating. Around the same time, county offices began strongly recommending eRecording.

Electronic signatures (eSignatures) and records, including sound files, are now as legally binding as traditional paper documents. And now, people can use encrypted digital signatures for identity protection.

December 19, 2023April 25, 2024

Oregon HB 2029 and Its Impact on Real Estate Deeds

In a significant move to improve the legibility and accessibility of recorded documents, Oregon has passed House Bill 2029, which comes into effect on January 1, 2024. This bill amends Oregon Revised Statute 205.232, specifically raising the minimum font size for recorded documents from 8-point to 10-point type.

December 5, 2018April 25, 2024

What is a Quitclaim Deed?

There are various ways to transfer a real estate title, and among the simplest is a quitclaim deed. The person is literally quitting their claim to the property. Just because it’s the simplest method does not mean it’s the best, however, especially if you are the recipient of the property. That’s because the quitclaim deed does not guarantee that the grantor – the person transferring the property – actually owns the real estate in question. The grantee, or person receiving the property, not only could end up with a worthless deed, but cannot sue the grantor if it turns out that individual did not own the property or owned only a percentage of the land or buildings. However, if fraud is involved, it is possible to sue the grantor on those grounds. That does not mean you should always avoid quitclaim deeds, but it does mean you should do your research.

October 14, 2013April 27, 2024

An Unrecorded Quitclaim Deed Can Still Be Valid

An unrecorded quitclaim deed is still valid. While there is no time limit on recording a deed or recording required for a quitclaim deed to be valid, record all deeds as soon after the transaction as possible. Failure to record a deed could render transfer or mortgaging of the property impossible and create numerous legal difficulties.